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HomeMy WebLinkAbout2000-333S0 0 AGREEMENT BETWEEN DU-333ra✓ INDIAN RIVER COUNTY, FLORIDA AND VOLUNTEER ACTION CENTER YOUTH VOLUNTEER CORPS This agreement is entered into this Ist day of October, 2000, by and between Indian River County, a political subdivision of the State of Florida, 1840 25"' Street, Vero Beach FL, 32960, hereinafter "County" and, Volunteer Action Center P.O.Box 5383 Vero Beach, Florida 32961 hereinafter "Agency". WHEREAS, pursuant to Section 103.20, the Code of Indian River County, the "purpose of the children's services advisory committee is to promote healthy children in a healthy community"; and WHEREAS, the Children's Services Advisory Committee has requested that the Board of County Commissioners provide funding to the Agency; and WHEREAS, the funding provided for in this agreement would promote healthy children in a healthy community and serve a legitimate public purpose, NOW THEREFORE, in consideration of mutual covenants and promises herein contained, and other good and valuable consideration, the parties hereto agree as follows: Scope of Service The general scope of children's services to be performed by the Agency is as set forth in the grant application submitted by the Agency or as otherwise established by the Children's Services Advisory Committee. Such grant application is appended hereto and hereby incorporated and integrated herein. The Agency's services shall promote healthy children in a healthy community and serve a legitimate public purpose. Tum This agreement is limited to services provided and costs incurred from the date this agreement is executed by the second of the two parties through September 30, 2001. do 40 J rf• .i. WIM u - County agrees to reimburse the agency up to FIFTY THOUSAND DOLLARS ($50,000.00) for actual documented costs directly incurred in connection with promoting healthy children in a healthy community and which serve a legitimate public purpose. Reimbursement requests may be submitted to the County on a monthly basis and are subject to audit by the County. The County may require such documentation of expenditures as it deems appropriate. The County shall have sole discretion to determine whether costs were incurred in connection with promoting healthy children in a healthy community and whether reimbursement of such costs would serve a legitimate public purpose. 4. Termination The County may terminate this agreement at any time in the event the County, in its sole discretion, determines that the Agency has breached any term of this agreement, or if the County, in its sole discretion, determines that it would be in the public interest to terminate this agreement. Upon such termination the County's reimbursement of Agency expenses shall cease. Relationship of Parties The Agency shall be an independent contractor, and shall have control of its work and the manner in which it is performed. The Agency shall not act as an agent of the County, and no officer, agent, or employee of the Agency, vis a vis such position, shall be considered an agent or employee of the County. 6. Indemnification The Agency shall hold harmless the County and the County's officers, agents, and employees, and the Agency shall indemnify the County and the County's officers, agents, and employees, from and against all liability and loss, and against all claims, actions, and judgments based on or arising out of injury to or death of persons, or damage to or loss of property, in connection with acts or omissions of the Agency or the Agency's employees or agents. This agreement may not be assigned by the Agency without prior written consent of the County. 40 40 All previous agreements or arrangements which may have been made or entered into with reference to the services set forth herein, or with reference to the compensation of the Agency for or in respect to such services are wholly abrogated, discharged, and annulled. This agreement constitutes and expresses the entire agreement of the parties with reference to compensation and reimbursement for expenses incurred by and services performed by the Agency. Any promises, undertakings, representations, agreements, understandings, and arrangements, contained in any other agreement, regarding such compensation and reimbursement, are hereby merged into this written agreement. IN WITNESS WHEREOF, County and Agency have entered into this agreement on the date first above written. Attest: J.K. Barton, Clerk Indin-R' er County/ By. DEPUTY Witness Indian River County, Florida By its Board of County Commissioners By. `��r� V`1 ((�JLC�211-t Fran B. Adams, Chairman 11 / 7 / 00 By: Title: �Ae,C utl1je 0 1 f L+0J (President, Board of Directors, or other duly authorized officer) �g 1 U C ✓ t (Print name) 40 411 119 STANDARDS FOR REAL ESTATE TRANSACTIONS 120A. EVIDENCE OF TITLE:(t) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing trvn 121 certitied as correct by an existing firm) purporting to be an accurate synopsis of the Instruments affecting title to the feel property records. n 122 the public records of the county wherein the real property is located through Effective Date. H shall commence with the earliest public recor.s. 123 or such later dale as may be cuslome:y in the county. Upon closing of this Contract, the abstract shall become the property of Buyer. subject to 124 the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title inswet 125 agreeing to Issue Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insur.mg 126 Soy of's title to the real properly, subject only to liens, encumbrances, exceptions or qualifications provided in this Contract and those to oe 127 dislherged by Seller at or before closing Seller shall convey marketable title subject only to liens, encumbrances, exceptions or qualificat-c-s 128 provided in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar 129 and in accordance with law. Buyer shall have 5 days from date of receiving evidence of title to examine it. if title is round defective, Buter 130 shall .Rhin safit 5 days not fly Seller in writing specifying the defect(&). If defect(s) render title unmarketable. Seller will have 30 day ff:m 1J1 receipt of notice to remove the defects, failing which Buyer shall, within five (5) days after expira! on of the thirty (30) day period, deliver wrwiti 132 notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days *chin which Seller shall use diligent effo� ro 133 remove the defects; or (2) requesting a refund of deposit(s) paid which shall be immediately retuned to Buyer If Buyer fails to so notify Se e 134 Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmartetable, use diligent effort to correct defer s 135 within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund :f 136 deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract Ir evidence of title is delivered to Buyer less t•an 137 5 days prior to closing, Buyer may extend closing date so that Buyer shall have up to 5 days fro- date of receipt of evidence of title to exam -.e 138 same in accordance with this Standard. t39 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall 140 provide for a 30 -day grace period in the event of default it a first mortgage and a 15 -day grace period if a second or lesser mortgage: stall 141 provide for right of prepayment in whole or in part without penalty; shall permit acceleration in event of transfer of the real property. shall red. •e 142 all prior liens and encumbrances to be kept in good standing and forbid modifications of or future advances under prior morigage(s), shall red- •e 143 Buyer to maintain policies of insurance containing a standard mortgagee clause covering all imr•ovements located on the real property ago -s: 144 fire and ail perils included within the term 'extended coverage endorsements' and such other r,s• s and peals as Seller may reasonably red_ 145 in an amount equal to their highest insurable value, and the mortgage, note and security agreement shall be otherwise in form and content requ •ed 146 by Seller; but Seller may only require clauses and coverage customarily found in mortgages, mortgage notes and security agreements genera -y 147 utilized by savings and loan institutions or state or national banks located in the county whe•ein the real property is located All persc-3! 148 property and leases being conveyed or assigned will, at Seller's option, be subject to the lien cf a security agreement evidenced by recorc±l 149 financing statements. If a balloon mortgage. the final payment will exceed the periodic payments thereon. 1 50 C. SURVE Y: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the real property surveyed 151 and certified by a registered Florida surveyor. If the survey discloses encroachments on the real property or that improvements located thereon 152 encroach on setback lines, easements, lands Of others Or violate any restrictions, Contract covenants or applicable governmental regulation, the 153 some shall constitute a title defect. 154 D. TERMITESIWOOD DESTROYING ORGANISMS: Buyer, at Buyer's expense, within the time allowed to deliver evidence of title• may have the 155 Property inspected by a Florida Certified Pest Control Operator ('Operator') to determine If there is any visible active termite infestation or _ 156 visible damage from termite infestation, excluding fences. If either or both are found, Buyer shall have 4 days from date of written notice thereof 157 within which to have cost of treatment, if required, estimated by the Operator and all damage inspected and estimated by a licensed builder f 158 general contractor. Seller shall pay valid costs of treatment and repair of all damage up to the amount provided in Paragraph XIII(a) :f 159 estimated costs exceed that amount. Buyer shall have the option of canceling this Contract within 5 days after receipt of contractor's repair ,._., 160 estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, and receive a credit at closing on the amount Is provided in Paragraph XIII (a).'Termiles' shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest 162 Control Act, as amended. 163 E. INGRE SS AND EGRESS: Seller warrants and represents that there is Ingress and egress to the real property sufficient for its intended use 164 as described in Paragraph VII hereof, title to which is in accordance withStandard A. 185 F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each 166 tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposit paid by tenant. If Seller is 167 unable to obtain such letter from each tenant, the same information shall be furnished by Seller and Buye, within that time period in the form of a 168 Seller's affidavit, and Buyer may thereafter contact tenant to confirm such information. Seller shall, at closing. deliver and assign all original 169 leases to Buyer. 170 G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence. unless otherwise provided for herein, of any 171 If noticing statement, claims of lien or potential lienors known to Seller and further altesting that there nave been no improvements or repairs to 172 the real property for 90 days immediately preceding date of closing. If the real property has been improved or repaired within that time. Seller 173 shalldeliver releasee or waivers of construction liens executed by all general contractors, subcontractors, suppliers and materialmen In addition 174 to SaIlet's Alen affidavit setting forth the names of all such general contractors, subcontractors. suppliers and materialmen, further affirming that 175 all charges for Improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid 178 at the closing of this Contract. 177 H. PLACE OF CLOSING: Closing shall be held in the county wherein the real property is located at the office of the attorney or other closing 178 agent ('Closing Agent') designated by Seller 1791. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or nat-Gnat legal holidays &hail be excluded Any I —e = 180 periods provided for herein which shall end on a Saturday. Sunday, or a legal holiday shall extend to 5.00 pm. of the next business day. Time is of 181 the assena In this Contract. 162 J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, construction lien affidavit. owner's possession affidavit, assignme nls of 183 leases, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage no!e 184 security agreement and financing statements 185 K. EXPENSES: Documentary stamps on t -e deed and recording of corrective instruments sna oe pa -a by Seller Documentary stamps i 188 intangible tax on the purchase money mortgage and any mortgage assumed, mortgagee title insurance commitment with related fees, and 187 recording of purchase money mortgage to Seller, dead and financing statements shall be paid by Buyer. Unless otherwise provided by law or 188 rider to this Contract, charges for the following related title services, namely title or abstract charge, title examination, and settlement 18P and closing fee, shell be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V- , . .L. PRORATIONS; CREDITS: Taxes, assessments, rent. Interest. Insurance and other expenses of the Property shall be prorated through the _ 191 day before closing. Buyer shall have the option of taking over existing policies of insurance. if assumable, in which event premiums shall be 192 prorated. Cash a1 closing shall be increased or decreased as may be required by proralions to be made through day prior to closing, or occupant.. 193 if occupancy occurs before closing. Advance tent and security deposits will be credited to Buyer. Escrow deposits held by mortgage* will be 194 credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead _ 1D5 and other exemptions. If closing occurs at a date when the current year's millage is not fixed and current year's assessment is available. taxes 196 will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available. then taxes will be prorates 197 on prior year's tax. If there are completed improvements on the real property by January 1st of .ear of closing, which improvements were not n tell existence on January 1st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agree3 199 upon between the parties: failing which, request shall be made to the County Property Appraiser for an informal assessment laking into account 200 available exemption$. A tax proration based on an estimate shall, at request of either party• be readjusted upon receipt of tax bill on condition 201 that a statement to that affect is signed at closing. Buys, () (_ 101'W. and Se ler ( li 21— ) ( 1 acknowl*dg* receipt of a copy of this page FAR/BAR-5 Rev 8198 COPYRIGHT 1998 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF RE AL TORSA This form is, licensed for use with FexYstufatsia" Forms Software by ISG McAllister Publishing, Inc 800-136-1027 410 do 702 M'5 - PECIAL ASSESSMENT LIENS: Certified, Confirmed and ratified special assessment hens as of date of closing (not as of Effective Date) 203 are to be paid by Seller Pending (lens as of dale of closing shall be assumed by Buyer If the improvement has been substantiall) completed as 204 of Effective Date, any pending lien shall be considered certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to 205 the last estimate or assessment for the improvement by the pu Dllc body. 206 N.INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that the ceiling. roof (including the fascia and soffits) and exterior and 207 Interior walls, foundation, seawalls (or equivalent) and dockage do not have any Visible Evidence of leaks, water damage or structural damage 208 and that the septic tank, pool, all appliances, mechanical items, heating, cooling, electrical, plumbing systems and machinery are in Working 209 Condition. The foregoing warranty shall be limited to the items specified unless otherwise provided in an addendum Buyer may. at Buyer's 210 expense, have inspections made of those items within 20 days after the Effective Dale. by a firm or individual specializing in home inspections 211 and holding an occupational license for such purpose (if required) or by an appropriately licensed Florida contractor, and Buyer shall, prior 212 to Buyer's occupancy, but not more than 20 days after Effective Dale, report in writing to Seller such items that do not meet the above standards 213 as to defects. Unless Buyer timely reports such defects, Buyer shall be deemed to have waived Seller's warranties as to defects not reported. 214 If repairs or replacements are required to comply with this Standard. Salle, shall cause them to be made and shall pay up the amount 215 provided in Paragraph XIII(b). Seller is not required to make repairs or repla:ements of a Cosmetic Condition unless caused by a :elect Seller 216 is responsible to repair or replace If the cost for such repair or replacement exceeds the amount provided in Paragraph Xlr fb). Bc.ef and Seller 217 may elect to pay such excess, falling which either party may cancel this Cont'acl If Seller is unable to correct the defects prior :c closing. the 218 cost thereof shall be paid into escrow at closing. Seller shall, upon reasonap,e notice. provide utilities service and access to the Property for 219 inspections, including a walk•thtough prior to closing. to confirm that all items of personal property are on the real property and Sibiect to the '- 220 foregoing, that all required repairs and replacements have been made and that !me Property, including, but not limited to, lawm. shrutpery and pool, 221 if any, has been maintained in the condition existing as of Effective Date, oromary wear and tear excepted. For purposes of this Contract. (a) 222 'Working Condition' means operating in the manner in which the Item was designed to operate; (b) 'Cosmetic Condition' means aesthetic 223 imperfections that do not affect the working condition of the item, including. but not limited topitted marcite; missing or torn screens. fogged 224 windows; tears, worn spots, or discoloration of floor coverings, wallpaper, of window treatments. nail holes, scratches. dents. scrapes. chips or 225 caulking in ceilings, walls. floorings, fixtures, or mirrors, and minor cracks in' dors, tiles, windows. driveways, sidewalks. or pool cecks, and (c) 226 cracked roof tiles. curling or worn shingles. or limited roof life shall not be consdareddefects Seller must repair or replace so long 3s there is no 227 evidence of actual leaks or leakage or structruat damage• but missing Ides wd :e Seller's responsibility to replace or repair 228 O. RISK OF LOSS: It the Property is damaged by fire or other casually be'ore closing and cost of restoration does •pt exceed 3% o' the 229 assessed valuation of the Property so damaged, cost of restoration shall be an obligation of Seller and closing shall proceed pu'suant to the 230 terms of this Contract with restoration costs escrowed at closing If the cost of restoration exceeds 3% of the assessed va _alion of the 231 Property so damaged. Buyer shall have the option of either taking the Prope•:y as is. together with either the 3% or am msura+ce proceeds 232 payable by virtue of such loss or damage, or of canceling this Contract and receiving return of the deposit(s). 233 P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been 234 furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render 235 Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually 236 acceptable escrow agent for a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable. through no fault of 237 Buyer, Buyer shall, within the 5 -day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such 238 notification to cure the defect. If Seller fails to timely cure the defect, all deposits) and closing funds shall, upon written demand by Buyer and 239 within 5 days after demand, be returned to Buyer and, simultaneously with such repayment. Buyer shall return the personal property, vacate the 240 real property and teconvey the Property to Seller by special warranty deed and bill of sale It Buyer fails to make timely demand for refund. Buyer 241 shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties 242 contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements 243 of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over 244 contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that It will not 245 withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer mortgagor. The escrow and closing procedure 248 required by this Standard shall be waived if the title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended 247 O. ESCROW: Any escrow agent ("Agent') receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them 248 promptly, hold same in escrow and. subject to clearance, disburse them in accordance with terms and conditions of this Contract Failure of 249 funds to clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent 250 may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgement 251 of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having 252 jurisdiction of the dispute Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to 253 the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will Comply with provisions of 254 Chapter 475. F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because or acting as Agent hereunder, of in any 255 suit wherin Agent interpleads the subject matter of the escrow. Agent shall recover reasonable attorney's lees and costs incurred with these 256 amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The 257 Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is due to 258 willful breach of the provisions of this Contract of gross negligence of Agent. 259 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing 260 party in such litigation, which, for purposes Of this Standard, shall Include Seller, Buyer and any brokers acting in agency of nonagency 261 relationships authorized by Chapter 475. F S . as amended, shall be entitled to recover from the non -prevailing Darty reasonable attorney's lees, 262 costs and expenses. 263 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits. the 264 deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon 265 liquidated damages. consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seiler shall be 266 relieved of all obligations under this Contract. or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract If 267 for any reason other [ham failure of Seder to make Seller's title marketable a'rer J,Iigem effort. Seller fails neglects or re'.ses I: oerform :h,s 268 Contract, Buyer may see+ Spec' -c performance or elect to receive :he re'_'n of B,.rer's oepos�tlsl without thereby wa ring a'. actio,,, for 289 damages resulting from Seller's breach. 270 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded In any public 271 records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular 272 shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that 273 party. 274 U. CONVEYANCE: Seller shall convey title to the real property by statutory warranty, trustee's, personal representative's or guardian's deed as 275 appropriate to the status of Seller, subject only to matters contained in Paragraph V ll and those otherwise accepted by Buyer. Personal property 276 shall, at the request of Buyer, be transferred by an absolute bill of sale with warranty of title. subject Only to such matters as may be otherwise _ 277 provided for herein. 278 V.OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this 279 Contract. No modification to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or 2ao parties intended to be bound by it. 281 W. WARRANTY: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily 282 observable by� Buyer or which have not been disclosed to Buyer B uyef f' J (_j) and Seller (�✓ 111--11 ] acknowledge receipt of a COPY of this page. _ FARIBAR-5 Rev 6198 COPYRIGHT 1999 THE FLORIDA BAR AND THE FLORIDA ASSOCIAI ION OF REALTORS& This form Is licensed for use with FoaTnulatnrw Forms Software by ISG McAllister Pubbsning. Inc 800-336-1027