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Home My WebLink About2001-004r • M The purchase price for the property shall be its fair market value. Fair market value shall be determined by the average of the values rendered by two separate MAI appraisals, one obtained by the Optionor, and the other obtained by the Optionee. The use of the property for which the fair market value shall be determined shall be "agriculture", for citrus production or citrus -like production. The Optionor agrees that fair market value shall not include a consideration for severance damages or business damages as those terms are used in eminent domain proceedings. Further, Optionor agrees that Optionor shall not be compensated for the loss of, the relocation of, and/or the destruction of any improvements existing on the property at the time the option is exercised. The term of the option shall be 25 years. However, the Optionee shall have the right to extend the option for an additional 15 years, The option shall be exercised by Optionee delivering to Optionor written notice of such exercise on or before the expiration date of the option or the extended option, as the case may be, To extend the option, the Optionee shall deliver to the Optionor written notice of "`I Optionee's election to extend no later than the last day of the initial option, �► Anything herein. to the contrary notwithstanding, Optionee agrees that tis] Optionor has not waived its right to make application to the Optionee for amendment co to the Comprehensive Land Use Flan to delete the future extension of this road right- of -way from the Thoroughfare Plan; and further, the Optionee agrees that in the CO THI NCORcs of J JIFFREYK, BARTON DOCUMENTARY STAMPS ��RlCii.OURT �lU PreparedhyawiMwtla DEED$ .'i � Ralph L. S"" FP.Aire ] NOTES Stewart & Evanx. P.R. 3355 ocean Drive JEFFREY K. IIARYON. CLERK Vero Beach, FL 32583 coutthouae Box 980 INDIAN RIVER COUNTY P CO J OPTION TO PURCHANE REAL PROPERTY row W N The undersigned QUAIL VALLEY CLUB, LLC., 2801 Ocean Drive, Suite 201B, Vero Beach, Florida, hereinafter referred to as "Optionor" hereby acknowledges receipt of the sum of $10.00 and other good and valuable consideration from the County of Indian River, Florida, 1840 25'h Street, Vero Beach, hereinafter referred to as "Optionee". o. c , In consideration therefor, and the mutual covenants hereinafter expressed, the Optionor hereby grants to the Optionee the exclusive option to purchase, for the x� r) price and on the terms and conditions hereinafter set forth, the following described W real property located in Indian River County, Florida, to wit: � w SEE EXHIBIT "A" ATTACHED The purchase price for the property shall be its fair market value. Fair market value shall be determined by the average of the values rendered by two separate MAI appraisals, one obtained by the Optionor, and the other obtained by the Optionee. The use of the property for which the fair market value shall be determined shall be "agriculture", for citrus production or citrus -like production. The Optionor agrees that fair market value shall not include a consideration for severance damages or business damages as those terms are used in eminent domain proceedings. Further, Optionor agrees that Optionor shall not be compensated for the loss of, the relocation of, and/or the destruction of any improvements existing on the property at the time the option is exercised. The term of the option shall be 25 years. However, the Optionee shall have the right to extend the option for an additional 15 years, The option shall be exercised by Optionee delivering to Optionor written notice of such exercise on or before the expiration date of the option or the extended option, as the case may be, To extend the option, the Optionee shall deliver to the Optionor written notice of "`I Optionee's election to extend no later than the last day of the initial option, �► Anything herein. to the contrary notwithstanding, Optionee agrees that tis] Optionor has not waived its right to make application to the Optionee for amendment co to the Comprehensive Land Use Flan to delete the future extension of this road right- of -way from the Thoroughfare Plan; and further, the Optionee agrees that in the 40 s 4P 4& event of any such application being made by the Optionor, the existence of this agreement shall not be used against it in arguing for the retention of an extension of this road right-of-way. Optionee agrees, and accepts this option with the understanding that it shall be exercised only for the purpose of acquiring the property for the construction of road right-of-way. Further, Optionee agrees that upon its acquisition of the property, the Optionor shall be entitled to not less than two (2) crossings by which the Optionor can traverse the right-of-way, either over or under it for the purpose of allowing golf carts and golf course maintenance type vehicles to get from one side of the right-of-way to the other, and the Optionee shall cooperate in facilitating the construction of these crossings during the construction of its road right-of-way and accommodate Optionor by granting any permits necessary for such crossings. Optionor shall convey to Optionee good and marketable title to the property herein described. Conveyance of title and transfer of possession to Optionee shall be executed within not less than 180 days after exercise of the option, During such period, title may be examined by Optionee by any method selected. Evidence of good title conveyed may be by a standard form title insurance policy issued by a qualified title insurer, the cost of which shall be borne by the Optionee. Optionor agrees to deliver the property in such condition that the vertical and horizontal profile of the proposed right-of-way shall be compatible with the Florida Department of Transportation Manual of Uniform S i n. 9 nstrucction ani Maintte a ce of Streets and Highway4 (DOT Green Book), as amended, and without the presence of wetlands or other environmentally sensitive lands within the alignment area. Optionee agrees that Optionee"s rights are wholly conditioned upon the following. Optionee having acquired sufficient right-of-way for what is now known as. 651h Street from U.S. highway 1 to the eastern boundary of the herein described property; AND 2. Optionee having acquired sufficient right-of-way for what would be the extension of what is now known as 651` Street right-of-way from the western boundary of the herein described property to what is now known as 82nd Avenue; AM - [.J --t 3. In all events, the option shall be exercised on or before the last day of ON the option or extended option, as the case may be, and failing such exercise, this option shall lapse, be void, and the Optionor shall be released from any further obligation hereunder. 4�0 %1D CD OPRON TO PuRr"MD NFAL PROM I� IN WITNESS WHEREOF, the Optionor and Optionee have set their hands and seals. Witness Ralph L. Evans All -1 q-L�1 Witness William G. Col ins, 11 STATE OF FLORIDA COUNTY OF INDIAN RIVER QUAIL VALLEY CLUB, I.I.0 Pinnacle Golf, LLC, it kIember By ptionor Stephen W. uivey. its Member The foregoing instrument was acknowledged before me this 4:?4 day of 200 by __SLaphen w mtI l vey , Member or Manager of QUAIL Glc, wha is�exsonally_known to me or provided a valid driver's license # as identification. M1 F �� I4ALPH l EVAF45 F M# Gomm Up 5l4?M3 w i'ufll�4' Fjp [C H(A116 R.rwuup Rnewn I I fMR l ly 5 Notax Public, State of Florida My commission expires INDIAN RIVER COUNTY COMMISSION BY: C a r o l i n e D. G i n Ii F Chairman BCC Approved: January 2, 2001 ATTEST,:,!) °7 By; ':CItIE oT�ie Board ntirnaa'. nl; . 3 opnou 7o rvpc oss KuL PRopEm EXHIBIT "Aso 65'h Street Optionor grants to the Optionee the right to purchase from within the hereinafter described property an 80' right-of-way, the location of which is to be mutually agreed upon between the Optionor and Optionee.. A parcel of land lying equally 75 feet to either side of the following described line through the following described property: 77te South line of the Northeast Quarter of Section 12, Township 32 South, Range 38 East, fncUan River County, Florida. Jess However, the East 200.00 Feet thereof. 4 uMOU TO PMCK&SE UJU, MODEM Talephona: (561) S67.9otlp 017rCE OF COUNTY ATTORNEY Paul G. Bangel` County Attorney William G. Collins U* Deputy County Attomey *Board Certified, City, Comity & Local Government Law BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Brach, .Florida 32960.3365 January 24, 2001 Ralph L. Evans, Esq. STEWART & EVANS, P.A. P. Q. Box 3345 Vero Beach, FI- 32964-3345 Re: Quail Valley, LI -C a- Right -Of -Way Options Dear Ralph: Enclosed for your records please find a copy of each of the following agreements: Is Option to Purchase Real Property (61'st Street), recorded on January 17, 2001 in Q.R. Book 1376 at Page 1981, Public Telephone: Records of Indian River County, Florida Extension 1424 e Option to Purchase Real Property (74th Avenue), recorded on January 17, 2001 in O.R. Book 1376 at Page 1985, 2224.14.14244 iPublic Records of Indian River County, Florida .4 • Option to Purchase Real Property (65th Street), recorded on Fax: January 17, 2001 in O.R. Book 1376 at Page 1989, Public (561) 5694317 Records of Indian River County, Florida e-mail: Also enclosed is Indian River County Warrant No. 0296098 In ircattom cy@bcc.co. the amount of $30.00 representing the $10.00 consideration for indian-riverAus each option. 40 40 4D S ate. of Florida County of Indian River 1840 251h Street Vero Reach, florida 32960 � E iul Union National Bank x;Date ar 4812O01 Na. 0296098 ':•,;s'EXACTLY *************3ODaLL.44SAMl OOCF_WS*** dl '�V' 172061 QUAIL vA1. EyctuB, Lr.c 28010CEuvDPJVE, sura 2018 VERO RF,4C11 FL 32963.0000 111o2gr3ogSiia i:or.7ioo6L.3t'i".2rr585Q39627YQii-