HomeMy WebLinkAbout2015-178AMENDMENT TO AGREEMENT TO PURCHASE, SELL AND LEASE
REAL ESTATE BETWEEN RANDY AND LINDA KURPIL AND INDIAN RIVER COUNTY
This Amendment to Agreement to Purchase, Sell and Lease Real Estate ("Amendment")
is made and entered into the 15 day ofseptemba15 by and between Indian River County,
political subdivision of the State of Florida ("County") and Randy and Linda Kurpil ("Sellers") who
agree as follows:
WHEREAS, the County and the Sellers entered into an Agreement to Purchase, Sell and
Lease Real Estate on May 4, 2010; and
WHEREAS, during the course of the 66th Avenue Improvement Project, the County -had
to increase the elevation to the east of the Kurpil property and construct a stormwater retention
pond to the north of the Kurpil property; and
WHEREAS, these changes in elevations may have affected historic drainage in and
around the Kurpil property; and
WHEREAS, the parties agree to amend the May 4, 2010 Agreement in order to address
unforeseen problems associated with the 66th Avenue Improvement Project,
NOW THEREFORE, in consideration of the mutual terms, conditions, promises and
premises hereinafter, County and Sellers agree to amend the agreement as follows
1 The above recitals are affirmed as being true and correct and are incorporated herein
2. The County or its subcontractor for the 66th Avenue Improvement Project will install a
type "C" buffer as described and depicted in exhibit "A" attached along the 311 foot
east side of the Kurpil property adjacent to 66th Avenue. Due to space constraints, the
buffer may not span the full 15 foot width as depicted in the exhibit. The buffer will be
planted on County property and shall be irrigated and maintained by the County. The
approximately 104 shrubs (arbicola) will be planted 36 inches on center and
approximately 16 trees (ligustrum) will be planted 20 feet on center.
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3. The County has inspected the fence that was taken down priorto beginning of the
jectforao|idnassandfoundithobeinonoatisfoctorycondibunandunab|ebzbere-
installed. The County or its contractor will replace and install 311 linear feet of three
board wooden fence at the County's expense along the east side of the Kurpi|'n
property on the Kurpirs property.
4. The County will place two dump truck loads of fill on the north side of the pond. This
dirt will be placed at a point to be established by the Kurpils with a stake to mark the
point. The Kurpils shall be responsible to grade the dirt. The graded area wilI be
sodded by the County.
5. The County or its contractor has graded and sodded a swale along the south property
line of the County stormwater property. The swale will be constructed so that water
will drain from east to west to the swale located along the western edge of the Lateral
A subdivision property. The existing swale on the north western portion of the KurpiI
property will be fi||ed(nandsmddedbytheCouUtyoritsoontroctor.
6. In the event that the drainage pipe along 67th Avenue (west side of the Kurpfl property)
is too small and/or the existing drainage swale along the west side of the Kurpil
property needs to be re -graded, the pipe shall be upsized and/or the swale regraded
These tasks shall be performed by the County or its contractor at the County's
expense.
7. The County or its contractor will install an outfall pipe from the Kurpil pond to the swale
along the south edge of the County stormwater property. The disturbed area will be
sodded following installation of the pipe. This work shall be done at the County's
expense.
8. The County or its contractor will move dirt from the southeast area of the pond and
restore the bank and cover the bare soil with sod
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9. The Sellers will sign the attached Temporary Construction Easements to allow the
County on the property to perform the above cited tasks.
10 By separate document, the County and the Sellers will enter to a Lease Agreement for
the remainder of the County stormwater retention pond property generally depicted on
Exhibit "C", taking into consideration the following conditions
1. The Lease shall be for a term not to exceed 15 years
2. The Lease shall contain a termination clause whereby the County or the Sellers
could terminate the lease with a 90 -day notice to the other.
3. The Lease cannot be assigned by any party without written permission of the other
party.
4. The Sellers shall be permitted to use this property for their personal use only No
structures or vehicles of any type may be placed on the property.
5. Fencing may be permitted on the property upon proper permitting and approval in
advance by the County.
6. The Sellers shall be wholly responsible for maintenance of the property to the
County's code requirements.
7. The Sellers shall be permitted to put horses to graze and have a facility for water
on the leased property. Water shall be the only other improvement allowed on the
property besides fencing.
8. The Kurpil's shall add the leased premises on to their policy of homeowner's
insurance and add the County as an additional insured, supplying the County with
proof thereof.
9. It is intended that the lease for this non -buildable lot is entered into in consideration
of further damages experienced by the Sellers as a result of the 66th Avenue
Project.
Signatures on the following page.
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IN WITNESS WHEREOF, the parties hereto have approved and executed this
Amendment, to become effective as of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA • ...........
...... .;7457%,
e0:•••• •••
Z:
Wesley S. Davis, Chairman
so
to.
BY:
Date BCC Approved: s‘ipi-perinp.,-
Attest: Jeffrey R. Smit Clerk of Court
arid Comptroller
By:
SELLERS
IEC, Randy Kurpil
• ..
...... ..... ••• Lin Kuripil
Deputy Cierk
Approved:
111) vi) L
A 0/1t
("Jose h A. Baird dam K. DeBraal
County Administrator Deputy County Attorney
Approved as to
su y:
4
Ch. 926
Supp. No. 64
INDIAN RIVER COUNTY CODE
0
csi
TYPE C BUFFER
CANOPY TREES
LARGE. = 18' IN HEIGHT 4" DBH
SMALL = 12' IN HEIGHT 2" DBH
UNDERSTORY TREES
SHRUBS
20 FOOT DEEP
CANOPY TREES =
1 LARGE
3 SMALL
TOTAL = 4
UNDERSTORY = 4
SHRUBS = 40
15 FOOT DEEP
CANOPY TREES =
1 LARGE
3.5 SMALL
TOTAL = 4.5 (5)
UNDERSTORY = 5
SHRUBS = 40
926/24
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Indian River County GIS
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88
3239190000000000002A,
ParcelID
OwnerName
32391900002000000002 0 INDIAN RIVER COUNTY 4620 67TH AV VERO BEACH. FL 32967
Notes
PropertyAddress
http://wwm.ircpa.org/PrintMap.aspx
9/8/2015
LEASE AGREEMENT
This lease entered into on this 15th day of September , 2015
by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, a political subdivision of the State of Florida, hereinafter called the
"Landlord", and RANDY AND LINDA KURPIL, hereinafter called the "Tenant", in
consideration of the mutual promises and agreements set forth below, hereby agree
as follows:
WITNESSETH:
1. PROPERTY AND TERM. The Landlord hereby leases to the Tenant the
property situated thereon, the western two acres (approx.) located at 4620 67th
Avenue, Vero Beach in the County of Indian River, Florida, more particularly
described as follows:
See Exhibit "A" attached hereto.
for a term of fifteen years commencing September 1, 2015 and terminating on
August 31, 2030. It is intended that the lease for this non -buildable lot is entered
into in consideration of further damages experienced by the Sellers as a result of
the 66th Avenue Project.
1.1 Extension of Lease. This lease shall not be extended beyond the
stated term unless agreed upon in writing by the Board of County Commissioners.
1.2 Termination of Lease by Tenant or Landlord. Tenant may opt out
of this lease anytime during the lease period by providing written notice to Landlord
as such. Landlord may terminate this lease at any time by providing ninety (90) days
written notice to Tenant.
1.3 Assignment or Subleasing. The Lease cannot be assigned or sublet
by tenant without written permission of the Landlord.
2. USE OF PREMISES. During the term of this Lease, the Tenant shall use the
leased premises for a grazing area for horses and for no other purpose. Tenant
shall not use the premises, or any part thereof, or permit the same to be used for any
illegal, immoral, or improper purposes; not to make, or permit to be made, any
disturbance, noise, or annoyance whatsoever detrimental to the premises or the
comfort and peace of the inhabitants of the vicinity of the premises.
2.1 Improvements. Tenants may make the following improvements to
the Leased Premises: Construction of fencing upon the property with proper
permitting and approval in advance by the Landlord. Providing for a facility for water
for the horses with approval in advance by the Landlord. (no covered structures or
wells shall be permitted)
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2.2 Personal use only. Tenant shall be permitted to use this property for
their personal use only. No structures or vehicles of any type may be placed on the
property.
3. PROPERTY LEASED "AS IS". Tenant agrees that the property is being
leased "as is" and that Landlord makes no warranty or guarantee of the condition of
the property or any of the improvements. Tenant has examined the premises and
has determined that the premises are suitable for Tenant's purposes.
4. COMPLIANCE OF LAW. Tenant shall comply with all of the laws, rules,
ordinances, and regulations of the County, State and Federal Governments, and
agencies regarding the use of the leased premises. Violation of any law, rule,
ordinance or regulation may result in immediate termination of this lease.
5. MAINTENANCE AND REPAIRS. The Tenant agrees to perform all
maintenance together with repairs to any fencing or horse watering improvements
installed by Tenant to the leased premises and agrees to keep said premises in a
safe, clean and attractive condition during the term of this Lease. No trees (except
for exotic species) may be removed without prior County permission. Upon the
expiration/termination of the Lease, the Tenant shall surrender the premises quietly
and peaceably in substantially the same condition as it was at the outset of this
Lease, reasonable wear and tear and damage by the elements excepted.
6. HOLD HARMLESS. The Tenant agrees to hold harmless and indemnify
Landlord from any liability which may arise from the Tenant's use of the leased
property.
7. INSURANCE: The Tenant shall carry the following insurance coverage and
shall furnish the Landlord a certificate of said coverage.
7.1 INSURANCE:Tenant agrees to keep and maintain at all time during
the lease term, at Tenant's expense, an insurance protecting Landlord
against damage to the part taken, and a general liability policy protecting
Landlord against all claims and demands that may arise or be claimed on
account of Tenant's use of the premises in an amount of at least $200,000.00
for individual injuries and $300,000.00 per occurrence. The policy shall be
written by a carrier licensed to do business in Florida.
7.2 SPECIAL REQUIREMENTS: Ten days prior to the commencement of
tenancy, a certificate of insurance shall be provided to the Risk Manager for
review and approval. The certificate shall provide for the following:
Indian River County shall be named as an "Additional Insured" on the general
liability policy.
Indian River County will be given thirty (30) days' notice prior to cancellation
or modification of any stipulated insurance. Such notice shall be in writing by
certified mail, return receipt requested, and addressed to the Risk Manager.
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8. MAINTENANCE. Tenant agrees to mow grass and maintain the
landscaping and shrubbery.
9. RIGHT TO INSPECT. The Landlord may inspect the leased premises at all
reasonable hours to insure the premises is being properly maintained and kept in
good condition.
10. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or
litigation over the terms and conditions of this Lease, the prevailing party shall be
entitled to all attorney's fees, costs and suit money expended to resolve that dispute.
11. NOTICE. Any notices which are required, or which either party may desire to
serve upon the other, shall be in writing and shall be deemed served when hand
delivered, or when actually received via U.S. Mail, postage prepaid, return receipt
requested, addressed to Tenant at:
Randy and Linda Kurpil
4560 67th Avenue, Vero Beach
Vero Beach, Florida 32967
Such notices to Landlord shall be addressed as follows:
Board of County Commissioners of Indian River County
Attention: Public Works Director
1801 27th Street
Vero Beach, Florida 32960
These addresses may be changed by either party by providing written notification to
the other.
12. VIOLATION OF TERMS OF LEASE. If Tenant violates any of the covenants
and conditions of this lease, then the Tenant shall become a Tenant at Sufferance,
and in the event Tenant is evicted by suit at law, Tenant agrees to pay to Landlord
all costs of such suit including a reasonable attorney's fee; that no assent, expressed
or implied, to any breach of one or more of the covenants and agreements shall be
deemed to be a waiver of any succeeding or other breach. "
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IN WITNESS WHEREOF, we, the Landlord and Tenant, hereunto affixed our
hands and seals at Vero Beach, Indian River County, Florida, the day and year first
above written.
ATTEST:
Jeffrey R. Smith
Clerk of Cou a ► • Comptro
By:
Deputy " I= k
Witnessed by:
signature: N/A
printed name: N/A
signature: N/A
printed name: N/A
BOARD OF COUNTY COMMISSIONERS .,,,,y Yry
OF INDIAN RIVER COUNTY, FLORIDA��,:#.,
Wesley S. Davis, airman
By:
By:
Li a urpil
APPROVED AS TO FORM
AND LEGAL SU FI N
WILLIAM K. DED AL
DEPUTY COUNTY ATTORNEY
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OwnerName
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Notes
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9/8/2015