HomeMy WebLinkAbout2015-181AGREEMENT TO PURCHASE AND SELL REAL ESTATE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of September' 22 , 2015, by and between Indian River
County, ("County"), a political subdivision of the State of Florida, whose address is 1801
27th Street, Vero Beach, FL 32960; and Set MaVjC o (' l//1 LL
' V(bu's full name
dis 421/ OV A//4e-4 fogilcG4F-/ 3^ 4 C
(city) ' (state) (zip)
(buyer's address)
("Buyers"), who agree as follows:
1. Agreement to Purchase and Sell. The County hereby agrees to sell to the Buyers,
andtheBuyers hereby agrees to purchase from County, upon the terms and conditions set
forth in this Agreement, that certain parcel of real property located at 2605 53! Avenue
Vero Beach, FL 32966 and more specifically described on Exhibit "A" attached hereto and
incorporated by reference, containing approximately 0.28 acres, and all improvements
thereon, together with all easements, rights and uses now or hereafter belonging thereto
(collectively, the "Property").
2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the
Property shall be S -'X / j/d 00/00 Dollars
(i -(written purcha a price)
($ 60DO'D .00). The Buyer has paid and the County acknowledges receipt of a
cashier'/s check in the amount of one thousand ($1,000 00) that is currently being held in
escrow by the County (Escrowed Funds). The balance of the Purchase Price shall be paid
on the Closing Date. The Effective Date of this Agreement shall be the date upon which
the County approves the execution of this Agreement, either by approval by the Indian
River County Board of County Commissioners at a formal meeting of such Board or by the
County Administrator pursuant to his delegated authority.
3 Title. County shall convey marketable title to the Property by County Deed free of
claims, liens, easements and encumbrances of record or known to County; but subject to
.property taxes for the year_ of Closing and covenants, restrictions and public utility
easements of record -provided (a) "there exists at Closing no violation of any of the
foregoing; and (b) none of the foregoing prevents Buyer's intended use and development
of the Property ("Permitted Exceptions").
4 Representations of the County.
4 1 County is indefeasibly seized of marketable, fee simple title to the Property, and is
the sole owner of and has good right, title, and authority to convey and transfer the
Property which is the subject matter of this Agreement, free and clear of all liens and
encumbrances
4.2 From and after the Effective Date of this Agreement, County shall take no action
-I-
0
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which would impair or otherwise affect title to any portion of the Property, and shall record
no documents in the Public Records which would affect title to the Property, without the
prior written consent of the Buyers.
4.3 There are no existing or pending special assessments affecting the Property, which
are or may be assessed by any governmental authority, water or sewer authority, school
district, drainage district or any other special taxing district.
5. Default.
5.1 In the event the Buyers shall fail to perform any of its obligations hereunder, the
County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the Buyers at or prior to the Closing Date -and thereupon retain the Escrowed
Funds as liquidated damages Neither the County nor any other person or party -shall have
any claim for specific performance, damages, or otherwise against the Buyers; or (ii) waive
the Buyer's default and proceed to Closing.
5 2 In the event the County shall fail to perform any of its obligations hereunder, the
Buyers shall, at its sole option, be entitled to terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Buyers
nor any other person or party shall have any claim for specific performance, damages or
otherwise against the County; or (ii) waive the County's default and proceed to Closing.
6 Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 30 days following the Effective Date of this Agreement. The parties
agree that the Closing shall be as follows:
(a) The County shall execute and deliver to the Buyers a County Deed conveying
marketable title to the Property, free and clear of all liens and encumbrances and in the
condition required by paragraph 3.
(b)- The -County -shall -have rcmovod all of its personal prnrarty and Aqi iipmPnt from tha
Property and the County shall deliver possession of the Property to Buyers vacant and in
the same or better condition that existed at the Effective Date hereof.
(c) If County is obligated to discharge.any encumbrances at or prior to Closing and fails
to do so, Buyers may use a portion of Purchase Price funds to satisfy the encumbrances.
(d) If the County is a non-resident alien or foreign entity, County shall deliver to the
Buyers an affidavit, in a form acceptable to the Buyers, certifying that the County and any
interest holders are not subject to tax under the Foreign Investment and Real Property Tax
Act of 1980.
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(e) The County and the Buyers shall each deliver to the other such other documents or
instruments as may reasonably be required to close this transaction.
6.2 Taxes All taxes and special assessments which are a lien upon the property on or
prior fo the Closing Date (except current taxes which are not yet due and payable)
shall be paid by the County.
7. Closing Costs; Expenses. Buyers shall be responsible for preparation of all Closing
documents
7.1 Buyers shall pay the following expenses at Closing:
7.1.1 The cost of recording the warranty deed ,and any release or satisfaction
obtained by County pursuant to this Agreement. 1�
7.1 2 Documentary Stamps required to be affixed to the warranty deed.
7.1.3 All costs and premiums for the owner's marketability title insurance
commitment and policy, if any.
7 1.4 Current taxes which are not yet due and payable I'
7.2 County shall pay the following expenses at or prior to Closing:
7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the
Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
8. Miscellaneous.
8 1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida Venue shall be in Indian River Buyers for all state
court matters, and in the Southern District of Florida for all federal court matters.
8.2 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or
oral, between the County and the Buyers relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
8 3 Assignment and Binding Effect. Neither Buyers nor County may assign its rights
and obligations under this Agreement without the prior written consent of the other party.
The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto
and their successors and assigns.
8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by
certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile
transmission, as follows.
If to Buyers:
If to County -
buyer's full name:
Address:
City, State, Zip:
Phone: •
Email:
A<'1'!�1l�'��C or v6t
TO/s- i9n r'i'L� C.4.✓.� 224
V k--0 r5ea C -GI ; ( 3 G
(77i) S67- ors -
4 -,41,--k. �% /Y-CiGi IIC. co --01
Indian River County Attorney's Office
1801 27th Street
Vero Beach, FL. 32960
Phone: 772-226-1426
bdebraal@ircgov.com
Either party may change the information above by giving written notice of such change as
provided in this paragraph.
8.5 Survival and Benefit. Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith, shall
survive the Closing Date and the consummation of the transaction provided for herein.
The covenants, agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto, its successors
and assigns, and are not made for the benefit of, nor may they be relied upon, by any other
person whatsoever.
8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees, costs, and expenses.
8.7. Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall_ constitute an original
8.8. County Approval Required. This Agreement is subject to approval by the Indian
River County Board of County Commissioners as set forth in paragraph 2.
9.0 Property is Being sold "Where Is, As Is" The County makes no guaranty or
warranty as to the Property or any of its str ctures or their contents. The sale is not
contingent upon buyer obtaining financing 1i is n •t'contingent upon a satisfactory
inspection report. Buyer's Initials
�r� r�, Buyer's initial
ie
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
the date first set forth above.
Buyer:
B
/Print Name:
By .i
Print Name. Ffitgotzte,k1- Aveo2.
INDIAN RIVER COUNTY, FLORIDA
BOARDF COUNTY COMMISSIONERS
B
Wesley S. Davis, Chairman
Date BCC Approved: �PterobPr �� , 2015
Date Signed by Buyer: 9/741/s _ Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
Approved as to form and legal
sufficiency.
William K. DeBraal
Deputy County Attorney
;Zo9LRi 1 �`
••1`-RCOut16•
By
Deputy Clerk
�� �OAIM�SS
it ti
LEGAL DESCRIPTION: REMAINDER OF LOT 1
A PORTION OF LOT 1, BLOCK G, OF DODGERTOWN SUBDMSION, AS RECORDED IN
PLAT BOOK 3, PAGE 49, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; SAID LAND LYING IN SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE RUN N00'00'00"E,
ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 25.00 FEET TO A POINT ON
THE PROPOSED NORTH RIGHT OF WAY .UNE OF 26TH STREET FOR A POINT OF
BEGINNING; THENCE CONTINUE N00'00'00"E A DISTANCE OF 95.70 FEET TO THE
NORTHWEST CORNER OF SAID LOT 1; THENCE DEPARTING THE WEST LINE OF SAID
LOT 1, RUN N89'30'00"E, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF
130.40 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT ALSO LYING
ON THE WEST RIGHT OF WAY LINE OF 53RD AVENUE (70 FOOT WIDE RIGHT OF
WAY); THENCE DEPARTING SAID NORTH LINE RUN S00'08'33"E, ALONG THE EAST LOT
LINE OF SAID LOT 1 AND SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 70.60
FEET TO A POINT ON THE PROPOSED NORTH RIGHT OF WAY LINE OF 26TH STREET;
THENCE DEPARTING THE EAST LINE OF SAID LOT 1 AND SAID WEST RIGHT OF WAY
LINE, RUN 544'39'14"W A DISTANCE OF 35.48 FEET; THENCE RUN S89'27'00"W,
ALONG SAID PROPOSED NORTH RIGHT OF WAY LINE, SAID LINE BEING PARALLEL
WITH THE EXISTING NORTH RIGHT OF WAY LINE OF 26TH STREET, A DISTANCE OF
105.64 FEET TO THE POINT OF BEGINNING.
CONTAINING: 0.28 ACRES (12,170 SQUARE FEET), MORE OR LESS.
SURVEYOR'S NOTES:
1. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF
THE STANDARDS OF PRACTICE ESTABLISHED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE
CODE.
.3. THIS SKETCH OF DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS,
RESTRICTIONS, RESERVATIONS, OR RIGHT OF WAYS NOT SHOWN, BUT MAY BE FOUND IN
THE PUBUC RECORDS OF INDIAN RIVER COUN74`;'tFLORIDA.
4. THE
PISSHOWN
ARE
UUF11
a` t LOT B
G,
OFTHELATOFDODGERTOWN BDMSUN fkAT'yl� UM �EARINGOOF
N00r00'00"E. :: 46,�►'..,.1.
..; �' •.-
`y• • 17-10 .•1r„s a N
oft,tr A:
CERTIFICATION 'f.41.4t:.:4.7 ▪ g.
S VEYOR IANDMAPPER IN RESP( ST ^ �' V. r:i
DAVID M. SILON P.S.M. `'":a+` . :":'-
FLORIDA REGISTRATION No. 6.1491.� ;. >..,, ,e. t :',-::. ;
INDIAN RIVER ASSISTANT COUNTY 'SURVEYOR 'i�'21 `' 7' "
NDIAN RIVER COUNTY ADMINISTRATION BUILDING
1801 27th STREET
VERO BEACH, FL 32960
(772) 587-8000
D:
COR. -CORNER
I.R.F.W.C.D.=INDIAN RIVER FARMS WATER
CONTROL DISTRICT
L -ARC LENGTH
0.R.8. -OFFICIAL RECORDS BOOK GRAPHIC SCALE
P.B.-PLAT BOOK
P.I.O.-PARCEL IDENTIFICATION PER PROPERTY APPRAISER
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
P.S.M.-PROFESSIONAL SURVEYOR AND MAPPER
R -RADIUS
R/W-RICHT OF WAY
0 30 50
10
Ig
IU
P.O.B.
N00'00'00'E
25.00'
P.O.C.
SW COR., LOT 1
is
LOT 2
DODGERTOWN
SUBDIVISION
'BLOCK G'
P.B. 3, PG. 49
0.40'
5' PUB 30' TILIrr 5 PUBLIC UTILITYEASEMENT PERf/'LiNL/P.B. 3, PG. 49y•
0T 1�
( IN FEET
.iii•
A
NOAININGt
+/- 0.28 ACRES
(12,170 SQ. FT )
PROPOSED N.
R/W / LINE
S89'27'00"W 105.64'
i . EXISTING N.
A R/W LINE
W
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7
4
w
e
bcD
o
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N 3
Z _
w
Q
•ADDITIONAL R/W O
(SEE SEPARATE v.) t
INSTRUMENT) L )
3
- -�589'27'004W
26th STREET
I.R.F.W.C.D.
SUB—LATERAL
'A-3' CANAL
THIS IS NOT A BOUNDARY SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
/NO/AA'*R%VER COUNTY
De,Oor/meni of Pub/lc Works
EngIneering Division
DRAWN BY:
D.S/LON
APPROVED 8Y:
O.S/ZON
SECTION 33
TOWNSHIP 32S.
RANGE 39E.
SKETCH OF D£SCR/PT/ON
REA/A/NDER OF LOT 1, 'BLOCK G'
DODGERTOWN SUED/V/S/ON
f
SHEET
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