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HomeMy WebLinkAbout2003-194A , /•f d THE CONSERVATION FUND 224 DATURA STREET, SUITE 209 WEST PALM BEACH, FLORIDA 33401 (561 ) 832-7665 FAX (561 ) 832- 8102 August 6 , 2003 Joseph A . J . Baird Assistant County Administrator Indian River County 184025 1h Street Vero Beach , Florida 32960 Re : Kroegel Homestead Project Letter Agreement Dear Mr. Baird : This letter outlines our mutual understanding regarding the Agreement between Indian River County (the "County") and The Conservation Fund Charitable Trust, acting through The Conservation Fund ( "Consultant") , regarding the acquisition of lands known as the Paul Kroegel Homestead Tracts , specifically the parcel known as the "Aunt Freda" parcel (the "Property" ) . The Consultant will assist the County in the acquisition of the Property . The Consultant ' s duties shall include : • Serving as the primary contact with the landowner ; • Coordinating with the County , the US Fish and Wildlife Service and the Florida Communities Trust program ( "FCT") regarding the preparation of real estate appraisals ; • Drafting and negotiating the contract for purchase of the Property in coordination with the County and FCT ; • Assisting with securing title commitments , environmental assessments and other tests , investigations and studies deemed necessary by the County to perform adequate due diligence prior to the acquisition of the Property . All such items will be acquired at the expense of the County or the Seller ; and, • Generally assisting with negotiating and closing on the purchase and sale of the Property . Upon execution of this Agreement, the County shall : • Provide the Consultant with the County ' s policies and procedures for land acquisition and a copy of the FCT grant application , and a map of the lands to be acquired ; • Be responsible for compliance with the terms of the FCT grant agreement ; • Be responsible for obtaining all necessary funds for the acquisition of Property , and all direct and incidental costs such as due diligence items associated with the purchase of the Property . The Consultant shall promptly commence performance of the services described herein upon receipt of the counter- signed letter agreement and receipt of the information to be provided to the Partners in land and water conservation www. conservationfund. org low i' Consultant by the County described above . Unless otherwise terminated, this Agreement shall remain in full force and effect until such time as the Project is completed , or as earlier terminated by the parties . In consideration of the services to be performed by the Consultant under this agreement, the County shall pay to the Consultant a fee ( "Consulting Fee") , in the amount of $ 20, 000 , it being understood that the Consultant shall be responsible for any of its direct and out of pocket expenses . The payment of the Consulting Fee is contingent on closing of the Property and shall be paid by the County out of closing proceeds or upon submittal of an invoice by the Consultant to the County upon closing of the Property which will be paid within thirty ( 30) days after receipt by the County . This Agreement shall become effective when it has been executed by both parties . If this agreement accurately reflects your understanding, please sign below . Sincerely , r Elizabeth B . Dowdle , Vice President The Conservation Fund 4e netpi Oacht, Chai a ��� ' an River County Commission Ovnoei zoo 13y lapeG v/t z/b,3 &M M Ga Kforoved Doti Adrnlrt �s `Y Id legal w _ Z7� Budget Dept �l 3 Alslt Mgr.