HomeMy WebLinkAbout2003-302 INDIAN RIVER COUNTY , FLORIDA
MEMORANDUM
TO : Kim Massung
Executive Aide
FROM : Roland M . DeBlois , A, ICP
Chief, Environmental Planning
THROUGH : William G . Collins II tx� v
Deputy County Attorney
DATE : November 6 , 2003
SUBJECT : Request of Commission Chairman Execution of Option Agreement :
ORCA South Link (Arendas) LAAC Site
Attached is an "Option Agreement for Sale and Purchase " (one original plus a copy to serve as a second
original for the seller) for Chairman Macht ' s signature relating to the ORCA South Link (Arendas) LAAC
Site . The seller, Stella A . Arendas (Trustee), has already executed the Options Agreement . Please note that a
number of lines are being deleted from the Option via pen strike-through, per County Attorney advisement
Please have the Chairman initial these strike-through revisions, in addition to the signatures.
On January 23 , 1996 , the Board of County Commissioners delegated authority to the Board Chairman to
execute option agreements (see attached resolution) .
It is important to note that the Board's January 1996 delegation of authority to the Board Chairman to sign
option agreements was done so because of State (and County Environmental Lands Program Guide)
confidentiality requirements . The procedure is such that once the Chairman executes the option, appraisals can
then be released for public information, and a public hearing can subsequently be scheduled for full County
Commission consideration . The Chairman's execution of the Option does not commit the County to the
purchase , but gives the County an option to buy contingent upon Board approval at an advertised public
hearing.
As such, I request that the Chairman sign the attached originals , and that the originals be returned to me . I will
then schedule a 30 day advertised public hearing at which the full Board will consider approval of the
purchase .
Thanks for your help . Please let me know if you have any questions (ext. 1258 ) .
cc : Robert Keating
F :\Community Development\Users\ROLAND\LAAC\ORCA South Link\Option sign memo . doc
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• M1 �Jt7TES EXCERPT' :
01 �23�9(o BGG
CHAIRMAN TO EXECUTE ENVIRONMENTAL LAND ACQUISITION
OPTIONS & PURCHASE AGREEMENTS WTI'H DEPOSITS
\ - NOT EXCEEDING $ 100
The Board reviewed a Memorandum of January 15 , 1996 :
TO : James E . Chandler
County Administrator
DSP BEAD CONCDRRENCZs
41
M . Feat , CP
Community Devel t Diopcmor
FROM : Roland K. DOBlois , CP
Chief , Environmental Planning
DATE : January 15 , 1996
RE : Request that the Board Authorize the Chairman to Execute
Environmental Land Acquisition Options and Purchase Agreement'
It is requested that the data herein presented be given formal consideration by
the Board of County commissioners at its regular meeting of January 23 , 1996 .
DESCRIPTION AND CONDITIONS
i�
Procedures adopted by the Board of County Commissioners for acquisition of
environmental land include confidentiality of appraisals . In accordance with
Section 125 . 355 of the Florida Statutes , appraisals can be released for public
information once an option agreement is executed between a seller and the County
or , if a purchase agreement is used ( rather than an optign ) , at least 30 days
prior to Board approval . This statute also provides for a 30 day public notice
and public hearing . For option agreements , this notice and hearing may occur at
either the time the option agreement is considered by the Board , or later at the
time of option exercise . For purchase agreements , the notice and hearing must
be held at the time of Board consideration of the purchase agreement .
Since acquisition agreements are often "geed by the landowner some days ( or
weeks ) before Board consideration , and because the time period after the seller
signs overlaps with the time period set . by the statute for public disclosure ,
staff seeks to establish a procedure to ensure that the sellers are legally bound
prior to public release of confidentialt; information . liven the intricacies of the
confidentiality statute , staff suggests that the best way to accomplish this is
for the Board to authorize the Chanson to execute options and purchase
agreements ( for a nominal fee or deposLA not exceeding $ 100 ) . This authority
would serve to bind a seller to the negotiated price and terms for a specific
time period , during which time appraisals could be released for Land Acquisition
Advisory Committee ( LAAC ) review and , subse�Miently , for Board final acquisition
approval .
For the Board ' s consideration , attached is a proposed resolution authorizing the
Chairman to execute options and purchase agreements .
ANALYSIS
Any option or purchase agreement executed under the requested authorization will
contain language that makes it clear to the seller that final County approval of
a land purchase is ultimately subject to Board approval ( which would occur at an
advertised public hearing ) . As previously explained, the utility of authorizing
the Chairman to sign the agreements is to bind the seller to negotiated price and
terms so that , in accordance with stats •' law, appraisals can be released for
Public review prior to the Board ' s final consideration of purchase approval .
CATION
Staff recommends that the Board of County commissioners approve the attached
resolution authorizing the Board Chairman to execute purchase options and
agreements relating to land acquisition , with cost of the option fee or deposit
not exceeding = 100 , whereby final acquisition under the executed option or
c
purchase agreement will ultimately be subject to Board appal ,
28
January 23 , 1996
MOTION WAS MADE by Commissioner Macht , SECONDED BY
Commissioner Tippin , to adopt Resolution No . 96 - 15
authorizing the Chairman of the Board of County
Commissioners to execute option agreements or
purchase agreements relating to land acquisition
where the cost of the option fee or deposit does not
exceed $ 100 and where final acquisition is subject
to approval by the Board of County Commissioners , as
recommended in the memorandum .
In response to Commissioner Eggert , County Attorney Vitunac
gave assurances that there were no negatives to this procedure and
it would actually be better because without it an option would have
to be signed by the full Board and that would look like a sale .
Commissioner Macht commented that a signature on an option
only freezes the price .
Commissioner Eggert understood the effect of the resolution ,
but was concerned that it might be misunderstood because of the
wording of the headline as compared to the wording in the body of
the document .
THE CHAIRMAN CALLED THE QUESTION and the motion
carried unanimously .
I
RESOLUTION NO . 96 - 15
A RESOLUTION OF THE INDIAN RIVER COUNTY , FLORIDA ,
AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY
COMMISSIONERS TO EXECUTE OPTION AGREEMENTS OR PURCHASE
AGREEMENTS RELATING TO LAID ACQUISITION .
WHEREAS , the electorate of Indian River County has voted in
favor of the issuance of general obligation bonds for the purpose
of financing the cost of acquiring environmentally significant land
in Indian River County ; and
WHEREAS , said land acquisitions , and other similar land
acquisitions , in many cases are preceded by a purchase agreement or
by the securing of an option to purchase ; and
WHEREAS , said acquisition agreements are binding on the seller
when accepted and paid for by the County ; and
WHEREAS , expeditious action is often necessary and this may be
achieved by authorizing the Chairman to execute option agreements
or purchase agreements for nominal amounts ,
NOW , THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY , FLORIDA that :
29
January 23 , 1996
The Chairman , or in the absence of the Chairman , the Vice -
Chairman , is authorized to execute on behalf of the County
Commission option agreements or purchase agreements to purchase
land where the cost of the option fee or deposit does not exceed
$ 100 dollars , and where final acquisition under such agreements is
subject to approval by the Board of County Commissioners .
The resolution was moved for adoption by Commissioner
Macht and the motion was seconded by Commissioner
T i p p i n and , upon being put to a vote , the vote was
as follows :
Chairman Fran B . Adams exp
Vice - Chairman Carolyn K . Eggert exp
Commissioner Richard N . Bird
Commissioner Kenneth R . Macht eta
Commissioner John W . Tippin pica
The Chairman thereupon declared the resolution duly passed and
adopted this 23 day of January 1996 ,
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER C!ODUNTY , FLORIDA
A By � Qit � `�7 CLQn��o
l-� Fran B . Adams
Chairman
JeJaBgrt , Cler$ ' C I
.�. i .c�coei�n . r.. j�
APPROVED A3 TO FORM ' t
AND LEGAL SUFFICIENCY
BY TERRENCE P. O'BRIEN
4 ST COUNTY ATTORNEY
AGREEMENTS WITH COUNCIL ON AGING
TRANSIT GRANT FUNDS TRANSFER
The Board reviewed a Memorandum of January 15 , 1996 :
TO : James Chandler
County Administrator
FRONz Robert M . Keating , AICP /�W
Community Development Director
DATE : January 15 , 1996
SUBJECT : REQUEST TO APPROVE AGREENE S BETWEEN INDIAN RIVER COUNTY
AND THE INDIAN RIVER C COUNCIL ON AGING FOR TRANSFER
OF TRANSIT GRANT FUND
It is requested that t data herein presented be given formal
consideration by the rd of County Commissioners at their regular
Meeting of January 2 , 1996 . .
DESCRIPTION CONDITIONS
In orde o obtain federal funding . for public transit services in
Zndi River County , the Board os . County Commissioners recently
10
ZJanuary 23 , 1996
Project/ parcel : Arendas; ORCA South Link
OPTION AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made this day of OLf , 2003 , by and between STELLA A.
ARENDAS , 190 Pinellas Lane, # 509 , Cocoa Beach , Florida, 32931 -5069 , as " Seller" , and INDIAN RIVER
COUNTY , ( County) , a political subdivision of the State of Florida, whose address is 1840 25 `h Street, Vero
Beach , Florida 32960 ( Purchaser or Local Government or County).
1 . GRANT OF OPTION . Seller hereby grants to Purchaser the exclusive option to purchase the real
property located in Indian River County, Florida, described in Exhibit " A " , together with all improvements,
easements and appurtenances ( "Property") , in accordance with the provisions of this Agreement. This Option
Agreement becomes legally binding upon execution by the parties but exercise of the option is subject to
approval by Purchaser and is effective only if the County, on behalf of Purchaser, gives written notice of
exercise to Seller.
2 . OPTION TERMS . The option payment is $ 100 .00 ( " Option Payment") . The Option Payment, in the
form of a County check, will be forwarded to Seller as soon as possible . The option may be exercised during
the period beginning with the Purchaser's approval of this Agreement and ending on January 30, 2004 ( " Option
Expiration Date"), unless extended by other provisions of this Agreement. In the event the Purchase Price (as
hereinafter defined in paragraph 3 . A) is not available by the Option Expiration Date, the period of exercise of
the option may be extended until such funds become available, not to exceed 30 days after the Option
Expiration Date, by written notice to Seller. The parties agree to use their best efforts to exercise the option
and close as soon as possible, even if prior to the Option Expiration Date, so long as all requirements of this
Agreement are fulfilled .
3 .A. TOTAL PURCHASE PRICE . The total purchase price ( " Total Purchase Price") for the Property is
THREE HUNDRED NINETY NINE THOUSAND and no/ 100 Dollars ($ 399,000 . 00) which, after reduction
by the amount of the Option Payment, will be paid by purchaser at closing to Seller or Seller' esignated agent .
-whe�eetgthe-,requirements -e , i �s The Total
Purchase Price is subject to adjustment in accordance with paragraph 3 .B . The determination of the final Total
Purchase Price can only be made after the completion and approval of the survey required in paragraph 5 . This
Agreement is contingent upon its approval , and consequent approval of the Total Purchase Price, by Purchaser.
Conveyance of the Property in fee simple from Seller to Purchaser will take place at the closing, in exchange
for the payments to be made by Purchaser to Seller at closing as set forth above in this paragraph 3 . A .
3 . B . ADJUSTMENT OF TOTAL PURCHASE PRICE . If, prior to closing, Purchaser determines that the
Total Purchase Price stated in paragraph 3 . A . exceeds the final County approved appraised value of the
Property, the Total Purchase Price will be reduced to the final County approved appraised value of the
Property. The County approved appraised value shall be the appraised value approved upon review by the
Florida Communities Trust (Florida Department of Community Affairs) (FCT) . If the final adjusted Total
Purchase Price is less than 100 % of the Total Purchase Price stated in paragraph 3 . A . because of a reduction
based on the final County approved appraised value of the Property, Seller shall, in his sole discretion, have the
right to terminate this Agreement and neither party shall have any further obligations under this Agreement. If
Seller elects to terminate this Agreement, Seller shall provide written notice to Purchaser of Seller-- s election to
terminate this Agreement within 10 days after Seller's receipt of written notice from Purchaser of the final
October 25 , 2001
Pale 1
County approved appraised value. In the event Seller fails to give Purchaser a written notice of termination
within the aforesaid time period from receipt of Purchaser= s written notice, then Seller shall be deemed to have
waived any right to terminate this Agreement based upon a reduction in the Total Purchase Price stated in
paragraph 3 . A.
4 . A . ENVIRONMENTAL SITE ASSESSMENT. The County may, at its expense and prior to the Option
Expiration Date, conduct an environmental site assessment of the Property that meets the standard of practice
of the American Society of Testing Materials ( " ASTM ") . The examination of hazardous materials
contamination shall be performed to the standard of practice of the ASTM, Practice E 1527 . For purposes of
this Agreement "Hazardous Materials " shall mean any hazardous or toxic substance, material or waste of any
kind or any other substance which is regulated by any Environmental Law, (as be, eia argg dp-T'r
44HM
4 . 13 . HAZARDOUS MATERIALS . In the event that the environmental site assessment provided for in
paragraph 4 . A . confirms the presence (or significant risk of the presence, as determined in Purchaser ' s sole
discretion) of Hazardous Materials on the Property, Purchaser, at its sole option , may elect to terminate this
Agreement and neither party shall have any further obligations under this Agreement
5 . SURVEY . The Purchaser may, at its cost, have the Property surveyed prior to exercise of the Option
( " Survey" ). The Survey shall meet any written standards for survey preparation and approval issued by the
FCT, and shall be certified to the County, the FCT, and the closing agent. If the Survey shows any
encroachment on the Property or that improvements intended to be located on the Property encroach on the
land of others, the same shall be treated as a title defect.
6. TITLE INSURANCE. Seller shall , at his sole cost and expense and at least 35 days prior to the
Option Expiration Date, furnish to Purchaser a marketable title insurance commitment, to be followed by an
owner's marketable title insurance policy (ALTA Form "B ") from a title insurance company, approved by the
Purchaser, insuring marketable title of the Purchaser in and to the Property in the amount of the Total Purchase
Price. Seller shall require that the title insurer delete the standard exceptions of such policy referring to : (a) all
taxes, (b) unrecorded rights or claims of parties in possession , (c) survey matters, (d) unrecorded easements or
claims of easements, and (e) unrecorded mechanics' liens.
DEFECTS IN TITLE. If the title insurance commitment or Survey furnished to Purchaser pursuant to
this Agreement discloses any defects in title that are not acceptable to Purchaser, Seller shall , within 90 days
after notice from Purchaser, remove said defects in title. Seller agrees to use diligent effort to correct the
defects in title within the time provided therefore. If Seller is unsuccessful in removing the title defects within
said time or if Seller fails to make a diligent effort to correct the title defects, Purchaser shall have the option to
either: (a) accept the title as it then is with no reduction in the Total Purchase Price, (b) extend the amount of
time that Seller has to cure the defects in title, or (c) terminate this Agreement, thereupon releasing Purchaser
and Seller from all further obligations under this Agreement.
8 . INTEREST CONVEYED. At closing, Seller shall execute and deliver to Local Government a
statutory warranty deed in accordance with Section 689 . 02 , Florida Statutes, conveying marketable title to the
Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and
other encumbrances, except for those that are acceptable encumbrances in the opinion of Purchaser and do not
impair the marketability of the title to the Property, nor its management for the purposes of the County
tober 25 , 2001
Page 2
environmentally sensitive lands acquisition program . The grantee in Seller's Warranty Deed shall be Indian
River County, a political subdivision of the State of Florida.
9 . PREPARATION OF CLOSING DOCUMENTS . Upon execution of this Agreement, Seller shall
submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as
required by Sections 286 . 23 , and 380 . 08 (2 ), Florida Statutes. Seller or his title agent shall prepare the deed
described in paragraph 8 of this Agreement; Seller's and Purchaser= s closing statement; the title, possession
and lien affidavit certified to Purchaser and title insurer in accordance with Section 627 . 7842 , Florida Statutes;
and, an environmental affidavit on forms provided by Acquiring Agency. All prepared documents shall be
submitted to the County for review and approval at least 30 days prior to the Option Expiration Date.
10 , PURCHASER REVIEW FOR CLOSING . Purchaser will approve or reject each item required to be
provided by Seller under this Agreement within 15 days after receipt by Purchaser of all of the required items.
Seller will have 15 days thereafter to cure and resubmit any rejected item to Purchaser. In the event Seller fails
to timely deliver any item, or Purchaser rejects any item after delivery, Purchaser may in its discretion extend
the Option Expiration Date accordingly.
11 . EXPENSES . Seller will pay the documentary revenue stamp tax and all other taxes or costs associated
with the conveyance. The Purchaser will pay the cost of recording the deed described in paragraph 8 of this
Agreement. The Seller will pay to record other recordable instruments which the title insurer or Purchaser
deem necessary to assure good and marketable title to the Property.
12 . TAXES AND ASSESSMENTS . All real estate taxes and assessments which are or which may
become a lien against the Property shall be satisfied of record by Seller at closing. In the event the Local
Government acquires fee title to the Property between January 1 and November 1 , Seller shall, in accordance
with Section 196 .295 , Florida Statutes, place in escrow with the county tax collector an amount equal to the
current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the
Property. In the event the Local Government acquires fee title to the Property on or after November 1 , Seller
shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and
payable by the county tax collector.
13 . CLOSING PLACE AND DATE . The closing shall be on or before 30 days after the option is
exercised ; provided , however, that if a defect exists in the title to the Property, title commitment, Survey,
environmental site assessment, or any other documents required to be provided or completed and executed by
Seller, the closing shall occur either on the original closing date or within 30 days after receipt
of
documentation curing the defects, whichever is later. The closing will be held in Vero Beach, Florida, at the
office of the Seller' s title insurer, on the date and at the time agreed to by the parties. If the parties cannot
reach agreement as to the date and time, the date and time will be set by the County upon notice to the Seller.
The parties agree that a closing as early as reasonably possible is the intention of Seller and Purchaser.
14 . RISK OF LOSS AND CONDITION OF REAL PROPERTY . Seller assumes all risk of loss or
damage to the Property prior to the date of closing and warrants that the Property shall be transferred and
conveyed to the Purchaser in the same or essentially the same condition as of the date of Seller's execution of
this Agreement. However, in the event the condition of the Property is altered by an act of God or other natural
force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and
neither party shall have any further obligations under this Agreement. Seller represents and warrants that there
are no parties other than Seller in occupancy or possession of any part of the Property. Seller agrees to clean
October 25 , 2001
Page 3
up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the
Property to the satisfaction of the County prior to the exercise of the option by Purchaser.
15 . RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this
Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter
the Property for all lawful purposes in connection with the this Agreement. With regard to any entry by
Purchaser upon the Property prior to closing, Purchaser-- s liability to Seller or to any third party shall be
subject to the limitations and conditions specified in section 768 . 28 , Florida Statutes. Seller shall deliver
possession of the Property to the County at closing.
16 . ACCESS . Seller warrants that there is legal ingress and egress for the Property over public roads or
valid, recorded easements that benefit the Property.
17 . DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to
closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each
without waiving any action for damages, or any other remedy permitted by law or in equity resulting from
Seller's default. If Purchaser defaults under this Agreement, Seller may seek any remedy permitted by law or in
equity resulting from Purchaser's default. In connection with any dispute arising out of this Agreement,
including without limitation litigation and appeals, each party will be responsible for its own attorney's fees and
costs.
18 . BROKERS . Seller warrants that no persons, firms, corporations or other entities are entitled to a real
estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately
disclosed on the disclosure statement required in paragraph 9 . Seller shall indemnify and hold Purchaser
harmless from any and all such claims, whether disclosed or undisclosed.
19 . RECORDING. This Agreement may not be recorded ; however, Purchaser may record reasonable
notice of it in the appropriate county or counties.
20 . ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event Purchaser will
provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior
written consent of Purchaser.
21 . TIME. Time is of essence with regard to all dates or times set forth in this Agreement.
22 , SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be
unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected .
23 . SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal
representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and
Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it.
Whenever used, the singular shall include the plural and one gender shall include all genders.
24 . ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties
pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements,
representations and understandings of the parties. No supplement, modification or amendment to this
Agreement shall be binding unless executed in writing by the parties.
October 25 , 2001
Page 4
25 . WAIVER. Failure of Purchaser or Seller to insist upon strict performance of any covenant or
condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or
relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force
and effect.
26 . AMENDMENTS . No modification , amendment or alteration hereto , shall be effective or binding
upon any of the parties hereto until it has been executed by all of the parties hereto .
27 . ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of
this Agreement.
28 , NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given
by written notice, and either delivered personally or mailed to the appropriate address indicated on the first
page of this Agreement, or such other address as is designated in writing by a party to this Agreement.
29 . SURVIVAL. The covenants, warranties, representations, indemnities and undertakings of Seller set
forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph
8 . of this Agreement and Local Government's possession of the Property.
agree that the P irc#aseabtlitye #iis�urc,#�as�
v[u cuc. TCTTUZ- Ithi '�7I'07'GGL:"'�TT'[.T'gITIH
haler-nay4enninate-
this Agreement by giving notice to be€ere-that date,
THIS AGREEMENT IS INITIALLY TRANSMITTED TO THE SELLER AS AN OFFER. IF THIS
AGREEMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE NOVEMBER 15 , 2003 , THIS
OFFER WILL BE VOID UNLESS THE PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT
THIS OFFER BY EXECUTING IT, SELLER UNDERSTANDS AND AGREES THAT THIS OPTION
AGREEMENT SHALL BE FULLY BINDING UPON IT AS OF THE TIME OF EXECUTION BY
SELLER, FOLLOWED WITHIN A REASONABLE TIME THEREAFTER (NO MORE THAN 45 DAYS)
BY EXECUTION BY INDIAN RIVER COUNTY , THE EXERCISE OF THIS OPTION IS SUBJECT TO :
( 1 ) APPROVAL OF THIS AGREEMENT, AND THE TOTAL PURCHASE PRICE, BY PURCHASER, (2)
CONFIRMATION THAT THE TOTAL PURCHASE PRICE IS NOT IN EXCESS OF THE FINAL
COUNTY APPROVED APPRAISED VALUE OF THE PROPERTY, AND (3 ) COUNTY OVAL OF
ALL DOCUMENTS TO BE FURNISHED HEREUNDER BY SELLER. 4:M cfA -
-C6NTRA-eT -IS
—I,
SELLER
October 25 , 2001
Page 3
STELLA A. ARENDAS
• VV
i ke t, a s: r
Witness • Seller Date signed by
INDIANPURCHASER
Witness • • • mmmep • • • - . . - . u _ •
Its: Chairman
WideWidess as to Local Governjment - �
Attest: 4
(Clerk or Deputy : . . i, .
(OFFICIAL SEAL)
Novemher 6 . 2003
Approved as to Form and Legality Date signed by Loc.�l Government
County Attorney
Date: . /
Octobe .r11
Page 6
STATE OF }�/d,� i b/O )
COUNTY OF �/Z eko .o��/ )
The foregoing instrument was acknowledged before me this ;Z% day of <D �'fd 6 E r , 2003 , by
Stella A. Arendas, the Seller, who is personally known to me or who has produced a driver's license issued
within the last five years as identification .
(NOTARY PUBLIC)
SEAL ��»�►u�►�re������' Notary Public
`®adv';. . . . �' 1 i��
Cf •4F �'y
.
_.. oG� 24. 2 '9� 4/. C �mi,1-7
(Printed, Typed or Stamped Name of
• Notary Public)
it>p254532 ;
11 ki
" ����oos �� Commission No. :
nurun�►
My Commission Expires : i0 y/'0 7
STATE OF FLORIDA )
COUNTY OF T N n T A N R Th7ER
The foregoing instrument was acknowledged before me this 6TH day of November 2003 , by
Kenneth R. Macht as Chairman of the Board of Commissioners of Indian River County, and attested by
MARIA I . SUESZ, on behalf of Jeffrey Barton, Clerk of the Board of Commissioners of Indian River
County, Florida, on behalf of the County, both of whom are personally known to me.
(NOTARY PUBLIC)
SEAL
•N"^ Kimberly E Massung No Public
MY COMMISSION #t DD216503 EXPIRES
)uFy 15, 2001
BONDED THRUTROY FAX INSURANCE. INC _Kimberly E . Massung
(Printed, Typed or Stamped Name of
Notary Public)
Commission No. : DD 21 6 5 0 3
My Commission Expires: JT > 1 V 1 ,; ,6.2007
October 25 , 2001
Page 7
ORCA SOUTH LINK (ARENDAS )
EXHIBIT "A"
LEGAL DESCRIPTIO`
( SUBJECT TO ADJUSTMENT BASED ON SURVEY)
INDIAN RIVER COUNTY TAX PARCEL ID # 33 -40 -30 -00000 -3000 -00003 . 0 , MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT ON THE NORTH LINE OF NW '/. OF SECTION 30 , TOWNSHIP 33 S
RANGE 40 E , WHERE SAID LINE IS INTERSECTED BY E R/W LINE OF US 1 & FROM SAID
POINT RUN E ON SAID N SEC LINE 842 . 3 FT TO POINT OF BEGINNING ( POB ) , RUN S 335 .6 F ,
RUN E 171 . 2 FT, RUN N TO N LINE OF NW /40F SECTION 30 ; RUN W ON N LINE OF NW 1 4
TO POB LESS RD R/W AS RECORDED IN OR BOOK 398 PP 224 (OR BK 462 PP 934)
AND
INDIAN RIVER COUNTY TAX PARCEL ID # 33 -40-30 -00000 -3000 -00008 . 01 MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING 335 . 765 FT S OF NE COR OF NW 1 /4 OF SECTION 30 , TOWNSHIP 33 S RANGE 40
E, THENCE RUN S 335 . 765 FT, THENCE RUN W 1791 . 5 FT TO E LINE OF FEC RY, NLY
ALONG E LINE OF RY R/W 350 . 5 FT E 1881 FT TO P . O . B . AS D BK 40 PP 518 LESS 66 FT FOR
RD & LESS THAT PART LYING WLY OF W R/W OF US HWY NO 1 & ELY OF E R/W OF FEC
RR & ALSO LESS WLY 600 FT LYING ELY OF US HWY # 1
SAID PARCELS COMBINED CONSISTING OF 6 . 69 ACRES , MORE OR LESS
ADDENDUM
BENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT
(OTHER)
STATE OF r L )
COUNTY OF 4REvAk � )
Before me, the undersigned authority, personally appeared STELLA A. ARENDAS , this 2Z day of rT 92003 ,
who, first being duly sworn, deposes and says :
1 ) That S 74 LL A q AAEm �D AS whose address is
/ 9e Pi AiEt,LR ,f DANE * S'Ocj CCCCR 4 iZAcI4 1-'L is the record owner of the Property. The
following is a list of every "person" (as defined in Section 1 . 01 (3 ), Florida Statutes) holding 5 % or more of the beneficial
interest in the Property. (if more space is needed, attach separate sheet)
Name Address Interest
2) That to the best of the affiant's knowledge, all persons who have a fmancial interest in this real estate transaction or who have
received or will receive real estate commissions. attorney's or consultant's fees or any other fees or other benefits incident to the
sale of the Property are:
Name Address Reason for Payment Amount
New
GC'LU �; C- L (. b•�hiKQ �` � �: � h'� F1GGf . RS FFA („ � S i � r� � RG � LE �1Er.` T
3 ) That, to the best of the affiant's knowledge, the following is a true history of all financial transactions (including any existing
option or purchase agreement in favor of affiant) concerning the Property which have taken place or will take place during the
last five years prior to the conveyance of title to Stella A. Arendas :
N�^ nlc
October 25 , 2001
Page 9
Name and Address Type of Amount of
of Parties Involved Date Transaction Transaction
.This affidavit is given in compliance with the provisions of Sections 286 . 23 and 380 .08(2), Florida Statutes.
AND FURTHER AFFIANT SAYETH NOT. AFFIANT
SWORN TO and subscribed before me this day of 2003 , by
who is personally known to me or who has produced a driver's license as identification and
who did take an oath .
Notary Public
(Printed, Typed or Stamped Name of Notary)
Commission No. :
My Commission Expires:
APPROVED. ASTOFORM AND LEGALITY
BY
County Attorney
Date: //� ' 04 - �3
October 25 , 2001
Page 10