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FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
CONTRACT FOR SALE AND PURCHASE DEPOSIT RECEIPT
THIS AGREEMENT is made this J ` day of 2008 , by and between the SELLER and
the BUYER as follows :
SELLER: State of Florida Department of Agriculture and Consumer Services ("SELLER" ) (" DACS" ).
ADDRESS : Plaza Level Ten , The Capitol
Tallahassee , Florida 32399-0810
BUYER : Indian River County Department of Emergency Services
Name(s) (as it should appear on the deed )
ADDRESS : 1500 Old Dixie Hwy. Vero Beach , Florida 32960
TELEPHONE : 772-562-2028 772-770-5117
Work Fax
1 . AGREEMENT TO SELL : The SELLER hereby agrees to sell and the BUYER hereby agrees to buy in
accordance with this contract all that certain real property , together with all improvements , easements and
appurtenances, legally described as:
Property located in Indian River County; more particularly described in attached EXHIBIT "A" of this Contract for
Sale .
2 . PURCHASE PRICE : BUYER hereby offers to purchase the property for Three Hundred and Eighty
Thousand Dollars and no cents ($380 . 000 . 00) which shall be paid in the form of a wire transfer, Certified or
Cashier's check in the following manner:
A. Deposit: BUYER deposits herewith Thirty Eight Thousand and no cents ($ 38 , 000. 00) in the form of a
wire transfer, Certified or Cashier's check from a financial institution as defined by Section 655 . 005 , Florida
Statutes , and in a form acceptable to the SELLER , made payable to the Department of Agriculture, as an earnest
money deposit. The entire deposit of the successful BUYER shall be applied toward the purchase price . If Buyer
fails to perform under the terms of this contract , BUYER shall forfeit the DEPOSIT to the SELLER .
B. Balance : The balance of purchase price for the property in the amount of Three Hundred and Forty-two
Thousand Dollars and no cents ($342 , 000. 00) shall be paid by wire transfer, Certified or Cashier's Check made
payable to the Department of Agriculture at the time of closing .
3 . TIME OF ACCEPTANCE : If the SELLER does not accept this offer, the deposit shall be returned to the
BUYER and this offer shall be null and void . Notice of acceptance or rejection of this offer shall be sent to the
BUYER after the SELLER' S decision .
4 . CLOSING EXPENSES , AND POSSESSION : This contract shall be executed following approval by the
SELLER, and the deed delivered after execution by the SELLER. The SELLER will deliver possession of the
Property to the BUYER at closing . The following are additional details of closing :
A. Time and Place : The closing will be at a time , date and location of mutual agreement between the
SELLER and the BUYER 45 days following the issuance of a Certificate of Occupancy for the new DOF facility
located at 5235 41s` Street, Vero Beach , Florida 32967 , unless that time is extended by mutual agreement of both
parties .
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B. Conveyance : At closing , the SELLER will deliver to the BUYER a fully executed quitclaim deed
conveying the property and any improvements in "AS IS, WHERE IS CONDITION , " subject to a reservation in
favor of the Department of Agriculture , without right-of-entry, of an undivided three-fourths interest in phosphate,
minerals and metals and an undivided one-half interest in all petroleum pursuant to Section 270 . 11 , Florida
Statutes . The form of the Quitclaim Deed shall substantially comply with the form attached hereto as EXHIBIT
" B"; and
C. Expenses: The BUYER shall pay all costs of closing including , but not limited to , all costs incurred
through advertising and appraisal of the property, survey costs , documentary stamp tax on the deed , recording
fees , abstract or title insurance fees , or attorney's fees. The SELLER may require that the closing be processed
by and through a title insurance company officer, or other agent, designated by the SELLER, and in that event the
BUYER shall pay any costs charged by such company or agent for this closing service . If BUYER obtains a
survey, nothing contained therein shall affect the purchase price or terms of this contract. At the time of closing
the BUYER shall pay by wire transfer, Certified or Cashier's Check in the amount of Four Thousand , Five hundred
and Twenty Dollars and no cents ($4, 520 .00) to pay for costs which shall be calculated and itemized not less than
3 working days prior to closing .
5 . REAL ESTATE TAXES , EASEMENTS, RESTRICTIONS AND ENCUMBRANCES : The BUYER shall
pay all outstanding real estate taxes . The BUYER shall take title to the property subject to any special liens or
assessments , zoning and other governmental restrictions , plat restrictions and qualifications , public utility
easements , restrictive covenants and all other easements , restrictions , reservations or matters of record .
6 . WETLANDS : Any wetlands on this property may be subject to the permitting requirements of the
Department of Environmental Protection or the water management district.
7 . CONDITION OF THE PROPERTY: The BUYER acknowledges that he has inspected the premises , and
agrees to accept the property in "AS IS , WHERE IS CONDITION " . BUYER further acknowledges that he has
voluntarily chosen to use all improvements , including any fire towers , wells , or other conditions on the property
and assumes all risk without limitation from their continued use or presence on the property. The SELLER makes
no warranties or representations whatsoever as to the condition of the property, including all improvements , or the
merchantability of the property, or the fitness for any particular uses or purpose . The BUYER acknowledges that
the DACS has provided BUYER a copy of an Asbestos Survey and Lead -Based Paint Test for each structure on
the Property (" Premises') containing materials ("ACM") and lead-based paint ("LBP" ) , and acknowledges the
receipt of a Radon Test for all habitable structures . The Buyer hereby waives and releases the Department from
all claims, causes of actions and damages of any nature whatsoever, including attorney's fees and costs incurred
arising from or in connection with the condition , presence and future use of any improvements or conditions on
the property, and the presence of or subsequent removal of ACM , LBP and Radon Gas from the Premises . This
release shall be binding upon the heirs, successors and assigns of BUYER and shall be governed by and
construed in accordance with the laws of the State of Florida and shall survive closing . BUYER expressly agrees
to indemnify, defend and hold harmless the SELLER from any an all claims that may arise from the continued use
and presence of all improvements and conditions on the property.
8 . RISK OF LOSS: In the event of any substantial damage to the property in excess of $25 , 000 . 00
between the date of this agreement and the date of closing , the SELLER shall have the option of restoring the
damaged Property to its condition immediately prior to the occurrence causing the damage , in which event,
BUYER shall complete the transaction as originally planned . If these repairs are not completed prior to closing
date , closing will be extended until such time as the repairs are completed . If the SELLER elects not to repair the
damaged property, the BUYER'S sole remedy shall be the right to rescind this contract by giving written notice to
the SELLER and to receive a refund of the earnest money deposit or, alternatively, to proceed to closing on the
Property, as damaged , without adjustment in the purchase price . In the event of any lesser damage , the parties
shall proceed to closing as though no damage has occurred .
9 . DEFAULT: If the BUYER fails to perform any covenants of this agreement, the earnest money deposit
may be retained by the SELLER without waiving any action for damages resulting from BUYER'S default.
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Alternatively, the SELLER may seek specific performance of the terms and conditions herein . If the SELLER fails
to perform any covenants of this contract, the deposit shall be returned to BUYER as BUYER'S sole remedy. In
that event, all parties shall be released of their rights and obligations under this contract. In connection with any
dispute arising out of this contract, including , without limitation , litigation and appeals , the prevailing party shall be
entitled to recover reasonable attorney's fees and costs.
10 . SUCCESSORS: Upon execution of this contract by the BUYER, this contract shall be binding upon and
inure to the benefit of the BUYER, its heirs, successors or assigns.
11 . RECORDING : Neither this contract nor any notice of it may be recorded in any county by any person .
12 . ASSIGNMENT: The BUYER shall not assign this contract without the prior written consent of the
Director of the Division of Administration .
13. TIME OF ESSENCE : Time is of the essence in the performance of this contract .
14 . AMENDMENTS : This contract contains the entire agreement and all representations of the parties . No
amendment will be effective except when reduced to writing and signed by all parties .
15 . SURVIVAL: The covenants of this contract shall survive delivery and recording of deed and possession
of the property.
16 . SELLER ACCEPTANCE : This contract shall not bind the SELLER or the State Of Florida in any manner
unless or until it is approved by the SELLER and legally executed .
17 . COMPREHENSIVE PLAN AMENDMENTS AND RE-ZONING APPLICATIONS: It is understood that prior
to closing BUYER may wish to pursue amendments to the local comprehensive plan or to seek rezoning of the
property. Permission to do so is vested solely in the discretion of SELLER and prior written permission must be
obtained by BUYER. In no event shall BUYER be authorized to bind SELLER or to make financial commitments on
SELLER'S behalf to third parties or governmental entities . BUYER acknowledges that there shall be no additional
cost, expense , obligation , or liability to SELLER should BUYER'S intent to amend or rezone be approved by
SELLER. BUYER further acknowledges that SELLER has made no representations or warranties concerning
amendments or rezoning or resulting value. BUYER agrees to indemnify and hold SELLER harmless from any loss,
cost, damage or expense incurred by SELLER by reason of BUYER'S pursuit of amendments to the local
comprehensive plan or rezoning of the property.
18 . LEASE FOR FIRE TOWER: At closing , BUYER and SELLER agree to enter into a Lease Agreement
allowing the SELLER access to and the continued use of the fire tower on the property, at no cost, for a period of
twenty-five years with SELLER retaining the right to extend the Lease Agreement for an additional twenty-five year
term . The fire tower shall be used for forestry purposes only, including forestry related communications
equipment, unless agreed to in writing by the County.
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IN WITNESS WHEREOF, the parties have caused this Contract for Sale to be executed on the day and year first
above written .
BUYER
INDIAN RIVER COUNTY DEPARTMENT .
OF EMERGENCY SERVICES ,
By ,
'S6ndrk L . Bowden
Its : Chairman of the Emergency Services Taxing
Witnes to BUYER District
1 / 29 / 2008 nunc pro tunc *
J . K . Barton , k
Attest oil rte—
Deputy Clerk
--17-ss as to BUYER * BCC approved 9 / 4 / 2007
Date signed by BUYER
BUYER FEID : 59-6000674
APPROVED AS TO FOR
AN AL FF SELLER
JIM — STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND
DEPUTY COUNTY ATTORNEY WILLI YATTOLRNEY CONSUMER SERVICES CHARLES H . BRONSON,
SIGNER
Witnes as to SELLER Mike Gresham, Director of
Division of Administration
t p eu
Witness as to SELLER Date signed0by SELLER
Approve s to B m nd L ality
By: I
Date:
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
The South 300 feet of the East 20 . 06 acres of Tract 8, Section 16 , Township 33 South , Range 39
East, according to the last general plat of lands of Indian River Farms Company, filed in the office of
the Clerk of the Circuit Court of St. Lucie County, Florida , in Plat Book 2 , page 25 , said land now lying
in Indian River County, Florida .
Subject to taxes and installments of assessments to Indian River Farms Drainage District falling due
and/or becoming payable after 1949 .
Subject, however, to road and drainage canal right of way over the South 30 feet and the East 100
feet of the above described property.
Further subject to reservations contained in Deeds No . 574 and 595 from the State of Florida through
the Trustees of the Internal Improvement Fund wherein certain reservations were made reserving an
undivided one-half interest of all petroleum and petroleum products and title to an undivided three-
fourths of the other minerals which may be found on or under said land , together with the privilege
outside any municipality as of the date of the above described deeds to explore for and to mine and
develop same .
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EXHIBIT " B"
SPACE BELOW FOR RECORDER'S USE
STATE OF FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS : That
WHEREAS , THE DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES is empowered to convey certain
lands pursuant to Sections 253 . 025( 13) and 570. 07(25) ,
Florida Statutes (2002) , under the terms and conditions set
forth therein , all of which have been duly met; and ,
WHEREAS, said BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA, did transfer this property to the
DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES on the day of A. D . 200_.
NOW , THEREFORE , the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES ,
as "Grantor" through the undersigned COMMISSIONER OF AGRICULTURE , under authority of
Section 253 . 025 ( 13) and Section 570 . 07(25), Florida Statutes , for and in consideration of the sum of
Ten Dollars ( 10. 00) and other good and valuable consideration , to it in hand paid by:
, as "GRANTEE" , whose address is: has remised ,
released , and quitclaimed unto GRANTEE his successors , heirs , and assigns, forever, all the right ,
title , interest claim , and demand which GRANTOR may have in and to the following described lands
in County, Florida , to-wit:
[Legal Description]
SAVING AND RESERVING unto GRANTOR and its successors , without right-of-entry, of an
undivided three-fourths interest in phosphate , minerals and metals and an undivided one-half interest
in all petroleum pursuant to Section 270. 11 , Florida Statutes .
TO HAVE AND TO HOLD the above-described premises subject to outstanding easements ,
reservations and other interest appearing of record .
EXH I BIT " B "
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IN TESTIMONY Whereof, the COMMISSIONER OF AGRICULTURE has hereto subscribed his
name and has caused the official seal of said DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES to be hereunto affixed in the City of Tallahassee , Florida , on this _day of
A. D . 20
( DEPARTMENT SEAL) CHARLES H . BRONSON
COMMISSIONER OF AGRICULTURE
Approved as to form and legality:
By EXHIBIT " B "
Date:
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of A . D .
20_ by CHARLES H . BRONSON , Commissioner of Agriculture, who is personally known to me or
has produced a driver's license as identification and who did take an oath , and who acknowledged
before me that he executed the foregoing instrument for the purposes therein expressed .
Notary Public: Signature
Name of acknowledged typed , printed or stamped
My commission expires :
( NOTARIAL SEAL)
Instrument prepared by:
Division of Forestry
3125 Conner Blvd .
Tallahassee, Florida 32399-1650
t
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