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Home My WebLink About2009-314 A TRUE COPY . . CERTIFICATION ON LAST PAGEg J . K . BARTON , CLERK � I G I N A CSDI - Revised 06 / / 09 / 09 i ( STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONTRACT FOR SALE AND PURCHASE THIS Contract for Sale and Purchase ( " Contract " ) is made this day of , 20 - f by and between SELLER and BUYER as follows : SELLER : Board of Trustees of the Internal Improvement Trust Fund of the State of Florida by and through its agent the Division of State Lands of the State of Florida Department of Environmental Protection ( " DEP " ) ADDRESS : State of Florida Department of Environmental Protection Division of State Lands Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station 130 Tallahassee , Florida 32399 - 3000 BUYER : Indian River County , a political subdivision of the State of Florida Address : 1801 27th Street , Vero Beach , Florida 32960 Phone : ( 772 ) 226 - 1234 1 . AGREEMENT TO SELL : SELLER hereby agrees to sell and BUYER hereby agrees to buy in accordance with this Contract the real property that is more particularly described in attached EXHIBIT " A " of this Contract ( the " Property " ) . 2 . PURCHASE PRICE : BUYER hereby offers the following purchase price for the Property in the amount of THREE HUNDRED SEVENTY - FIVE AND 00 / 100 DOLLARS ( $ 375 . 00 ) , which shall be paid by BUYER ' S check , made payable to the State of Florida Department of Environmental Protection , at the time of closing . 3 . TIME OF ACCEPTANCE : If this offer is not accepted by SELLER , this offer shall be null and void . 4 . CLOSING , EXPENSES AND POSSESSION : This Contract shall be closed following approval by SELLER , and the deed delivered after execution by SELLER . SELLER will deliver possession of the Property to BUYER at closing . The following are additional details of closing : A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK a . Time and Place : The closing shall be on or before 120 days after SELLER ' S execution of this Contract . The date , time and place of closing shall be set by DEP . b . Conveyance : At closing , SELLER will deliver to BUYER a fully executed quitclaim deed conveying the Property and any improvements in " AS IS , WHERE IS CONDIT_ION , " without warranties or representations , subject to a reservation in favor of the SELLER 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 . c . Expenses : BUYER shall be responsible for and pay all closing costs associated with the Property including , but not limited to , advertising costs , appraisal costs , survey costs , documentary stamp tax on the deed , recording fees , abstract or title insurance fees , and attorneys ' fees . BUYER shall reimburse DEP at closing for any closing costs that are initially paid for by DEP . Any costs of sale incurred by SELLER or by other parties on behalf of SELLER shall be paid by separate certified or cashier ' s check made payable to the State of Florida Department of Environmental Protection or an escrow agent designated by DEP at the time of closing . SELLER may require that the closing be processed by and through a title insurance company or other closing agent , designated by DEP , and BUYER shall pay any costs charged by such company or agent for this closing service . If BUYER obtains a survey of the Property , nothing contained therein shall affect the purchase price or terms of this Contract . 5 . REAL ESTATE TAXES , EASEMENTS , RESTRICTIONS AND ENCUMBRANCES : BUYER agrees to pay all outstanding real estate taxes . BUYER agrees to take title to the Property subject to any outstanding taxes , special liens or assessments , comprehensive land use plans , zoning , restrictions , prohibitions and other requirements imposed by governmental authority ; restrictions , qualifications and matters appearing on the plat or otherwise common to the subdivision , restrictive covenants , public utility easements and all outstanding easements , reservations and other interests . 6 . WETLANDS : Any wetlands on the Property may be subject to the permitting requirements of DEP or the applicable water management district . 7 . CONDITION OF THE PROPERTY : BUYER acknowledges that it has inspected the Property and agrees to accept the Property in " AS IS , WHERE IS CONDITION . " SELLER makes no warranties or representations whatever as to the condition of the Property or any improvements located thereon , or the fitness of either for any particular use or purpose . Page 2 of 6 Contract Number 32116 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK 8 . RADON GAS : Radon is a naturally occurring radioactive gas that , when it has accumulated in a building in sufficient quantities , may present health risks to persons who are exposed to it over time . Levels of radon that exceed federal and state guidelines have been found in buildings in Florida . Additional information regarding radon and radon testing may be obtained from your county public health department . 9 . RISK OF LOSS : In the event of any substantial damage to the Property ( in excess of $ 5 , 000 ) between the date of this Contract and the date of closing , 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 SELLER elects not to restore the damaged Property , BUYER ' S sole remedy shall be the right to rescind this Contract by giving written notice to SELLER or , alternatively , to proceed to closing on the Property , as damaged , without adjustment in the purchase price . In the event of any lesser damage ( $ 5 , 000 or less ) , the parties shall proceed to closing as though no damage had occurred . 10 . SUCCESSORS : Upon execution of this Contract by BUYER , this Contract shall be binding upon and inure to the benefit of BUYER , his 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 : This Contract shall not be assigned by BUYER without the prior written consent of SELLER . 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 signed by all parties . Notwithstanding the foregoing , the parties acknowledge that the legal description of the Property is based upon historic chain of title information , without the benefit of a current survey . The parties agree that if , in the opinion of SELLER , it becomes necessary to amend the legal description to correct errors , to more properly describe the Property , or to otherwise revise the legal description of the Property , the legal description to be used in the survey ( if any ) and in the closing instruments required by this Contract for the Property shall be revised by or at the direction of SELLER , and shall be subject to the final approval of SELLER . Anything to the contrary hereinabove notwithstanding , such a revision of the legal description of the Page 3 of 6 Contract Number 32116 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK Property shall not require a written amendment to this Contract . In such event , the SELLER ' S execution and delivery of the closing instruments containing the revised legal description and the BUYER ' S acceptance of said instruments and of the final survey ( if any ) containing the revised legal description shall constitute a full and complete ratification and acceptance of the revised legal description of the Property by the parties . 15 . SURVIVAL : The covenants of this Contract will survive delivery and recording of deed and possession of the Property . 16 . ACCEPTANCE OF OFFER : SELLER reserves the right to reject this offer . Therefore , this Contract shall not bind SELLER , DEP or the State of Florida in any manner unless or until it is approved and legally executed by SELLER . ( Remainder of page intentionally left blank ) Page 4 of 6 Contract Number 32116 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK The parties have caused this Contract to be executed on the day and year first above written . " SELLER " BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By : ( SEAL ) TITLE : DIVISION OF STATE LANDS , STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION APPROVED AS TO FORM AND LEGALITY BY : DEP ATTORNEY " BUYER " INDIAN RIVER COUNTY , a political subdivision of the State of Florida By its Board of County Commissioners BY Title : Chairman Peter D . O ' Bryan Print / Type Name APPROVED AS TO FORM AND E (3AL SUFFICIENCY 3y 4 If D F r t i 'TY COU E 4TY ATTO it,.rd F Y Page 5 of 6 Contract Number 32116 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK EXHIBIT " A " LEGAL DESCRIPTION OF PROPERTY The following described parcel in Section 23 , Township 31 South , Range 37 East , Indian River County , Florida : Lots 25 , 26 , Blk 121 , Town of Fellsmere , less and except all sovereignty lands . BSM : �W� DATE : 10 / 6/ 09 Page 6 of 6 Contract Number 32116 Indian • Property Printer Friendly Print 13 .1ick Indian River County GIS OW 44 r 70 T— r _ - -- t Pa reelID OwnerNarne PropertyAddress 313 111111 ' 1111 1 FLORIDA S MAPLE94 ; 31370000009121000025 , 0 OF • RIDA S MAPLE ST FELLSMERE , FL 32948 Notes STATE OF • . • COUNTYINDIAN RIVER THIS IS . - A TRUE . CORRECT COPYOF THE ORIGINAL ON OFFICE BY DATE • • 11 /4/2009