HomeMy WebLinkAbout2009-264 4
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN
JANIE E . GREENE AND
ELLIS AND KATHLEEN GREENE , HUSBAND AND WIFE
AND
INDIAN RIVER COUNTY
THIS AGREEMENT TO PURCHASE AND SE L REAL ESTATE ("Agreement" )
is made and entered into as of the / A' day of , 2009 , by and between
Indian River County , a political subdivision of the Sta a of Florida ( "the County" ) , and
Janie E . Greene , a single adult as to an undivided 65 % interest AND Ellis Greene and
Kathleen F . Greene , husband and wife , as to an undivided 35% interest , as Tenants in
Common with no rights of survivorship ("Sellers" ) , who agree as follows :
WHEREAS , Sellers own property located at the northeast comer of 53`d Street
and 66`h Avenue , Vero Beach , Florida . A sketch and legal description of the property is
attached to this agreement as Exhibit "A" and incorporated by reference herein ; and
WHEREAS , the County , is scheduled to expand 66th Avenue in the near future
and the road expansion will impact and affect the Sellers' property; and
WHEREAS , in order for the County to proceed with its road expansion plans , the
County needs to purchase property to be used as right-of-way from landowners
adjacent to 66th Avenue ; and
WHEREAS , the County has contacted Sellers and has offered to purchase a
0 . 81 acre parcel of property from Sellers to be used as right-of--way as depicted on
Exhibit "A" (the Property) ; and
WHEREAS , Sellers are represented by Raymer F . Maguire III of the law firm of
Fixel , Maguire & Willis , 1010 Executive Center Drive , Suite 121 , Orlando , Florida ; and
WHEREAS , the County is prepared to take the Property by using its power of
eminent domain ; and
WHEREAS , Sellers and the County wish to avoid the risk , time and expense of
litigation by entering into this agreement for sale and purchase of the Property ;
NOW, THEREFORE , in consideration of the mutual terms , conditions , promises ,
covenants and premises hereinafter, the County and Sellers agree as follows:
1 . Recit@ls . The above recitals are affirmed as being true and correct and are
incorporated herein
2 . Agreement to Purchase and Sell . The Sellers hereby agree to sell to the County ,
and the County hereby agrees to purchase from Sellers , upon the terms and conditions
set forth in this Agreement, that certain parcel of real property located on the northeast
comer of 53`d Street and 66th Avenue , Vero Beach , Florida and more specifically
described in the sketch and legal description attached as Exhibit "A" , containing
approximately 0 . 81 acres , and all improvements thereon , together with all easements ,
rights and uses now or hereafter belonging thereto (collectively , the "Property") .
3 . Purchase Price Effective Date . The purchase price ( " Purchase Price" ) for the
Property shall be established by the Cherry Lane Cattle , LLC appraisals which is
mutually agreed upon by the parties . The Purchase Price shall be FORTY FIVE
THOUSAND , THIRTY-SIX AND NO/ 100 DOLLARS ( $ 45 , 036 . 00 ) based on 0 . 81 acres
at $ 55 , 600 per acre . The Purchase Price shall be paid on the Closing Date, The
Effective Date of this Agreement shall be the date upon which the County shall have
approved 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 .
4 . Title. Sellers shall convey marketable title to the Property by warranty deed free
of claims , liens , easements and encumbrances of record or known to Sellers except as
noted in Exhibit "A" ; 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 the County's
intended use and development of the Property ( " Permitted Exceptions").
4 . 1 The County may order an Ownership and Encumbrance Report or Title
Insurance Commitment with respect to the Property . The County shall within fifteen
( 15 ) days following the Effective Date of this Agreement deliver written notice to Sellers
of title defects . Title shall be deemed acceptable to the County if ( a ) the County fails to
deliver notice of defects within the time specified , or ( b ) the County delivers notice and
Sellers cure the defects within thirty ( 30 ) days from receipt of notice from the County of
title defects ( " Curative Period " ) . Sellers shall use best efforts to cure the defects within
the Curative Period and if the title defects are not cured within the Curative Period, the
County shall have thirty ( 30 ) days from the end of the Curative Period to elect , by
written notice to Sellers , to : (i ) to terminate this Agreement , whereupon shall be of no
further force and effect, or ( ii ) extend the Curative Period for up to an additional 90 days ;
or ( iii ) accept title subject to existing defects and proceed' to closing .
5 . Representations of the Sellers .
5 . 1 Sellers are indefeasibly seized of marketable , fee simple title to the Property , and
are the sole owners of and have 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 .
Page 2 of 7
5 . 2 From and after the Effective Date of this Agreement , Sellers shall take no action
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 ,
wi#hout the prior written consent of the County.
5 . 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 .
6 . Default .
6 . 1 In the event the County shall fail to perform any of its obligations hereunder, the
Sellers shall , at their sole option , be entitled to : ( i ) terminate this Agreement by written
notice delivered to the County at or prior to the Closing Date and thereupon neither the
Sellers 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 . 2 In the event the Sellers shall fail to perform any of their obligations hereunder,
the County shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written
notice delivered to the Sellers at or prior to the Closing Date and thereupon neither the
County nor any other person or party shall have any claim for specific performance ,
damages or otherwise against the Sellers , or ( ii) obtain specific performance of the
terms and conditions hereof; or ( iii ) waive the Sellers ' default and proceed to Closing :
7 . Closing .
7 . 1 The closing of the transaction contemplated herein ( " Closing" and " Closing Date " )
shall take place within 45 days following the execution of the contract by the Chairman
of the Board of County Commissioners . The parties agree that the Closing shall be as
follows :
( a ) The Sellers shall execute and deliver to the County a warranty deed conveying
marketable title to the Property , free and clear of all liens and encumbrances and in the
condition required by paragraph 4 .
( b ) The Sellers shall have removed all of their personal property and equipment from
the Property and Sellers shall deliver possession of the Property to the County vacant
and in the same or better condition that existed at the Effective Date hereof.
( c) If Sellers are obligated to discharge any encumbrances at or prior to Closing and
fails to do so , the County may use a portion of Purchase Price funds to satisfy the
encumbrances .
Page 3of7
(d ) If the Sellers are non-resident aliens or foreign entities , Sellers shall deliver to the
County an affidavit, in a form acceptable to the County , certifying that the Sellers and
any interest holders are not subject to tax under the Foreign Investment and Real
Property Tax Act of 1980 .
( e ) The Sellers and the County shall each deliver to the other such other documents
or instruments as may reasonably be required to Close this transaction .
8 . Taxes . All taxes and special assessments which are a lien upon the property on
or prior to the Closing Date (except current taxes which are not yet due and payable )
shall be paid by the Sellers .
9 . Closing Costs : Expenses. The County shall be responsible for preparation of all
Closing documents .
9 . 1 The County shall pay the following expenses at Closing:
9 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained
by Sellers pursuant to this Agreement .
9 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed .
9 . 1 . 3 All costs and premiums for the owners marketability title insurance commitment
and policy , if any .
9 . 1 . 4 Engineering costs incurred by Sellers in the amount of $ 1 , 207 . 50 . The costs
shall be paid directing to Morris Engineering , Inc . See attached Exhibit " B " .
9 . 1 . 5 Attorney' s fees and costs of $ 4 , 000 . 00 or 7 . 5 % of the purchase price , which ever
is greater.
9 . 1 . 6 Appraisal costs incurred by Sellers . There are no appraisal costs .
9 . 2 Sellers shall pay the following expenses at or prior to Closing :
9 . 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 .
10 . Miscellaneous .
10 . 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 County for all state
court matters , and in the Southern District of Florida for all federal court matters .
Page 4 of 7
10 . 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 Sellers and the County 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 .
10 . 3 Assignment and Binding Effect . Neither the County nor Sellers may assign their
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 .
10 . 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 Sellers : Janie E . Greene
Ellis and Kathleen F . Greene
207538 th Avenue
Vero Beach , Florida 32960
If to Sellers ' Attorney : Raymer F . Maguire III
Fixel , Maguire & Willis
1010 Executive Center Drive
Suite 121
Orlando , Florida 32803
If to County: Indian River County
1801 27t' Street
Vero Beach , Florida 32960
Attn : Land Acquisition/Louise Gates
Either party may change the information above by giving written notice of such change
as provided in this paragraph .
10 . 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.
10 . 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 .
Page 5 of 7
10 . 7 Counterparts , This Agreement may be executed in two or more counterparts ,
each one of which shall constitute an original .
10 . 8 County Approval Required : This Agreement is subject to approval by Indian River
County as set forth in paragraph 2 .
10 . 9 Beneficial Interest Disclosure : In the event Sellers are a partnership , limited
partnership , corporation , trust , or any form of representative capacity whatsoever for
others , Sellers shall provide a fully completed , executed , and sworn beneficial interest
disclosure statement in the form attached to this Agreement as an exhibit that complies
with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this
Agreement by the County . However, pursuant to Florida Statutes Section 286 . 23 ( 3 )
( a ) , the beneficial interest in any entity registered with the Federal Securities and
Exchange Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose
interest is for sale to the general public , is exempt from disclosure ; and where the
Sellers are a non-public entity , that Sellers are not required to disclose persons or
entities holding less than five ( 5 % ) percent of the beneficial interest in Sellers .
11 . Driveway Connections : In order that trucks , trailers and other agricultural
equipment can safely ingress/egress the property , the County agrees to be responsible
for the following : twenty-four foot (24' ) driveway constructed at Station 509 + 90 . 22 on
53 Id Street and a twenty-four foot (24 ' ) driveway constructed just west of the southeast
corner of the remainder property . Daniel L . Morris , P . E . , of Morris Engineering, Inc . ,
has prepared a sketch depicting the location of the proposed center of the driveway
connection at Station 509 + 90 . 22 . See attached Exhibit " C" .
12 . Grandfather Clause : The County shall document in a separate letter or
document Sellers' right to divide the remainder property into four single family residence
parcels even though none of the parcels will be the minimum five acres required by
current zoning .
13 . Artesian Well , The County hereby agrees to be responsible for the artesian well
that exists in the area of taking . The artesian well has a turn valve installed but no other
equipment exists . If the County intends to cap the well , County agrees to do so at its
own expense and will relieve Sellers from any liability associated with the well .
14 . Wye River Farms , Inc. This Agreement is based on Indian River County' s project
specifications and as said plans relate to Parcel Nos . 165 and 166 and the remainder
being implemented by the County . Accordingly , if the project is not so implemented ,
Sellers shall have the same remedies as would have been afforded to them had the
case been resolved by verdict with said plans and specifications having been made a
part of the record at trial . Central & Southern Florida Flood Control District v. Wye River
Farms, Inc. , 297 So . 2d 323 ( Fla . 4th DCA 1974) ; cert. denied 310 So . 2d 745 ( Fla .
1975 ) . This provision shall survive the closing.
Page 6 of 7
IN WITNESS WHEREOF , the undersigned have executed this Agreement as of
the date first set forth above .
SELLERS : INDIAN RIVER COUNTY, FLORIDA
r
BOARD F COUNTY COMMISSIONERS
By : BY '
Janie E . Greene Wesley S . Dav s , Chairman
Date Signed :_ � ( ) /c c Date Signed : October 6 , 2000
T -
BY : V
Ellis Greene
Date Signed :
By :
athleen F . Greene
Date Signed : _ !21�1e) �
Approved as to form and e I sfficiency: Attest : J . K. Barton , Clerk
BY
William K . DeBraal Deputy Clerk
Deputy County Attorney Date Signed : lO
52-02465116617
Page 7 of 7
SKETCH TO ACCOMPANY DESCRIPTION ,
THIS IS NOT A SURVEY!
LOCATION MAP: NOT TO SCALE
619 61st t .—
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J1 -' 53rd maw _Sto _ . A JANIE E . GREENE
-P 49th o , St 20 t ELLIS GREENE
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LEGAL DESCRIPTION : PARCEL 165
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A PARCEL OF LAND BEING THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEET OF THAT PARCEL OF LAND
DESCRIBED IN OFFICIAL RECORDS BOOK 1607 , PAGE 844 OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA, LYING WITHIN TRACT 13, INDIAN RIVER FARMS COMPANY PLAT OF LANDS, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 259 PUBLIC RECORDS , SAINT LUCIE COUNTY,
FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 17 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA.
CONTAINING 0 .376 ACRES , MORE OR LESS ,
CERTIFICATION :
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE
WITH THE SURVEYING STANDARDS, CHAPTER 61G17- 6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS do MAPPERS, PURSUANT TO SECTION 472.0279 FLORIDA STATUTES, AND IS
TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE
ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS
FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
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NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
THERE HAS BEEN NO FIELD WORK, VIEWING OF THE
PERRY C. WHITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION
PROFESSIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN
LICENSE N0, 42131 STATE OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE NOT
DATE 9/26/07 ABSTRACTED FOR RESTRICTIONS, RIGHTS—OF—WAY AND
EASEMENTS OF RECORD.
PRQ.ECr MANAGER DEPARTMENT MANMGER SCALE
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SKETCH TO ACCOMPANY DESCRIPTION ,
LEGEND: THIS IS NOT A SURVEY!
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I ¢ I OWNERS: JANIE E. GREENE,
ELLIS GREENE, KATHLEEN F. GREENE
o I ADDRESS : 53RD STREET
VERO BEACH , FL , 32967
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EXHIBIT A „
SKETCH TO ACCOMPANY DESCRIPTION .
THIS IS NOT A SURVEY!
LOCATION MAP: NOT To sc i E
6i9 1st t.
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0 ; 59th <' St. 17
J - NIB Ii Cana{ OWNERS,
53rd St_ JANIE E. GREENE
P ate -- �- ELLIS GREENE
49th tO St.2O r
24� Ts KATHLEEN F. GREENE
LEGAL DESCRIPTION: PARCEL 166
A PARCEL OF LAND BEING THE NORTH 50. 00 FEET OF THE SOUTH 80.00 FEET OF THAT PARCEL OF
LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1607, PAGE 842 OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA, LYING WITHIN TRACT 13, INDIAN RIVER FARMS COMPANY PLAT OF LANDS,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25 , PUBLIC RECORDS , SAINT
LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 171 TOWNSHIP 32 SOUTH , RANGE
39 EAST, INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 0 .429 ACRES, MORE OR LESS.
CERTIFIMON.
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE
WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472. 027, FLORIDA STATUTES, AND IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS
FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT VAUD.
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
THERE HAS BEEN NO FIELD WORK, VIEWING OF THE
PERRY C. WHITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION
PROFESSIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN
LICENSE N0, 4213, STATE OF FLORIDA HEREON, NOTE: LANDS SHOWN HEREON WERE NOT
DATE: 9/26/07 ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND
EASEMENTS OF RECORD.
PROJECT MANAGER DEPARTMDfr MANAGER SCALE cHECIO:D BY
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S. L.C.R.
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OWNERS: JANIE E. GREENE
ELLIS GREENE, KATHLEEN F. GREENE
ADDRESS: 53RD STREET I
VERO BEACH, FL., 32967
co PID — 32391700001013000002. 1
I N O. R.B. 16071 PG. 842
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OFFSET: 36.00 L I o I OFFSET: 43.57 L
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STA: 809 +90.22 SOUTH LINE OF TRACT 5 STA: 813+64. 10
OFFSET: 14.00 R SOUTH LINE OF SECTION 30-32 - 39 OFFSET: 6 . 42 R
N89048 '46"E
60 ' SUB -LATERAL A- 9 " CANALJ (BEARING BASE)
INDIAN RIVER FARMS CO. PLAT OF LANDS
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zoet viae a ey Tei. (561 ) Ww7GWP001053 1053SD166
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please make checks payable to:
Morris Engineering , Inc .
964 Lake Baldwin Lane, Suite 200
Orlando, FL 32814
407-893-6894
fax 407-893-6851
bill to:
Raymer F . Maguire 111 , Esquire
Fixel , Maguire & Willis
1010 Executive Center Drive
Suite 121 Invoice Date : 5/27/2009
Orlando , Florida 32803 Invoice Number: 01632Hwl
Invoice Amount Dues
1 $ 1 ,207.50
JOB : Greene Parcels 165/166
66th Avenue , Indian River County
Engineering Analysis
i
Description Hours Rate Fee Total i
Principal 5. 0 $230 . 00 $ 10150.00 $ 1 , 150 . 00
Subtotal $ 1 , 150 .00
Expenses $57. 50
Total Fee Due $ 1 , 207 . 50
f
i
I
i
See attachment for detail.
Payment is due upon settlement of compensation for subject parcel .
EXHIBIT
i, Aft 11
Work Descriptions for Daniel L. Morris, P. E.
- 1632h
Joh Nante 661h Avenue, P1651166, Greene
Date Hours Task Work Description
5/8/2009 1 .0 analysis of construction plans
5/21 /2009 1 .5 prepare for and attend telephone conf with attorney
5/22/2009 1 .5 prepare driveway sketch
5/27/2009 1 .0 settlement assistance
Tota ! Hours: 5. O
I
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t
lf'ednesda = Iqy 27, 2009
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