HomeMy WebLinkAbout2009-298 1P .1 R AL l
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AGREEMENT TO PURCHASE A TEMPORARY CONSTRUCTION
EASEMENT
THIS AGREEMENT TO PURCHASE A TEMPORARY CONSTRUCTION EASEMENT
("Agreement") is made and entered into as of the 17 day of November 2009 by and
between Kevin Irby (" Sellers") and Indian River County , a political subdivision of the State of
Florida ("County") , who agree as follows :
1 . Agreement to Purchase Temporary Construction Easement The Seller hereby agrees to grant t
to the County a temporary construction easement ( " Easement " ) upon the terms and conditions set
forth in this Agreement, that certain parcel of real property located at 1586 43rd Avenue, Vero
Beach, County of Indian River, State of Florida and more specifically described in Exhibit " A, "
containing approximately 3 , 330 . 0 square feet ( 10 ' x 330 . ') .
2 . Purchase Price , Effective Date , Term . . The purchase price (the "Purchase Price") for the shall
be One- Thousand-Five-Hundred- Eighteen-Dollars & 00/ 100 ($ 1 , 518 . 00 ) . 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 . The term of this easement shall begin upon
approval of this agreement by the Indian River Board of County Commissioners and will be in force
from the date of commencement of the 43rd Avenue road project and expire 30 days after
completion of the project .
3 . Closing .
3 . 1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take
place within 45 days following the Effective Date of this Agreement . The parties agree that the
Closing shall be as follows :
3 . 2 The Seller shall execute and deliver to the County a Temporary construction easement over
the property described in Exhibit A .
3 . 3 The County and Seller agree that the following personal property such as, fences landscaping
material, irrigation and parking areas may be required to be removed . Indian River County shall
replace or compensate for any improvements that are impacted and will deliver possession of the
property to seller in the same or better condition than before the commencement of the project .
3 . 4 County shall pay the following expenses at Closing :
3 . 4 . 1 The cost of recording the Easement and any Documentary Stamps required to be affixed to the
Easement .
4 . 0 Miscellaneous ,
4 . 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 .
4 . 2 Condemnation . In the event that all or any part of the Property shall be acquired
or
condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation
proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have
the option to either terminate this Agreement , and the obligations of all parties hereunder shall cease ,
or to proceed , subject to all other terms , covenants , conditions , representations and warranties of this
F : AEngineering\Robert Webb\notice to owner\irby Purchase Agretment. 43rd . doc
Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property ;
receiving , however, any and all damages , awards or other compensation arising from or attributable
to such acquisition or condemnation proceedings . County shall have the right to participate in any
such proceedings .
4 . 3 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
Seller 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 .
4 . 4 Assignment and Binding Effect. Neither County nor Seller may assign its 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 .
4 . 5 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, as follows :
If to Seller : Kevin Irby
292 Old Dixie Highway
Vero Beach, Florida 32962
If to County : Indian River County
180127 th Street, Vero Beach, FL 32960
Attn : Bob Webb Land Acquisition
Either parry may change the information above by giving written notice of such change as provided
in this paragraph .
4 . 6 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 .
4 . 7 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 .
4 . 8 . Counterparts . This Agreement may be executed in two or more counterparts , each one of
which shall constitute an original .
4 . 9 . County pproval Required : This Agreement is subject to approval by Indian River County as
set forth in paragraph 2 .
4 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership, limited partnership ,
corporation, trust, or any form of representative capacity whatsoever for others, Seller 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
F :AEngineering\Robert Webb\notice to owner\irbyPurchase Agroment. 43rd . doc
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 Seller is a non -public entity, that
Seller is not required to disclose persons or entities holding less than five (5 %) percent of the
beneficial interest in Seller.
IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first
set forth above .
SELLERS INDIAN RIVER COUNTY, FLORIDA
BOA Q OF COUNTYICOMMISSIONERS
By : 4t �S
Kevin rby r Peter D . 0 ' Bryan , dlia i rman
Date Signed : Novomberyl7 , 2009
Date Signed : / u _ ,
Joseph A . Baird '
Co ty Administrator
fo
f TTEST : J . K . Barton , Clerk
By : zeooz
/Deputy Clerk
Date Signed :
Approved as to form and Legal Su ficiency .
By gy/n, W�
4vv County Attorney
F :\Engineering\Robert Webb\notice to owner\irbyPurchase Agre3ment. 43rd . doc
TEMPORAP, Y CONSTRUCTION EASEMENT
Thus I Eli aPnP k Rte ' C NS T Ri 1C T IN 10?' T E • ^F,IvIE11 T, made and executed this
may of , A . D . , 200by Kevin M . Irbw whose address is
292 Old Dixie Highway, Vero Beach Florida 33432 hereinafter called GR.Ah'TOR to
Indian Fiver County , a politi :, al subdivision of the State of Fior " a. whose address is
ia
1 X40 25t1i Street Vero Beach, Florida 32960, hereinafter called GRANTEE ,
WITNESSETH :
That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other
consideration, receipt of which is hereby acknowledged, does hereby grant unto the
GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across , and
beneath the following described land, situate in Indian River County , Florida, to-wit :
EXHIBIT "A " AT'T'ACHED HERETO AND MADE A PART HEREOF
This easement is for purposes of installation of a drainage structures ; grading, sod and all
work incidental to the project . This easement shall exist only until the completion of the
construction work for the 43rd Avenue project; County Project No . 9601 .
IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and
year first above written .
Signed , sealed, an delivered
I the presenc . of
Witness Si at rantor Signature _
Printed N ✓ e - Printed Name : Pe A Irby
Witness Signature (Q
Printed Name : ail
Witness Signature
Printed Name :
Witness Signature
Printed Name :
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoin ' strument wascknowledged before me this 'd5hecl
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20M & by on behalf of s e, de/+hey/ is/are
personally icnown to me or prod ced ►'' I [Ale /' 5 Ias identification.
Si
cLuu8ium4AaAW No ary Public
; Commission # DD611983
Expires November 6, 2010
p' Banal Troy Fain • Insumnee. Inc 900*30,7019
Exhibit "A "
wcsf 10 Feet of the fr) 1I OWM cr riascrib4lrl •
Lots 4 , 5 , 6 and 7, Block 1 , VALENCIA: PARK; according to the Plat
thereof as recorded in Plat Book 1 , Page 46 , of the Public Records
of Indian River County, Florida . Less and Except that certain
property conveyed to Indian River County in Official Record Book
7711 Page 1324, Public Records of Indian River County, Florida .
The Less and Except portion conveyed to Indian River County is
described : The West 10 feet of Lots 6 and 7 , Block 1 , and that
portion of Lot 5 , Block 1 , lying Westerly of a line parallel with and 10
feet Easterly of the tangential portion of the Westerly line of said Lot
5 , as said Lots and Block are designated and delineated on the Plat
of Valencia Park filed in Plat Book i , Page 46, of the Public Records
of Indian River County, Florida .
Tax I . D . # 10 -33 - 39 - 00006 - 0010 - 00004 . 0