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HomeMy WebLinkAbout1989 06 02 - Offerf Z/1 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 June 2, 1989 CERTIFIED MAIL Mr. & Mrs. John A. Sorenson 616 South Highway 30 A Panama City, FL 32401 Re: Lot 3, Block 208, Unit #10, Sebastian Highlands Dear Mr. & Mrs. Sorenson: Please consider this letter our formal offer to purchase the above referenced lot. I enclose a proposed Contract for Sale and Purchase between John A. Sorenson And Grace A. Sorrenson and the City of Sebastian. We have carefully reviewed the value of lots in this block. In fact, we have purchased seven (7) of the nine (9 ) lots in this block which are needed for this project. We believe the offer of $4,500 accurately reflects the value of this lot. We ask you to carefully consider our offer. This lot is an integrate part of the design of the overall Barber Street Sports Complex, which is a youth oriented complex consisting of five (5) playing fields. At least four (4) of the fields will be lighted for night play. Additionally, the Barber Street Sports Complex is the location of Sebastian's Creative Playground. Be assured that the City of Sebastian wishes to work with you in acquiring this real estate. Should you have any questions or concerns, I ask you to contact me. I point out that we would also consider arranging for a trade of a similarly situated lot within the Sebastian Highlands should you prefer to look at a trade as opposed to a sale. The City is finalizing its plans for the Barber Street Sports Complex. Therefore, we shall appreciate your response to this offer at your earliest possible convenience. Mr. & Mrs. John A. Sorenson June 2, 1989 Page #2 I must point out, that this offer is subject to ratification by the City Council of the City of Sebastian. I look forward to hearing from you in the near future. However, should you have questions, will you please call? Sincerely, Robert S. McClary City Manager RSM/jmt Encl. CONTRACT FOR SALE AND PURCHASE PARTIES: JOHN A. SORENSON AND GRACE A. SORENSON, HUSBAND AND WIFE (sellar), of 616 SOUTH HIGHWAY 30A, PANAMA CITY, FLORIDA 32401 (Poona ), and CITY OF SEBASTIAN, FLORIDA, A F MDA MUNICIPAL CORPORATION of CIO FRESE, FALL.ACE, NASH & TORPY, P.A.' 930 S. HARBOR CITY RT.UD-, ME-ROURNR (Phone 984-1100 h hereby agree that.the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property 1"Personal ") (collectively -property") upon the following terms and conditions which INCLUDE the Standards for Real Estate Transactions printed on the reverse or attached ("Standards ") and any addendum to this Instrument. 1. .DESCRIPTION: (a) Legal description of Real Property located in ' V. n s,ry re . V nw County, Florida (b) Street address. city, zip, of the Property to :::: SI; MEET, : L RJORMA (c) Personalty: NONE - VACANT Mil II. ' PURCHASE PRICE ....................................................... . .......................$ 4.500.00 PAYMENT: FRESE FALLACE NASH & TORPY P.A. TRUST 100.00 (a) 'Deposigs) to be fend in escrow by � > > (n the amount of $ (b) Subject to AND asgymption of mortgage in good standing in favor of NA P!H having an approximate present principal balance of $ 0.00 (c) Purchase money mortgage and mortgage role bearing annual interest at % on terms set forth herein, in amount of .......... $ 0.00 ld) Other: NA $ 0.00 (e) Balance to close (U.S. cash,. LOCALLY DRAWN certified or cashiers check), subject to adjustments and pronation ....................... $ 4,00-00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer isnot ezeculeC by and delivered to all parties on or before -nM 26, 1989 , the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date");.will, be the date when the last one of the Buyer and the Seller has signed this offer. IV. FINANCING: (a) If the purchase price or any n3rt of A is to be financed by a third party ban, this Contract for Sale and Pumhas "Conlmcl" is conditioned on the Buyer obtaining a written commitment for the Wan within LVA ' daysfromEffective Date, at an Initial interest rate not to exceed %; term of _ NA years; and in the principal amount of $ NA . Buyer will make application within. NA days from Effective Dale, and use reasonable diligence to obtain the loon com- mite.nt and, Iheneaftar, to meet the terms and conditions of the commiliment and to close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain the ban commitment and, promptly notifies Seller In writing, or after diligent effort falls to meet the terms and conditions of the commitment or to waive Buyer's rights under this subparagraph within the time stated for obtaining the commitment, then either party may cancel the Contract and Buyer shall be refunded the depositls). (b) The existing mortgage described in Paragraph II(b) above has (CHECK (1), OR (2)U (1) ❑ a variable interest g���e OR (2) ❑ a fixed interest rate of L` A % per @�n�um. At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed 1`1t�% per annum. Seller shall, within a days from Effective Date, furnish a statement from all mortgagees statug principal balances, method of payment, interest rale and status of mortgages. If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgageee,,((gqrr assumplWn, then Buyer shall pro�rpjly obtain all required applications and will diligently complete and return them to the mortgagee. Any mortgagee charges)rot to exceetl$ �` j_ shall be paid by -`)EM tit not filled in, equally divided). It the Buyer is not accepted by mortgagee or the requirements for assumption arenot in accordance. with the terms of the Contract or mortgagee makes a charge in excess of the stated amount, Seller or Buyer may rescind this Contract by pfgtnpl written notice to the other party unless either elects to pay the increase in interest fate or excess mortgagee charges. V. TITLE EVIDENCE: Al least 1_days before closing date, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (Check (1) or (2)):.(1) 11 abstract of title OR.(2)Kl. title insurance commitmanl. VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papem delivered on (17 171S. 9 , unless extended by other provisions of Contract. VII. RESTRICTIONS: EASEMENTS: LIMITATIONS: Suver shall lake title subieot to: zoning. restriClions. Drohibitions and other reouirements imposed by novernmenial allthority'NuaY9Yplt1 years assumed mortgages and purchase money mortgages, if any. other. provided, that there exists at closing no violation of the foregoing and none of them prevents use of Real Properly for purpose(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but it Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall bestated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise staled herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from dale of occupancy, shall be responsible and liable for maintenance from that dale, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise, stated herein or in a separate writing. IX, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. X. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider or equivalent may be allwhed. XI. COASTAL CONSTRUCTION CONTROL LINE. ("CCCL") RIDER: If Contract is utilized for the sale of Propend affected by the CCCL, Chapter 161, F.S., (1985), as amerded, stall apply and the CCCL Rider or equivalent may be attacfeffto this Contract. XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (-FIRPTA-) RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which could require Seller to provide additional cash at closing W meal withholdingTmquuemenls, and the FIRPTA Rider or equivalent may be attached to this Contract. XIII. ASSIGNABILITY: (CHECK (1) or RD: Buyer (1) KI may assign OR (2) ❑ may rot assign Contract. XIV, SPECIAL CLAUSES: (CHECK (1) or MY Addendum (1 XX is attached OR (2)0 is rel applicable. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. Approval does not conslifule an opinion, that any of the ferns and conditions In this Contract should be accepted by the parties th a particular hansactbn. Temps and condiecrs should be negotiated based upon rhe respective Interests, objectives and bargaining positions of all interested persons. COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC. CITY OF SEBASTIAN,'FLORIDA, A FLORIDA MUNICIPAL CORPORATION RV • - Date Date (Bayer) RICHARD B. VOTAPKA, AS MAYOR (Seller) JOHN A. SORENSON Social Security or Tax I.D. a (Buyer) Social Security or Tax, I.D. r Social Security or Tax I.D. i Date (Seller) GRACE A. SORENSON Social Security or Tax I.D. e Deposits) under Paragraph I I received; IF OTHER THAN CASH, THEN SUBJECT.TO CLEARANCE. FRFSE, FALLACE, NASH & TORPY, P.A. (Escrow Agent) LJ r er a r to pay e broker name below, including coo eratin sub -agents named, according to the terms of an existing, OR p g 9 ng. separate listing a9reoment: ❑ IF NO LISTING AGRE IS CURRENTLY IN EFFECT:^ eller shall pay the Broker ne elovw al hone o c sing, from the disbursements of the proceeds of the sale, compensation in ount of (COMPLETE 014LY ONE) % of gross purchase price OR $ _ for Broker's servbes in effecting the sale by finding the Buyer ready. and able to purchase pursuant to the foregoing Contract. If Buyer fails to perform and deposil(s) is retai O% thereoL but Int exceeding the Brokers fee above pr , shall be paid Broker, as lull consideration for Brokers services including costs expended by Broker, and the balances pad to Seller. It the transaction shall n e because of refusal or Iailum of Seller to perform, Seller shall pay the full fee to Broker on demand. In any litigation arising our of the act concerning the Brok e, the prevailing party shall recover reasonable attorney fees and costs. name of Broker) RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR. 002-87b(1/88) ADDENDUM TO CONTRACT FOR SALE AND PURCHASE BY AND BETWEEN: CITY OF SEBASTIAN, FLORIDA, A FLORIDA MUNICIPAL CORPORATION AS BUYER AND JOHN A. SORENSON AND GRACE A. SORENSON, AS SELLERS FOR PROPERTY KNOWN AS: LOT 3, BLOCK 208 UNIT 10, SEBASTIAN HIGHLANDS THE PARTIES HERETO AGREE AS FOLLOWS: 1. Sellers and Buyer represent to each other that no broker is being used to facilitate this transaction; no listing agreement is currently in effect, no broker's fees will be charged either party in the performance of this Contract. Sellers shall hold Buyer harmless from any brokerage fees and any costs, expenses or attorney fees incurred by Buyer as a result of any claims for fees or commission. 2. This Contract and the Buyer's obligations pursuant to this Contract are expressly contingent upon the following conditions: A. Ten (10) days prior to closing, Sellers shall at Sellers' expense, deliver to Buyer a current survey, satisfactory to the Buyer, of the property identified in the face of this Contract by a licensed land surveyor showing all improvements, if any, including buildings, fences, patios, decks, sidewalks, driveways, are within the lot lines and showing no easement violations and no encroachments of improvements from adjoining property. B. The Buyer obtaining at least ten (10) days prior to closing, the ratification and approval of the City Council of the City of Sebastian of this Contract and the terms and provisions contained in this Contract for the purchase of the subject property. C. The Buyer, at its option, obtaining an appraisal satisfactory to Buyer verifying that the fair market value of the property is a minimum of $4,500.00 Should any of the above contingencies not be met to the satisfaction of the Buyer, the Buyer will have the right, but not the obligation, to declare this Contract null and void; all earnest money deposits paid by the Buyer will immediately be returned to the Buyer; and all parties will be relieved of any further responsibilities or obligations pursuant to the terms and provisions of the Contract. 3. Closing of this transaction shall occur at the Sebastian City Hall or at a place mutually agreed upon by the parties. Signed this day of , 1989; WITNESSES: BUYER: THE CITY OF SEBESTIAN, FLORIDA, A FLORIDA MUNICIPAL CORPORATION BY: RICHARD B. VOTAPKA, AS MAYOR ATTEST: KATHERYN M. O'HALLORAN, CMC/AAE, CITY CLERK Signed this day of 1989; WITNESSES: SELLERS: JOHN A. SORENSON GRACE A. SORENSON THIS INSTRUMENT PREPARED BY AND RETURN TO: Charles Ian Nash, Esquire FRESE, FALLACE, NASH & TORPY, P.A. 930 S. Harbor City Blvd., Suite 505 Melbourne, Florida 32901 (407) 984-3300 -2- Thursday, June 8, 1989 PARKS AND RECREATION COMMITTEE MINUTES The Parks and Recreation Committee met at 3:09 P.M. on Thursday, June 8, 1989 in the first floor conference room, County Administration Building, 1840 25th Street, Vero Beach, Florida. Present were Richard N. Bird, Chairman; John McDonald, Indian River Shores; Jean Carter, Indian River County School Board; Pat Callahan, Recreation Director; and Michael Wodtke, City of Vero Beach (arrived 3:11 P.M.) Absent were Leroy Hiers, Valarie Brant, and George Schum. Also present were Rex Hailey, Parks Superintendent; Jim Davis, Public Works Director; Flo Whiteside, Board of Realtors; Pete Sturgill, interested citizen; Tim Elder, Urban Forester; Bob Keating, Community Development Director; Robb McClary, Sebastian City Manager; Peter Jones, Sebastian City Planner; Dave Fisher, Sebastian City Engineer; Leland Gibbs, Planning and Zoning Commission; William Collins, Assistant County Attorney; L. S. "Tommy" Thomas (arrived 4:03 P.M.); and Alice E. White, Recording Secretary. Chairman Bird called the meeting to order and since a quorum was not present, he said approval of the minutes of the May 11 meeting would be delayed in the hope that some more members would arrive. REQUEST FOR INCREASED NORTH COUNTY RECREATION FUNDS TO ASSIST IN CONSTRUCTION OF BARBER STREET SPORTS COMPLEX IN SEBASTIAN Mr. McClary asked for a long-term relationship between the City of Sebastian and the County to construct the Barber Street Sports Complex. The total cost is estimated to be $580,000, and would be paid over a five year period. He said he has talked to North County Recreation, and they are agreeable to spending the $40,000 that the County gave them for 1988-89 on the complex. Ile also asked that the County increase the amount they give North County Recreation to $50,000 for the next five years; he also asked that the $40,000 for 1988-89 be rolled over and combined with next year's amount, bringing it to a total of $90,000. 1 Phase I will cost $180,000; Sebastian will contribute $90,000 to match the County's $90,000. Sebastian will try to maintain the complex at City expense. Mr. McClary said they would like to become part of the interlocal agreement that the City of Vero Beach and the County has, or negotiate an interlocal agreement of their own with the County. Chairman Bird stated that he would like to see a County -wide recreation department, and he thought an.interlocal agreement was a good idea. He went on to say, it might be difficult for this Commission to make a firm commitment of funds for a future Commission. Attorney Collins said this Commission cannot commit a future Commission beyond the next fiscal year. At each fiscal year's budget you can include funds that would tie into a five year capital program; you can adopt a capital improvement program over a longer range that would contemplate funding at these levels, but you cannot commit a future commission to some funding level that will be determined based on the tax assessments they make and other competing needs. Mr. McClary said the City of Sebastian is in the same Position; they are not asking for a written agreement from the County. If there is not enough money in future years, that phase of the construction will be eliminated. It is the City's intention that their fair share of the funding will come from the local option sales tax. Mrs. Callahan expressed her feeling that both of the north fields should be multi-purpose fields. The Committee briefly discussed the importance of having multi-purpose fields. It was pointed out that, although a paved parking area is more expensive than a non -paved area, it is easier to maintain and would be more cost effective to operate. The park will have a community park designation in Sebastian's comprehensive plan. Mr. Davis remarked, his feeling is that any future funding commitment made by the County for recreation should be included in the comprehensive land use plan, and ought to be compatible 2 with what the County is doing overall. If this Committee endorses the concept of the park, it should be included in the draft of the County's recreation plan for parks and recreation areas in the north district. Included in the plan should be a cooperative program between the County and City to provide the facility, and have it adopted formally. Mr. McClary stated that they do not want to lose the $40,000 committed for this year. He said that Joe Baird, County Budget Director, told him if the money is hot spent this year, it will not carry over. Construction is scheduled to begin in November, and they will need the money at that time. He continued, North County Recreation has already included this project as their number one priority. Chairman Bird asked how the County and City would share this complex in their comprehensive plans. Mr. Jones stated that he did not think this would be a problem. Mr. Keating recommended that the County not adopt a level of service for the complex. Chairman Bird commented that the Commissioners will want to feel comfortable about an interlocal agreement and that there will be no discrimination in the future between City and non -City participants. Mr. McClary replied that it* is not in their thinking to charge any fee differential. ON MOTION by Michael Wodtke, SECONDED by Pat Callahan, the Committee unanimously voted 5-0 to endorse the project in concept, and recommended that the County Commission roll the $40,000 over to the next budget year and approve $50,000 in the budget for FY 1989-90 making a total of $90,000, and coordinate the comprehensive plans to utilize this complex in the long range planning section of the County comprehensive plan. 3 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER Print your name, address, and ZIP Code in the space below. • Complete items 1, 2, 3, and 4 on the reverse. • Attach to front of article if space permits, otherwise affix to back of article. • Endorse article "Return Receipt Requested" adjacent to number. U.S.MAIL PENALTY FOR PRIVATE USE, $300-- -- RETURN Print Sender's name, address, and ZIP Code in the space below. TO Robert S. McClary, City Manager City of Sebastian P. 0. Box 780127 Sebastian, Florida 32978 *SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will Provide you the name of the person delivered to and the date of delivery. For additional fee; the following services are available. Consult postmaster for fees and check box(es) for additional servi-e(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery T (Extra charge)t f (Extra charge)t 3. Article Addressed to: 4. Article Number P-534 256 372 Mr. & Mrs. John A. Sorenson 616 South Highway 30 A Panama. City, Fl. 32401 Type of Service: El Registered El Insured Certified ❑ COD ❑ Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. 5. Sign h ressee X 8. AedAddress Y if requested and fee paid) 6. eignature — Agent X 7. Date of Delivery PS Form 3811, Mar. 1987 * U.S.G.P.O. 1987-178-268 DOMESTIC RETURN RECEIPT