HomeMy WebLinkAbout01-24-2018 CC Agenda w CRA4-t L*
SEBAST_N
HOME. OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
& COMMUNITY REDEVELOPMENT AGENCY
REGULAR MEETING
AGENDA
WEDNESDAY, JANUARY 24, 2018 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE
Procedures for Public Input are on Back of Agenda
1. CALL TO ORDER
2. INVOCATION — Deacon John Dunlop, St. Sebastian Catholic Church
3, PLEDGE OF ALLEGIANCE — Led by Council Member lovino
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or action under this heading.
18.012 A. Sebastian Clambake Foundation — Presentation of Proceeds to 2017 Beneficiaries
Brief Announcements
1/26/98 — Chamber Concert in the Park — 2dh Street Jazz Band — 5:30 to 8 pm
219/18 — Chamber Concert in the Park — Professor Pennygoode's Band — 5:30 to 8 pm
2/10 & 2/11 — Sebastian Craft Club Show — 10 am to 3 pm — Riverview Park
7. Recess Citv Council Meetina and Convene as Communitv Redevelopment Aaencv
A. Call to Order
pg 5 B. Approve Minutes — December 13, 2017 CRA Meeting
C. Consider Septic -to -Sewer Proqram Grants
pgs 6-7 (Transmittal, Summary)
pgs 8-20 i. 936 US Highway 1 - 936 Building, LLC (Application, Deed, Tax Receipt, Plan)
pgs 21-48 ii. 1327 N. Central Avenue - Sebastian Oaks (Application, Deed, Tax Receipt, Plan)
D. Adjourn
8. Adiourn Communitv Redevelopment Aaencv Meetina and Reconvene as Citv Council
1 of 286
9. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member City Council so requests; in which event, the
item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent
agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the
meeting or by raising his/her hand to be recognized.
pgs 49-57 A. Approval of Minutes — January 10, 2018 Regular City Council Meeting
18.013 B. Approve Fiscal Year 2018/2019 Budget Calendar (Transmittal, Calendar)
pgs 58-59
18.014 C. Approve the 2018 Pelican Island Wildlife Festival in Riverview Park on March 3,
pgs 60-63 2018 from 10 a.m. to 4:00 p.m. (Transmittal, Letter)
18.015 D. Approve Alcoholic Beverages at Community Center for Meyer Event on February 17
pgs 64-66 from 4:30 pm to 8:30 pm - DOB Verified (Transmittal, Application, Receipt)
18.016 E. Award Consultant Service Agreements for Professional Planning and Landscape
pgs 67-98 Architect to GAI Consultants, Inc.; Kimley-Horm and Associates, Inc.;
Redevelopment Management Associates, Inc. for Three Years with Two Optional
One Year Extensions (Transmittal, Summary, Agreements)
10. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City
committee member nominations and appointments under this heading.
18.017 A. Police Pension Board of Trustees
pgs 99-103 (Transmittal, Application, Ad, List)
i. Interview, Unless Waived, Submit Nomination for One Civilian Position —
Term to Expire January 2022
11, PUBLIC HEARINGS - None
12. UNFINISHED BUSINESS
17.136118.008 A. Approve City Attorney Agreement with James D. Stokes, Esq. (Transmittal, Hourly
pgs 104-112 Agreement, Flat Rate Agreement)
18.009 B. Approve City Manager Search Agreement with Colin Baenziger & Associates in the
pgs 113-164 Amount of $26,500 (Transmittal, Contract, Attachments)
17.084118.018 C. DMC Earth Embankment Design/Engineering Update (Transmittal, Proposal)
pgs 165-170
17.034118.019 D. Approve Submission of Airport Master Plan Update Study (Draft) to the FAA for
pgs 171-186 Review (Transmittal, R-16-18, Transmittal, Summary, Web Link)
13. PUBLIC INPUT
New information or requests to City Council not otherwise on the prepared agenda
14. NEW BUSINESS
17.098118.020 A. Consider the Purchase of Real Property — 1215 Indian River Drive (Transmittal,
pgs 187-286 Advertisement, Appraisal, Bids/Offers/Counters, Last Offer, F.S.166.045)
2 of 286
15. CITY ATTORNEY MATTERS
18.021 A. Indian River County Delegation of the Indian River Lagoon National Estuary Program
(IRLNEP) Citizens Advisory Committee (CAC) is hosting a listening meeting to obtain
input from all citizens on Tuesday, February 13, 2018 at 6 pm at the Indian River
County School District Office, 6500 57th Street, Vero Beach
16, CITY MANAGER MATTERS
17. CITY CLERK MATTERS
18. CITY COUNCIL MATTERS
A.
Council Member Dodd
B.
Council Member lovino
C.
Council Member McPartlan
D.
Mayor Jim Hill
E.
Vice Mayor Linda Kinchen
19. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote
of City Council)
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT
MEETINGS.
All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of
Sebastian Website www.cityofsebastian.org.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL.
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Future Council Meeting Dates:
February 14, 2018 Regular City Council Meeting
February 28, 20918 Regular City Council Meeting
March 14, 2018 Regular City Council Meeting
March 28, 2018 Regular City Council Meeting
3 of 286
PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10
Reqular Citv Council Meetinqs
Public input is ALLOWED under the headings:
✓ Consent Agenda
✓ Public Hearings
✓ unfinished Business
✓ New Business
✓ Public Input
Public input is NOT ALLOWED under the headinos:
✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
✓ Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
✓ City Council Matters
✓ Charter Officer Matters
Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings.
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City
Council may extend or terminate an individual's time by majority vote of Council members present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of
the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of
a member of City Council or City staff. Individuals shall not address City Council after commencement of
City Council deliberation on an agenda item after public input has concluded, provided, however, the
Mayor and members of City Council may recall an individual to provide additional information or to answer
questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted
and may result in expulsion from the meeting. The Chair shall make determinations on such remarks,
subject to the repeal provisions below.
Appealinq Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City
Council shall overrule any decision of the Chair.
Public Input Headina on Aqenda
The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED
AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are
asked to provide copies of material for Council one week prior to the meeting if they intend to refer to
specific material. City Council will not debate an issue during Public Input but may by consensus direct a
Charter Officer in regard to the item if necessary or place a requested item on a future agenda.
4 of 286
Regular City Council & CRA Meeting
December 13, 2017
Page Two
Added A. Indian River Laqoon Council Award
The Community Development Director displayed a mounted photo and said the Indian River
Lagoon Council wanted to formally express their gratitude to Council for providing office and
meeting space for the Lagoon Council. The photo was taken on Indian River Drive across
from Little Mud Creek by David Fischer of St. Lucie County.
7. Recess Citv Council Meetina and Convene as Communitv Redevelopment Aqencv
A. Chairman Hill called the CRA meeting to order at 6:06 p.m. Vice Chairperson
Kinchen, Mr. Dodd, Mr. lovino, Mr. McPartlan, and Chairman Hill were present.
B. Approve Minutes — November 22, 2017 CRA Meeting
MOTION by Mr. Dodd and SECOND by Vice Chairperson Kinchen to approve the
November 22, 2017 CRA minutes passed with a voice vote of 5-0.
C. Approve Facade, Sian and Landscape Grant — Pareidolia Brewinq Co.,
712 Cleveland Street (Transmittal, Proqram Summarv. Application)
The Community Development Director said the Pareidolia Brewing Co. has
relocated their existing business and is requesting assistance with their sign. Staff
recommended approval.
MOTION by Vice Chairperson Kinchen and SECOND by Mr. McPartlan to approve
the Fagade, Sign and Landscape Grant to Pareidolia Brewing Co.
Damien Gilliams, 1623 US Hwy 1, said there will be product manufacturing in a
non -permitted zoning area. He asked if it is an authorized use before the Agency
approved the grant.
ROLL CALL: Mr. Dodd - aye Mr. lovino - aye
Mr. McPartlan - aye Mr. Hill - aye
Vice Chairperson Kinchen - aye
Motion carried 5-0.
D. Approve Seotic-to-Sewer Grant — Marine Bank & Trust Companv. 1020 U.S.
Hiahwav 1 (Transmittal, Application, Deed, Tax Receipt. Plan)
The Community Development Director reported the Bank would like to convert their
septic system and recommended approval.
MOTION by Mr. Dodd and SECOND by Mr. McPartlan to approve the grant award to
the Marine Bank and Trust Company.
ROLL CALL: Mr. lovino - aye Mr. McPartlan — aye Mr. Dodd - aye
Chairman Hill —aye Vice Chairperson Kinchen — aye
Mr. Dodd - aye
Motion carried 5-0.
E. Chairman Hill adjourned the CRA meeting at 6:11 p.m.
8. Adiourn Communitv Redevelopment Aclencv Meetina and Reconvene as Citv Council
5 of 286
(Mor
SE
HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY
TRANSMITTAL FORM
CRA MEETING DATE: 24 January 2018
AGENDA ITEM TITLE: Septic -to -Sewer Program Grant Application
RECOMMENDATION: Approve both grant applications up to the maximum allowed
BACKGROUND: In accordance with the Septic -to -Sewer (SSP) Grant Program,
two property owners have submitted grant applications for their parcels located within the CRA
district. Both properties will be removing septic tanks along with connecting to the Indian River
County's wastewater sanitary system. One of the applicants, Sebastian Oaks, will be removing
two (2) septic systems. Complete grant applications have been provided, including a copy of the
deed, proof of taxes paid, and a wastewater connection design plan as submitted from the
following applicants:
• 936 U.S. Highway 1 — 936 Building LLC — Adam Pruess - $15,000
• 1327 N Central Avenue — Sebastian Oaks — 8 units - $30,000
If approved, an award can be granted up to the maximum amount
of $15,000 per septic system for reimbursement of costs incurred with design, removal, and
connection. The first $10,000 of the award will be paid equally from the CRA and Indian River
Lagoon Council grant funds, with the next $5,000 covered solely by the CRA.
If Agenda Item Reauires Exnenditure of Funds:
Total Cost: $45,000 Maximum
Amount Available: $180,000
If Cost Requires Appropriation: NIA
Administrative Services Department/CFO Review:�
v
ATTACHMENTS: For each application: 1. Application
2. Deed
3. Tax receipt
4. Construction plan
City Manager Authorization:
Date: 16 January 2018
6 of 286
SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY
Septic -to -Sewer Grant Program
Account Summary To Date
T04 funding in program
Lew0fands disbursed
Lesbands awarded, but not yet disbursed
Available Funds Remaining
$330,000
$60,000
$90,000
$180,000
Inclusive through January 2018
Grants
Funding Date
Funds
Funds
Funds to
Awarded
Awarded
Disbursed
be
disbursed
CRA Budget Addition
2016 thru 2018
$230,000
Indian River Lagoon Council
Contributions
$100,000
2016 thru 2018
17 -SSP -1
Del's Barber Shop
1413 N. Central Ave.
3/8/2017
$15,000
$15,000
17 -SSP -2
Ace Hardware
712 Cleveland St.
3/8/2017
$15,000
$15,000
17 -SSP -3
Teddy's Cleaning
916 U.S. Highway 1
3/8/2017
$15,000
$15,000
17 -SSP -4
Sebastian Center
1624 U.S. Highway 1
3/8/2017
$15,000
$15,000
17 -SSP -5
Sebastian Animal Hospital
948 U.S. Highway 1
5/24/2017
$15,000
Pending
$15,000
17 -SSP -6
Titone Properties, LLC
1753 N. Indian River Dr.
5/24/2017
$15,000
Pending
$15,000
17 -SSP -7
Thomas Haynes
705 Cleveland St.
5/24/2017
$15,000
Pending
$15,000
17 -SSP -8
Kenneth & Diane Chapin
1400 U.S. Highway 1
7/26/2017
$15,000
Pending
$15,000
17 -SSP -9
Marie Terranova
1016 Indian River Dr.
11/22/2017
$15,000
Pending
$15,000
17 -SSP -10
Marine Bank & Trust Company
1020 U.S. Highway 1
12/13/2017
$15,000
Pending
$15,0001
18 -SSP -1
936 Building LLC
936 U.S. Highway I
Pending
18 -SSP -2
Sebastian Oaks
1327N. Central Ave.
Pending
T04 funding in program
Lew0fands disbursed
Lesbands awarded, but not yet disbursed
Available Funds Remaining
$330,000
$60,000
$90,000
$180,000
Inclusive through January 2018
i. 936 U.S. Highway 1— 936 Building LLC
SmA577AN CRA — SEPTtc-TO-SEWER GRANTPROGRAM
APPLICATION NO.
SEBASTIAN CRA SEPTIC -TO -SEWER GRANT PROGRAM
GRANT APPLICATION
1. APPLICANT INFORMATION
Name of Applicant: 93('. 13� .1 n, LLC (APAv4 ?kgCS5 "NAL<X)
Mailing Address: 9
RECEIVED
Phone Number: -?,(,,5 -
Cell Number: "� �� 13 - 53 � g
E-mail Address: aa°�@ �rLre.�SCi�pv(0.,�a�5.CA1�
2. PROJECT LOCATION
Address of Property:Vim_„_I �y ,&� ) I
Parcel Number(s): 3 I- -� 9 - o `- oa 013 - G 0
Property Tax Status: -Pd Cv rr-q nT+
City of Sebastian
Community Devcloprrent Dept.
3. DESCRIPTION OF PROPOSED IMPROVEMENTS
F4-- C+,^4, oNV io(;.a hn5o fl
4. ESTIMATED COST '
Please provide information on the following items:
A. Cast of Current Septic System Closure $ 10 e>6
B. Estimate of Connection to Indian River Utility System $ 6f `!E
C. Permitting $ )5'6
D. Design and Construction Costs $ Zooa G
TOTAL ESTIMATED PROJECT COSTS
Approved by CRA Board -- 218117
$ 272?3
Page 2
9 of 286
SEaAs'nAn1 CRA—SEPTit-TO-.SEWER GRANrPRoGRAM
Has the applicant applied for other regulatory grant funding to remove the targeted septic
system? (Please check appropriate answer) YES 7.NO
If Yes, please answer the following questions.-
Who
uestions:Who was the grant award from?
�%A I
How much was the total award? $
Signature(s) At/ owners must sign.
The information supplied in this application is true and correct.
Printed Neme and Title
Signature
STATE OF F.c4R.l Dia,
COUNTY OF---T-mb+Ate_N`eR .
,4 0AM
Rin 7
me and Title
Signature
D
The foregoing instrument was acknowledged before me this N� day of JA Nu A(- -f
2A. by AI)Atl M\3 E S S r -w ti, A CR -,P -
who
s-Rwho isiare personally known to me or has/have produced as
identification.
MY COMM SS ON I �F106%4
EXPIRES: July 26, 2018
f :Bonded Thru Notary Public Underwriters
(SEAL.) s,,;�d' �••
Notary Pubiic, Commission No. FF 106 %�
/e '/ (Name of Notary, Printed or Typed)
This Section for City Use Only
Date Application Received.-
Date
eceived.Date Application Reviewed:
I
Recommendation to CRA:
Action by CRA.-
Approved
RA:
Approved by CRA Board — 218{17 Page 3
10 of 286
16/1218 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 1909 PG: 1685, 07/27/2005 02:26 PM DOC STAMPS D $0.70
Prepared v and return to:
Barry G. Segal, Esq.
Attorney at Law
Barry G. Segal, P.A.
2801 Ocean Drive Suite 204
Vero Beach, FL 32963
772-234-3006
File:Number: quitclaim10
Will Call No.: Box 92.
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed -made this 24th day orf'May, 2005 between Adam `B. Preuss and Traci L Preuss, husband and
wife whose post office address is 936 U.S. Highway One, Suite A, Sebastiaq, FL 32958, grantor, and 936 Building, LLC.,
a Florida limited liability company whose post office address is 936 U.S. Highway One, Suite A, Sebastian, FL 32958,
.grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS (510.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and' assigns forever, the following described land,
situate, lying and being in Indian River County, Florida to -wit:
Lot 6 and Lot 7, Block 3, less and except the: westerly 26.11 feet thereof, W.A. Martin Subdivision,
according to the Plat thereof, as recorded in Plat Book 3, Page 12, Public Records of St. Lucie County,
Florida; said lands now lying and being in Indian River County, Florida.
Parcel Identification Number: 31390600013003000006.0
This is a transfer from to a Florida company owned and operated by the Grantors.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31,, 2004.
In Witness Whereof, grantorhas hereunto set grantor's hand and seal the day and year first above written.
Doubleiimee
11 of 286
ah: xyuy rU: Ibes0
Signed, sealed and delivered in our presence:
Witne s Naim:
it ss Name:
W itnes�ame: U A
State of Florida
County of Indian River
Seal)
Ada . Preuss
-Pq,)
Traci J. Preuss
The foregoing instrument was acknowledged before me this 24th day of Adam B_ Preuss and Traci J. Preuss,
who [ j are personally known or [X] have produced a driver'
[Notary Seal)
Printed Name:
My Commission Expires:
My Comm*,,,, DD?
kora 10, 2009
Warranry Deed - Page 2
DoubleTimee
12 of 286
Carote jean Jordan, cr c 2017 PAID REAL ESTATE
Indian RNerCounly Tmc Collector NOTICE OF AD VALOIREM TAXES AND NON -AD VALOREM ASSESSMENTS
.ALT. KEYACCOUNT NUMBER 1935
PROPIERTYADDRESS TAX CODE ESCRO30983 3139-06-0007.3-0030-00006l'n135 HIGHWAY 1 A, SEBASTIAN 1 32958 _ 2A
-SKIP THE TRIP - Pay onritte zt, ! 4RNw'.TRCrax=om
IFPostmarked By Nav 30, 2017
Please -Pay 9x0.00
Discount
936 BUILDING LLC
.936 US HIGHWAY I.ST-E.A
SEBASTIAN, FL 32958
-t ort;
W, , PI 1AR�SUB PBS 3-12 LOT 6 LESS WLY 26.11
FT& LOT 17 -, LESS WLY2&21 FT B
See Additianal Legal anTax Roll
Paid 11/08/2017 Receipt 083-00000958 000002079-0004 $5,855.89
PAY TN U.S. FUNDS TO CAROLE SEAN 3DRDAN, TAX COLLECTOR - P.O. BOX 1509, VERO BEACH, FL 32961-1549 - Ph. (7721226-1343
SlaP THE TRIP - .Pay online at Wvuvlr.XRCTax.com
If Postmarked By Nov 30, 2017
I� Please Pay $0,00
1 Discount
936 BUILDING LLC
936 US HIGHWAY 1 STE A
SEBASTIAN, FL 32959
Legal Description:
VV,A MARTINS SUB PBS 3-12 LOT LESS WLY 26.11
ET&LOT 7-,LESSWLY 26.11.FTB
l See Additional Legal an Tax Rol€
Paid 11/08/2017 Receipt # 183-00000958 000002079-000413 of 28k..55.89
Taxing Authority
Telephone
Wilage
Assessed Value Exemption
Taxable Value TaxAmount
a
COUNTY GENERAL FUND
772-226-1214
3.4604
299,695
0
299,695 1,037.06
FALU
EMERGENCY SERV DIST
772-226-1214
2.3655
299,695
0
299,695 708.93
22
SCHOOL STATE LAW
772-564-3180
4.3050
327,287
0
327,287 1,408.97
aly
SCHOOL LOCAL
772-564-3180
2.7480
327,287
13
327,287 999.38
Luo
CITY OF SEBASTIAN
772-388-8205•
3.4000
299,695
0
299,695 1,018.96
a,(2
ST JOHNS RIVER WATER
386-329-4500
0.2724
299,695
0
299,695 81.64
=Z
SEBASTIAN INLET
321-724-5175
0.0937
299,695
0
299,695 28.08
>.MOSQUITO
CONTROL
772-562-2393
0.2515
299,695
0
299,695 75.37
WLU
HOSPITAL DISTRICT
772-770-0935
0.8894
299,695
0
299,695 266.55
La
FLORIDA INLAND NAVIG
561-627-3386
0.0320
299,695
D
299,695 9.59
zLU
LAND ACQUISITION BND 04
772-226-1214
0.2955
299,695
0
299,695 88.56
O p,
H
a2:
IT°W N11a3e
18.1134
ToWAd Valorem Tates $5,623.091
s-4 �-
lWll'li:i _Ii1�1=�* - _i. �z}iil'
TcWbW VaiCN'amAwe=*ffts $476.80
�n
Authority
Telephone
Amount
Taxes& $x,,099,891
COUNTY LANDFILL FEE
772-226-1340
249.38
F<-
SEBASTIAN STORM WATER SERVICES
772-388-8232
227.42
Tom( QlieSt1011S
uaSL
�3
(72) 226-1343
Sran to Pay Online
-----------------------------------------------------_------------------------------------_---------
R DEMCH THIS P'ORUGH AND RETESiitN SHIM YOUR PAVJ ENT4
Carolejeanjordan,cFc
0wgt"�
2017
PAID REAL ESTATE
Indion River Counly Tax Collector NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS
( ALT. KEY
ACCOUNT NUMBER
PROPERTY ADDRESS
TA_XCODE
1
ESCROW
30983
1 31-39-06-00013-0030-00006/0
1936
US HIGHWAY 1 A, SEBASTIAN, 32958
2A
SlaP THE TRIP - .Pay online at Wvuvlr.XRCTax.com
If Postmarked By Nov 30, 2017
I� Please Pay $0,00
1 Discount
936 BUILDING LLC
936 US HIGHWAY 1 STE A
SEBASTIAN, FL 32959
Legal Description:
VV,A MARTINS SUB PBS 3-12 LOT LESS WLY 26.11
ET&LOT 7-,LESSWLY 26.11.FTB
l See Additional Legal an Tax Rol€
Paid 11/08/2017 Receipt # 183-00000958 000002079-000413 of 28k..55.89
INDIAN RIVER COUNTY
DEPARTMENT OF UTILITY SERVICES
MAJOR USER WASTEWATER AND/OR WATER
UTILITIES CONSTRUCTION PERMIT
APPLICATION FORM
A. APPLICANT
NAME c)3( �„7a�n� L� ��4Ann P�u�SS mAIVA6uz)
ADDRESS 93L
CITY Sf_�A_ , ,oN STATE Ft-- ZIP CODE
TELEPHONE( )` a- 9i3 - 53(Q
B. OWNERIAUTHORIZED REPRESENTATIVE IIF DIFFERENT FROM APPLICANT)
NAME
ADDRESS G�`R C41-
CITY (11Ci CAA STATE f L ZIP CODE 3 -_06
TELEPHONE ( )n- lQ - SS9 , 3 69 9
C. PROJECT /
PROJECT NAME C13Co �� ,.l . n� [ Ptv�e 5T /1�v�A+ s,ot 'Stir -v) Q -S)
PARCELID 31.�G.C(- eDo E3 C3030
LEGAL DESCRIPTION L -9::;-r ( 155 L�iU! m1 .11 f' Lo" i- 7 VJ-AANA c_r,N5 Slti
TYPE OF PROJECT '5p P- x 5-r,. T
HOURS OF OPERATION '9 wry - S .v_r�-
ANTICIPATED CONSTRUCTION SCHEDULE START NAkrcN I Zo
COMPLETION JvN*"� 1, c t
HAS PROJECT HAS BEEN REVIEWED BY PLANNING BOARD, PRE -
APPLICATION AND TECHNICAL REVIEW COMMITTEES YES
NO
PRE -APPLICATION AND/OR PROJECT No. ASSIGNED BY PLANNING BOARD
No. __U4,A
ALL PROJECTS WILL REQUIRE AN ENGINEERING REPORT SUBMITTED WITH
THE UTILITY APPLICATION PERMIT DEFINING THE PROPOSED PROJECT'S
IMPAC_ HE INDIAN RIVER COUNTY DEPARTMENT OF UTILITYSERVICE
SYSTEiI(INITIAL)
PAGE 1
14 of 286
THE SCOPE OF THE ENGINEERING REPORT SHALL BE DEPENDENT ON THE
COMPLEXITY OT THE PROPOSED PROJECT FOLLOWING CUSTOMARY
ENGINEERING STANDARDS, GUIDELINES WILL BE MADE AVAILABLE AT THE
INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICE
-r5 (INITIAL)
D. METHOD (S) OF FLOW DERIVATION (CHECK APPROPRIATE LINE (S)
( ) EQUIVALENT RESIDENTIAL UNIT DETERMINATION TABLE
( j SPECIFIC REQUIREMENTS FOR INDUSTRIAL USE
( ) EXISTING FACILITY/PREVIOUS RECORDS
1. ERU DETERMINATION TABLE (COPY ATTACHED).
TYPE OF ESTABLISHMENT Tt� ('Q SSI-N.A L b R l cE
SQUARE FEET 3 '? a'a s-�
APPLICABLE UNITS Z4 IA �-A'Tvs v4A�g
WATER:
PROJECTED FLOW � (ERUS) x 250 GALLONS I DAY = GPD(ADF)
WASTEWATER:
PROJECTED FLOW ERUS) x 250 GALLONS I DAY = ��U GPD (ADF)
2. SPECIFIC INDUSTRIAL USE:
TYPE (S) OF USE N A
WATER:
PROJECT FLOW N ��
WASTEWATER: j
PROJECT FLOW
3. EXISTING FACILITYIPREVIOUS RECORDS:
THE INDIAN RIVER COUNTY UTILITIES DEPARTMENT MAY CONSIDER THE PAST
RECORDS OF AN EXISTING OPERATIONAL FACILITY FOR DETERMINING PROPOSED
FLOW REQUIREMENTS FOR A NEW DEVELOPMENT, PROVIDED THE APPLICANT
SUBMITS SUFFICIENT INFORMATION TO ALLOW THE DEPARTMENT TO DETERMINE
ANTICIPATED FLOW. THIS INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO,
TWENTY-FOUR MONTHS OF PREVIOUS WATER BILLS AND A COMPLETE LISTING OF
THE DIFFERENCES IN THE EXISTING AND PROPOSED FACILITY SUCH AS SIZE, HOURS
OF OPERATION, TYPE OF USES, NUMBER OF EMPLOYEES, ETC.
E. GENERAL:
ADDITIONAL WATER FLOW ANTICIPATED FOR PROJECT PHASING, BUT NOT
REQUESTED
(ESTIMATED) 0
PAGE 2
15 of 286
ADDITIONAL WASTEWATER FLOW ANTICIPATED FOR PROJECT PHASING, BUT NOT
REQUESTED
(ESTIMATED) I'j /,A 0
HIGH STRENGTH WASTE - YES* NO
* IF YES, COMPLETE AN INDUSTRIAL WASTE PERMITAPPLICATION
B O D (BIOCHEMICAL OXYGEN DEMAND) IJ 1-
S S (SUSPENDED SOLIDS) t.? 1 L
PHOSPHORUS 114
F. OTHER REQUIREMENTS:
1_ WILL THE DEVELOPMENT UTILIZE THE FOLLOWING?
RETROFIT EXISTING PLUMBING FIXTURES WITH
WATER SAVING DEVICES YES X NO
IRRIGATION REUSE SYSTEMS YES x NO
IF YES, PLEA SEATTA CHA STA TEMENT CERTIFIED B Y A PROFESSIONAL ENGINEER
REGISTERED IN THE STA TE OF FLORIDA INDICATING THE EXTENT OF SAVINGS, TO
INCLUDE SUPPORTING THE DOCUMENTED HISTORICAL DATA.
PLEASE NOTE: MANUFACTURERS LITERATURE IS NOTADIrQUATE.
2. ZONING
EXISTING ZONING ON PROPERTY TO BE DEVELOPED C P�
IS EXISTING ZONING APPROPRIATE FOR PROPOSED DEVELOPMENT?
7< YES NO
3. PLATTING
IS THE PROPERTY PLATTED APPROPRIATELY TO SUPPORT THE PROPOSED
DEVELOPMENT? -< YES NO
IF YES, PLEASE INDICATE THE PLAT BOOK AND PAGE NUMBER
PLAT BOOK 3 PAGE 1 a-
4. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
IS A tiAIATER OR SEWER EXTENSION REQUIRED? YES NO
PAGE 3
16 of 286
IF YES, THE APPLICANT MUST OBTAIN THE REQUIRED FDEP PERMIT PRIOR TO THE
ISSUANCE OF A COUNTY PERMIT
5. SITE PLAN
YOU ARE REQUIRED TO SUBMIT A SITE PLAN INDICATING ANY ON OR OFF -BETE
SANITARY SEWER AND/OR POTABLE WATER LINE CONSTRUCTION AND THE POINT OF
CONNECTION(S) TO THE COUNTY'S EXISTING SANITARY SEWER AND/OR POTABLE
WATER SYSTEM.
6. ITEMS SUBMITTED WITH CHECK LIST
❑ PROPERTY APPRAISERS MAP/EQUIVALENT (FOR LOCATION)
a SITE PLAN (REQUIRED)
❑ BUILDING PLANS
❑ FDEP PERMIT APPLICATION WITH CONSTRUCTION PLANS AND SPECIFICATIONS
7. SEE ATTACHED PROJECT CHECKLIST OF ITEMS REQUIRED FOR FINAL PROJECT
CO
SIGNED
DATE 1- a L 01 7
TYPE OR PRINT
APPLICANT: NAME AND TITLE
PAGE
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Earth Efnbankmeni Design Specdicatiens Page 3
City of Sebastian Southern Drainage Canal acid INWorvay System
DMC Proposal ft 17-137-01
Task 2: Preliminary Engineering Design Services
• DhIC will generate the typical cross sections and general specifications for the earth
embankment canal slope repairs, will submit them for City review at the 30%, 60% and 90%
completion stages, and will be finalized based on the City's comments.
• DMC will provide preliminary engineering comments and recommendations regarding the
stormwater drainage and canal conveyance of the system associated with the earth
embankment canal slope repairs and new canal cross-section geometries, under the
assumption that all the subject canal slopes were to be repaired at the same time.
• DNIC will provide one general cost estimate for each typical cross section provided,
Task 3: Permitting Services
• DMC will conduct meetings with the St. Johns River Water Management District (SJRWMD)
to review the typical cross sections and general specifications for the earth embankment
canal slope repairs. in addition, we will discuss with SJRWMD any mitigation measures
that may be required, and the process for obtaining a 10aster Permit" to expedite the
permitting process when specific canal slope repairs are needed.
• DMC staff will submit complete environmental resource permit (ERP) applications to all
necessary agencies, and will respond to any requests for additional information (RAIs) until
the permits are issued.
• Please note that any permit fees will be the City's responsibility.
FEE ESTIMATE
Our fees associated with the aforementioned tasks are summarized below and are itemized in the
attached Fee Estimate Breakdown. Additional services (e.g., assistance with securing potential
grants from funding agencies) can be quoted upon request.
Task 7: Site Reconnaissance and Review of Background Information ........... S14,620.00
Task 2: Preliminary Engineering Design Services ........................................... S 23, 920.00
Task 3: Permitting Services' .................
Total Estimated Fees ...........................
' Does not include any permit fees.
.......................................... S 20.140. 00'
.......................................... S 58,880.00*
Earth Embankment Design Specifications Page 3
City of Sebastian Southern Drainage Cana: and Watervay System
DhIC Proposal No. 17-137-01
AUTHORIZATION
We appreciate your consideration and look forward to working with you on this project. Please
contact us if any questions arise or if we may be of service in any way.
Respectfully,
Dredging & Marine Consultants, LLC
Will B. Cornelius II, P.E.
Geotechnical Engineer/ Manager
Attachment: f=ee Estimate Breakdown
Dredging & Maxine Consultants
DXC
ENGINEERS • SCIENTISTS
Fee Estimate Breakdown
Client: City of Sebastian
Project Name: Preliminary Ergineering Design and Permitting Services
Earth Embankment Oesign Specifica6ans
DMC Project Manager: will 6 Cornelius II, P E
Task Descriptions:
Task 1: Site Reconnaissance and Review of Background Information
Task 2: Preliminary Engineering Design Services
Task 3: Permitting Services
Rate
Principal
I S
150
Senior Civil Engineer
I S
110
Chief Ecologist
1 S
135
1 Geotechnical Engineer I Ph1
1 S
120
1 Engineering Professional
1 S
105
Environmental Professional
I S
95
I` CADD Technician
1 S
75
Admin
15
55
Boa t(per day l 1 S 250
Total VMC Hours
Total DMC Labor Cost
Note: Does not include any permit fees.
Date:
Total Hours
2.1
52
48
96
132
84
6-t
52
2
554
August 17. 2017
Cost I
3.600.00
7,280.00
6.480.00
11.520.00
13.860 00
7,980.170
4.800-00
2.860.00
500.00
58,880.001
170 of 286
Table A: DMC Labor
I
Task 1
I Task 2
I Task 3'
Hours
.00
8
8
3
.001
16
24
12
.001
16
8
24
.00
24
48
24
00
24
60
48
.00
21
20
40
.00
a
40
16
.00
a
24
20
00
2
0
0
130
232
192
S
14,820.00
S 23,920.00
S 20.140.00
Date:
Total Hours
2.1
52
48
96
132
84
6-t
52
2
554
August 17. 2017
Cost I
3.600.00
7,280.00
6.480.00
11.520.00
13.860 00
7,980.170
4.800-00
2.860.00
500.00
58,880.001
170 of 286
LM Lf
SETIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: 24 January 2018
Agenda Item Title: Airport Master Plan Update Study (Draft)
Recommendation: Approve submission of Airport Master Plan Update Study
(Draft) to the FAA for Review.
Background: On 27 July 2016 City Council authorized an Airport Master
Plan Update Study and Airport Layout Plan (ALP) to satisfy the need for a long range
planning investigation of Sebastian Municipal Airport as recommended by the Federal
Aviation Administration (FAA). The most recent Airport Master Plan was completed in
2002. The FAA strongly recommends Airport Master Plans be kept current according to a
I0 -year cycle. It is important to recognize that FAA funding for Airport Improvement
Project (AIP) Grants is hinged to information shown in the Airport Master Plan and ALP.
The consulting firm of Toltz, King, Duvall, Anderson and
Associates (TKDA) is the approved CCNA Airport Consultant tasked with developing the
new Airport Master Plan Update Study. TKDA will brief City Council on its progress.
TKDA seeks Council's approval to forward the draft Airport Master Plan Update Study and
ALP to the FAA for review, and comment, as a required step leading to the finished report.
Attachments include an Executive Summary of the report and a
link to the full report on the City's website.
Agenda Item Requires NO Expenditure of Funds:
Administrative Services Department/CFO Review:
Attachments: 1. R-16-18
2. Agenda Transmittal — 27 July 2016
3. Executive Summary
4. http://public.cityofsebastian.org/PDFs/AP/APMasterPlanUpdate.pdf
City Manager Authorization:
Date: 16 January 2018
�l
171 of 286
RESOLUTION NO. R-16-18
A RESOLUTION OF THE CITY OF SEBASTAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO PROVIDE FUNDING FOR AN AIRPORT MASTER PLAN
FOR THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFILICT;
PROVIDING FOR EFFECTIVE DATE.
Whereas, the Florida Department of Transportation and the Federal Aviation
Administration (FAA) have agreed to provide funding for an updated Airport Master Plan
study at the Sebastian Municipal Airport; and
Whereas, the City of Sebastian agrees to certain conditions to such funding;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIN, as follows:
Section 1. AUTHORIZATION. The City Manager is hereby authorized to
execute the attached FDOT PUBLIC TRANSPORTATION JOINT PARTICIPATION
AGREEMENT for Project No. 439715-1-94-01 on behalf of the City, and is attached
hereto.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Council Member
Gi11mor
The motion was seconded by Council Member Coy and,
upon being put to a vote, the vote was as follows:
Mayor Bob McPartlan
_aJxP
Vice Mayor Jerome Adams
aye
Council Member Andrea B. Coy
ave
Council Member Jim Hill
ave
Council Member Richard Glllmor
19VR
172 of 286
The Mayor thereupon declared this Resolution duly passed and adopted this 27th
day of July, 2016,
CITY OF SEBASTIAN, FLORIDA
/ { ��
By. 'fir
Mayor Bob McPartlan
ATTEST:
Approved as to form and legality for reliance
} by the City of Sebastian only:
anette Williams, MMC
ity Clerk
Robert A. Ginsburg, City Attorney
173 of 286
SEBASTIAN
�.�
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meeting Date: 27 July 2016
Agenda Item Title: FDOT Joint Participation Agreement (JPA)
Recommendation: Approve Resolution R-16-18. Approve Airport Master Plan
and Airport Layout Plan Studies.
Background: The Sebastian Municipal Airport (SMA) Master Plan and
Airport Layout Plan (ALP) were last completed in 2002. The FAA `strongly suggest'
Airport Master Plans be kept current on a 10 -year cycle. To qualify for FDOT and FAA
grants, the SMA Master Plan and ALP must be updated.
SMA Staff applied for joint funding support from the FDOT
and FAA for Master Plan and ALP assistance. This instant request for Council approval
represents the FDOT funding segment of the project. Total project cost is estimated at:
$216,000. The FDOT and City/Airport share is 5% respectively, or $10,800 each. The FAA
contribution is 90%, or $194,400. It is anticipated that the FAA grant for the project will be
forthcoming in the next few weeks. At the appropriate time, Staff will bring that grant
contract forward for Council approval. .
If Agenda Item Requires Expenditure of Funds:
Total Protect Cost:
S216,000
FAA Funding
S 194,400 (90%)
FDOT funding:
S 10,800 (5%)
City/Airport Match:
S 10,800 (5%)
Amount of Appropriation Required: $10,800 (DST)
Administrative Services Department/CFO Review: i C1� �
Attachments: 1. R-16-18
2. FDOT JPA 439715-1-94-01
City Manager Authorization: /
Date: 15 July 2016
174 of 286
CIR C F
Sebastian Municipal Airport SEBAST"
Master Plan Update
HOME OF PELICAN ISLAND
EXECUTIVE SUMMARY
Airport Master Plan
At the request of the Federal Aviation Administration (FAA) and Florida Department of Transportation
(FDOT), partial sponsors of this study, a new Airport Master Plan, Layout Plan and Property Map were
created to document changes at the airport since the last Master Plan in 2002 and Airport Layout Plan
Update in 2010. The purpose of a Master Plan is to identify 20 -year demand, facility needs, alternatives,
and provide a capital improvement program and financial analysis for the City of Sebastian to address
anticipated demand. A graphical representation of the Master Plan process is shown as follows:
F
Pysis
Plan
Airport Layout Plan
Airport Sustainability Fand
Recommended Development
Environmental Review and
Recommendations
Capacity and Facility Needs
The study began in November 2016, and is anticipated to be completed following regulatory agency
review and conditional approval by March 2018.
In conjunction with the Master Plan Update, an Airport Environmental Study was performed in tandem
with the Master Plan process. This allowed recommendations identified in the Environmental Study to
be incorporated into the Master Plan recommendations especially regarding potential future use of 88
acres previously identified as conservation. It is important to note that Conservation on an Airport is not
deemed by the Federal or State as a valid or approved airport land use. Thus, TKDA's environmental
specialist worked directly with local, state and federal environmental and wildlife organizations and
governmental entities to development a Habitat Conservation Plan (HCP) for the Airport.
Executive Summary i
Draft — January 2018 Tl<q�! f jg
Cn Of
Sebastian Municipal Airport
Master Plan Update ._ _=
HOME OF PELICAN ISLAND
As a requirement of receiving Federal and State funding for capital improvement projects, airports and
their sponsor must comply with FAA and FDOT grant assurances. Therefore, as part of the initial
meeting process, some preliminary airport goals were identified including the Airport's long-term
sustainability vision statement:
"To maintain and improve the Airport to serve the needs of the Sebastian community and
Treasure Coast Region, promote economic growth in the region, while managing and
developing the airport in an economically, socially compatible and environmentally sustainable
manner that conserves natural resources, protects the environment, promotes airport safety
and economic self-sufficiency and compatibility with the local community." (2018 Sebastian
Airport Master Plan)
• Design and construction of Taxiways C, D and E
• Expansion of the general aviation apron southwest of the T -hangar aprons to support
installation of Shade Hangars and aircraft parking
• Potential installation of helicopter parking facilities adjacent to the GA terminal building
• Construction of large clearspan hangar, designated Hangar C, on the south side of the airport
property
• Zoning and potential approach obstruction issues related to residential development
• Upgrade of SuperAWOS to new dual frequency ASOS
• Potential use of airport property currently designated as conservation
• Expansion of Sky Diving facilities
• Potential development near Corporate Park Drive and adjacent to closed runway
• Develop plan to make the airport economically self-sufficient through on -airport development,
negotiated lease agreements, expansion of services,
• Identify and Implement Airport Sustainability Initiatives and Targets, etc. Airport sustainability is
defined as "a holistic approach to managing an airport to ensure: Economic Viability,
Operational Efficiency, Natural Resource Conservation and Social Responsibility.i'
This was not an exhaustive list but merely a "jumping off point" for the Master Plan process.
Sebastian Municipal Airport caters to recreational users as well as some light and experimental aircraft
manufacturers. Due to the Airport's proximity to conservation and residential land uses as well as the
Vero Beach Regional and Melbourne International Airports, the Sponsor and Management agreed that
the Airport will cater mainly to aviation recreational activities. This along with forecast demand, drove
proposed airport development recommendations. Approved demand forecasts and critical design
aircraft are illustrated as follows:
1 Airport Council International — North America and Federal Aviation Administration Environmental Division
Executive Summary
Draft — January 2018 TKD�g�A�ii
Sebastian Municipal Airport
Master Plan Update
�lI' Lf
SEIBAS-T,"
NOME OF PELICAN ISLAND
On -Demand Air Taxi
3,598
3,822
4,846
6,439
8,546
11,327
6.20%
6.13%
5.99%
7.94%
5.90%
Total Passenger Enplanements
3,598
3,822
4,846
6,439
8,546
11,327
6.20%
6.13%
5.99%
5.94%
5.90%
OPERATIONS
Itinerant Operations:
Air Carrier
0
0
0
0
0
0
0.00%
0.00%
0.00%
0.00%
0.00%
Commuter
0
0
0
0
0
0
0.00%
0.00%
0.00%
0.00%
0.00%
On -Demand Air Charter
0
0
0
0
0
0
0.00%
0.00%
0.00%
0.00%
0.00%
On -Demand Air Taxi
1,779
1,852
2,171
2,614
3,144
3,776
4.13%
17.19%
20.41%
20.26%
20.11%
Total Commercial Operations
1,779
1,852
2,171
2,614
3,144
3,776
4.13%
17.19%
20.41%
20.26%
20.11%
5010 General Aviation
14,144
14,178
14,150
13,758
13,049
11,983
0.24%
-0.20%
-2.77%
-5.15%
-8.17%
Operations
Other General Aviation
Operations (Light Sport and
506
524
645
787
986
1,232
3.60%
23.04%
22.09%
25.25%
24.97%
Experimental)
Military
0
0
0
0
0
0
0.00%
0.00%
0.00%
0.00%
0.00%
Total Itinerant Operations
16,429
16,555
16,966
17,159
17,179
16,991
0.76%
2.48%
1.14%
0.11%
-1.09%
Local Operations:
Recorded (5010) Civil
23,422
24,042
26,801
30,889
35,604
41,011
2.65%
11.47%
15.25%
15.26%
15.19%
Operations
Other General Aviation
Operations (LS and
4,552
4,716
5,216
5,268
5,176
4,928
3.60%
10.61%
0.99%
-1.74%
-4.79%
Experimental)
Military
0
0
0
0
0
0
0.00%
0.00%
0.00%
0.00%
0.00%
Total Local Operations
27,974
28,758
32,017
36,157
40,780
45,939
2.80%
11.33%
12.93%
12.79%
12.65%
TOTAL OPERATIONS
44,403
45,313
48,983
53,316
57,959
62,930
2.05%
8.10%
8.85%
8.71%
8.58%
Day Operations
44,325
45,239
48,902
53,226
57,859
62,819
2.06%
8.10%
8.84%
8.70%
8.57%
O
Night Operations (19:00 -
78
74
81
90
100
111
-5.62%
9.87%
11.08%
10,94%
10.81%
000
Instrument Operations (NPI)
688
702
759
826
898
975
2.05%
8.10%
8.85%
8.71%
8.59%
d')
Executive Summary
iii
Draft — January 2018
TKDA Aviation
00
O
h
N
00
M
Sebastian Municipal Airport
Master Plan Update
,R OF
SE BA$T�N
HOME OF PELICAN ISLAND
PEAK OPERATIONS FORECAST (April 2017)
Peak Month
4,089
4,173
4,511
4,910
Average Day Peak Month
136
139
150
164
Peak Hour
16
16
18
19
OPERATIONAL FLEET MIX
0.00%
12.50%
5.56%
10.53%
Single -Engine Piston
33,737
34,308
36,673
39,919
Multi -Engine Piston
2,348
2,372
2,463
2,550
I Turboprop
3,234
3,366
3,939
4,733
Jet
0
0
14
16
I Civil Helicopter (CH)
26
27
33
42
Light Sport Aircraft
1,517
2,217
3,182
3,877
Other (Experimental Gliders,
3.85%
22.22%
27.27%
26.19%
UAVs, Ultralights, etc.)
3,541
3,023
2,679
2,178
TOTAL OPERATIONAL FLEET
44,403
45,313
48,983
53,316
MIX
0.00%
0.00%
0.00%
0.00%
BASED AIRCRAFT FLEET MIX FORECAST
62,930
2.05%
8.10%
Single -Engine Piston
42
53
56
59
Multi -Engine Piston
4
4
3
2
Turboprop
3
3
3
4
Jet
0
0
1
1
Civil Helicopter
0
1
1
1
Light Sport Aircraft
3
5
8
12
Other (Experimental, Gliders,
7
7
7
7
UAVs, Ultralights, etc.)
11.63%
11.63%
17
24
I TOTAL BASED AIRCRAFT
59
73
80
86
I Sources: Airport historical data, .2017 FAA TAF, .2015-34 FDOT
FASP, and
TKDA 2017
5,337
5,795
2.05%
8.10%
8.85%
8.70%
8.58%
178
193
2.21%
7.91%
9.33%
8.54%
8.43%
21
23
0.00%
12.50%
5.56%
10.53%
9.52%
43,408
47,149
1.69%
6.89%
8.85%
8.74%
8.62%
2,636
2,722
1.02%
3.84%
3.53%
3.37%
3.26%
5,680
6,809
4.09%
17.00%
20.17%
20.02%
19.87%
19
23
0.00%
0.00%
0.00%
0.00%
16.00%
53
67
3.85%
22.22%
27.27%
26.19%
26.42%
4,344
4,769
46.14%
43.53%
21.84%
7.2.05%
9.79%
1,818
1,391
0.00%
0.00%
0.00%
0.00%
0.00%
57,959
62,930
2.05%
8.10%
8.85%
8.71%
8.58%
63
63
25.72%
5.99%
5.23%
6.96%
0.00%
0
0
0.00%
-25.00%
-33.33%
0.00%
0.00%
4
4
2.00%
8.24%
10.40%
10.40%
10.40%
1
1
0.00%
0.00%
0.00%
0.00%
0.00%
1
2
0.00%
9.20%
11.63%
11.63%
11.63%
17
24
71.19%
61.89%
49.89%
34.19%
43.51%
7
7
0.00%
0.00%
0.00%
0.00%
0.00%
93
101
23.73%
9.16%
8.22%
7.98%
8.43%
Executive Summary iv
Draft - January 2018 TKDA Aviation
Sebastian Municipal Airport
Master Pian Update
Current Airport Design Aircraft
Beechcraft King Air 200 (— 12,500 lbs.)
,M C4_
SEBAsiri'"
HOME OF PELICAN ISLAND
Future Airport Design Aircraft
Beechcraft King Air 350i (-15,000 lbs.)
V-
PAIlr
AMA%
I
--- —' II IIIc I�Ii11LL l.1 Yip
From this information, it was determined that the following facilities were needed to support forecast
demand:
• Taxiway expansion and
parallel taxiway to Runway 5-
23
• Shade hangars and
box/corporate style hangars
• Aircraft tie -down parking
• Utility expansion and
upgrades
• Jet A Fuel Facilities
• Roadway and Taxiway
infrastructure improvements
• Runway End Identification Lighting
• Parachute drop zone markings
• Helicopter parking pads
• Runway obstruction removal
• Fence relocation and extension, and
• Airfield signage
• Change identifier from X26 to SEB
• Use 88 acres of Airport Property identified in the HPC
and incidental take agreement for aviation related
development.
A runway length analysis was performed for both Runways 5-23 and 10-28 to determine if an extension
to either runway is required. No extension was required to support future aircraft demand. Further,
Runway 10-28 is recommended to support small (12,500 lbs. or less) aircraft only. This allowed for
runway safety areas associated with Runway 10-28 to decrease, thus eliminating some previously
recommended land acquisition and opening up additional space for revenue generating facilities.
The Planning Team also considered the highest and best use of airport property, and identified aviation
and non -aviation revenue generating facilities to support the Airport's long-term operating needs and
local capital project participation. Some recommendations included providing flexible building space
along Airport East Drive to support potential use by governmental, educational, and private entities.
Other recommendations included relocating the City's Public Works complex to airport property, and
Executive Summary v
Draft — January 2018 TK9&6
Crn Cf
Sebastian Municipal Airport SEBAST"
Master Plan Update's-
HOME OF PELICAN ISLAND
possible expansion of Skydive Sebastian support facility development adjacent to Airport Drive West.
The following graphic illustrates the 20+ -year development plan.
Several capital and maintenance projects at Sebastian Municipal Airport are eligible for FAA AIP
entitlement and discretionary funding as well as FDOT funding. It was recommended that the
Sponsor/Airport fund site development (i.e. utilities, roadway access, some property clearing, etc.), but
have third parties pay for actual hangar and building construction. The cost of the site preparation could
be built into the lease agreements. The Airport Capital Improvement Program also considered money
from the FDOT Hangar Loan program and economic development programs in addition to their
traditional grant participation.
The typical breakdown of Federal, State and Local funding based upon historical data and current
funding rates is as follows:
FAA Eligible Capital Projects
Annual FAA Entitlement Funding
(may be saved up to 5 years)
Non -Federally Eligible Projects or
Low Valued Federally Funded
Projects
Economic Development
Security
Sustainability Projects
Executive Summary
Draft — January 2018
90%
$150,000 annually
5%
Entitlement Funds
UA to 80% of Project Cost
($150,000 Annually)
Not Applicable
Department provides up to 50% of total
project costs
Could be as high as 100% of project
Not Applicable
costs, but assumed for this study no
more than 80%
Potential 90% funding
Department provides up to 80% of non -
depending upon project
federal share
5%
20%
50%
20%
Remaining
Portion (5 or
20%)
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APPRAISAL IDENTIFICATION
PURPOSE OF THE APPRAISAL
The purpose of this appraisal assignment was to develop a market value opinion of the fee
simple interest in the subject property.
DEFINITION OF MARKET VALUE'
The most probable price which a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller each act in-,
knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of sale as of a specified date and the passing of title from
se It r to buyer under conditions whereby:
1. buyer and seller are typically motivated;
2. both parties are well informed or well advised, and each acting in what he or she
considers his or her own best interests;
3. a reasonable time is allowed for exposure in the open market;
4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
5. the price represents the normal consideration for the property sold unaffected by
special orereative financing or sales concessions granted by anyone associated with
the sale.
INTENDED USE AND CLIEN T/INTENDED USER OFTHEAPPRAISAL
The intended use of this appraisal is to assist the client/intended user, the City of Sebastian
and City Manager, Joe Griffin, in evaluating the property that is the subject of this appraisal
for the purpose ofdetermining a fair purchase price.
PROPERTY RIGHTS APPRAISED
The property rights appraised herein are the fee simple estate.
�Appraisal Institute. TheAooraisaIofRea IEstate, Thirteenth Edition, 2008, page 24-25.
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DEF INTION OF FEE S IMPLE ES TATE'
Abso lute ownership unencumbered by any other interest or estate, subject only to the
limitations imposed by the governmental powers of taxation, eminent domain, police power,
and escheat
EFFECTIVE DATE OF THEAPP RAI SAL
The effective date ofthis appraisal is November 27, 2017, which is the date: in which the
subject property was inspected for valuation.
COMPLETION DATE OF THE REPORT
This appraisal report was completed on December 18, 2017.
EXPOSURE TIMEOF THE APPRAISAL
The market value op in ion concluded herein, as of the effective date stated above, is based
upon preceding twelve to eighteen month exposure time.
REPORTING FORMAT OF THE APPRAISAL
This appraisal report is intended to comply with the reporting requirements set forth under
Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice,
EXTRAORDINARY ASSUMPTIONS
This appraisal is made subject to the extraordinary assumption that the entire subject site is
suitable fordevelopment. This extraordinary assumption is believed to be true, but if found to
be false, could alter the appraiser's opinions or conclusions.
HYPOTHETICAL CONDITION S
Due to the significant age of the existing improvements, having reached the end of their
economic life, and per the client's instructions, this appraisal is made subject to the
hypothetical condition that the existing improvements have been razed and the entire subject
site is vacant and ready for deve lopment.
'`Appraisal InstitUte.TheArloraisaIof Real Estate, Thirteenth Edition, 2008, page 111.
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IDENTIFICATION OF THE SUBJECT PROPERTY
Property Type
Vacant Commercial Land
Address / Location
1215 Indian River Drive, Sebastian, Indian River County, Florida 32958
East and west sides of Indian River Drive, less than 100 yards south of Main Street.
Parcel Identification Number
31-39-06-00000-0050-00010.0
Legal Descri tion per IRCPA.org)
COM AT NW COR OF GO V LOT 5 SEC 6-31-39,- RUN SLYALONG W BDRY 382.06 FT TO S
R/W LINE OF MAIN ST WHICH HAS 80 FT R/W, RUN, N 83 DEG 25 MIN 31 SEC E ALONG
SAID ST- LINE 179 FT TO IRON PIPE AT SE COR OF NE W US NO I & MAIN ST, ALONG E
R/W OF NEW, US NO 1 S 17 DEG 29 MIN 29 SEC E 203.40 - FT TO AN IRON PIPE FOR POB,
ALONG SAID R/W 192.50 FT TO IRON PIPE, RUN N 73 DEG, 08 MIN 31 SEC E254.7 FT TO
CON MON ON W - R/W OF OLD US NO 1 H WY, ALONG SAID R/W LINE N 25 DEG 29 MIN 29
SEC W 181.25 FT, TO AN IRON PIPE, S 76 DEG 24 MIN 31 SEC - W 229.95 FT TO POB AND
ALSO INCL THE FOLL DESC:ALL EOF US HWY# I OF FOLL:BEG, AT APT ON S SIDE
OF A 60 FT ST. 372.00 - FT & 78 3/4 DEG E 128 10/12 FT TO SE COR OF GO V LOT 1, RUN SLY
ON 30 FT ST 254 F , T TO POB; TH RUN S 14 1/4 DEG E 298 1/2 - FT; TH RUN E 450 FT TO W
SHORE OF IND RI V; TI I RUNNLY ALONG RI V SHORE 300 FT MOR, E OR LESS TO A COR
OF LAND DEEDEDTO OSC -AR M GAFFNEY, S 80 114 DEG W 400 FT TO P OB, EXCEPTING
ANYPOR NOW IN USE ASST0, RHWY LESS S 135 FT.
HISTORY OF THE SUBJECT PROPERTY
Current Owner of Record
Ruth I. Sullivan (TRS)(TOK)
2330 19'' Street
Vero Beach, FL 32960
Recent Transfer / Sales History
The last transfer/ sale history of the subject property was a quitclaim deed, executed on
December I2, 2002, in which the owner transferred the property to a revocable living trust, as
recorded in Official Records Book 1546, Page 532. No additional transfer/ sale history was
noted in public records for the subject property during the past three years.
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Recent ListineHistory
Per the Realtors Association of Indian River County's Multiple Listing Service, the subject
property was originally listed with Treasure Coast Sotheby's International on February 25,
2015 for $1,050,000 and expired on August 16, 2015. It was then listed with Dale Sorensen
Rea I Estate on Marc h7, 2016 for $1,050,000 and expired on September 2, 2016. Per Michael
A. Yurocko with SLC Commercial, the subjectproperty is now listed for $900,000.
SCOPE OF WORK
The scope of this appraisal assignment involved the completionof several steps performed
within the guidelines of commonly accepted appraisal procedures. These include a thorough
inspectionof the subject and competing market; collecting, confirming, analyzing and
reporting data as required by the current Uniform Standards of Professional Appraisal
Practice; formulating opinions and judgments based on this data, supply and demand factors,
and property -specific information, such as highest and best use; and fuially, analyzing this
data to form sound valuation judgments based on appropriate valuation methods.
Due to the factthat this appraisal is made subject to the hypothetical condition that the
existing improvements have been razed and the entire subject site is vacant and ready for
development, the Sales Comparison Approach was given sole consideration in this appraisal.
Neverthe less, the appraiser was provided a "Motel Development Proforma" spreadsheet by
the commercial realestate agent, Michael A. Yurocko, CCIM, in which a Present Land Value
of $800,000 was supported. However, due to the subjective assumptions required and
consequently, the highly volatile results from these assumptions, it was considered within the
analysis, but no real weight was given to this valuation method in the development of this
appraisal.
The specific data required and process utilized to complete the Sales Comparison Approach
consisted of gathering comparable vacant land sales with s imilar highest and best uses in
orderto determine the subject site value. The comparable vacant land sales were collected via
the Multiple Listing Service, which is owned and maintained by the Realtors Association of
Indian River County, as well as through public records data obtained from the Indian River
County Property Appraisers Office and the Indian River County Clerk of Courts. Improved
sales, in which a site value could potentially be extracted from the sales price, were also
considered. And lastly, active competitive listings were analyzed, as they tend to represent the
highest price a potential buyer would be willing to pay. Although the available comparable
sale and competitive listing data was quite limited, data was available to support a reasonable
market value conclusion for the subject property.
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SUBJECT PROPERTY ANALYSIS
LOCATION
The subject site is situated on the west and east sides of Indian River Drive, less than 100
yards south ofMaki Street, within the Sebastian city Limits in Indian River County, Florida.
FRONTAGE, S IZ E AND S HAP E
Based upon the Indian River County Property Appraiser's website, the subject site situated on
the west side of Ind ian River Drive contains 21,970 square feet and the subject site situated on
the east side of Indian River Drive (with direct frontage on the Indian River Lagoon) contains
11,470 square feet. Hence, the total site area reported for the subject property is 33,440 square
feet, or0.768 acre.
TOPOGRAPHY. DRAINAGE AND SOIL
Based upon a visual inspection, the topography of the western subject site appears to be
predominantly level and atroad grade. However, the eastern subject site appears to gradually
slope towards the Indian River Lagoon. The soil conditions are considered to be generally
"sandy" and typical of the area. No apparent drainage problems were discovered. However,
despite the factthat a visual inspection of the surface of the site indicated no unusual soil or
subsoil conditions, the appraiser assumes no responsibility for hidden or unapparent
conditions beyond his expertise (see Item 6 of General Assumptions).
EXPOSURE AND ACCESSIBILITY
The subject property has an interior, non -corner location with approximately 180 feet of
frontage on the west side of Indian River Drive and approximately 160 feet of frontage on the
east sideof Indian River Drive and the Indian River Lagoon. Consequently, the subject
property has good exposure with no accessibility constraints.
UTI LI TI ES
Electric service is provided by Florida Power and Light and although county water and sewer
services, provided by Indian River County Utilities, are available to the subject property,
water and sewerservice is currently provided by a private well from the property situated
adjacent west and an on-site septic system. Trash service is provided by Waste Management
arra telephone and internet services are predominantly provided by either Comcastor AT&T.
Thus, utilities are considered adequate for the subject property to meet its development
potential.
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EAS EM EN TS AND/OR ENCROACHMENTS
Typ ica I utility and drainage easements exist, but no adverse easements and/or encroachments
are known to exist on the subject property.
FLOOD ZONE
According to the Federal Emergency Management Agency National Flood Insurance Program
Map #120123-0104H, dated December 4, 2012, the subject property is situated within Flood
Zo ne X. Flood Zone X is described as areas outside the 500 -year flood (0.2 percent annual
chance o f flooding) and protected by levees from the 100 -year flood.
ENVIRONMENTAL CONS IDERATION S
Although the appraiser is not qualified to conduct an environmental inspection of the subject
property, and no environmental audit was provided to offer any contrary evidence, no unusual
topographical or archaeological features were observed, or are known to exist, on or around
the subject property.
CENS US TRAC T
The subject property is located within Census Tract 0508.08 in Indian River County.
BORDERING USES
Immediately borderingand surrounding the subject property area mixture of various public,
commercial and residential uses that benefit and promote the waterfront district location. No
bordering properties are considered to negatively impact the subject property.
CONCLUSION
Based upon the previously described site characteristics, there are no apparent conditions
negatively affecting or influencing the use ofthe subject site. Rather, its direct frontage on a
secondary commercial thoroughfare (Indian River Drive), as well as the Indian River Lagoon,
are considered favorable features. Lastly, the primary unit of comparison employed by active
marketparticipants for sites such as the subject's is on a price per square Foot basis.
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TAX ASSESSMENT ANALYSIS
The taxing authority is Indian River County. Taxes are based on Just Values that are
estimated bythe Indian River County Property Appraiser and on millage rates set by the Tax
Collector using varbLLS taxing districts' approved budgets. Taxes are assessed in arrears based
on valuations as of January I a oft he tax year. Tax biI is are sent out on November 1 s and are
due by the following March 3 l '.In order to encourage property owners to pay their taxes
early, disco unts are offered for early payment, starting with a 4% discount if paid by the end
of November, a 3% discount if paid by the end of December, a 2% discount if paid by the end
of January and a I % discount if paid by the end of February.
In additio R Florida's Constitution requires all property to be appraised at Just Value. While
this co ncept is not adequately defined in the Constitution or in Florida Statutes, numerous
courtdecisions have held that it approximates Market Value as defined herein, less normal
seller expenses o f sale, estimated at fifteen percent {15%}. While this represents the level of
the property appraiser, it has been found that assessments produced by mass appraisal
techni ues vary considerably and are not good indicators of Market Value.
The 2017 tax assessment, millage rate and tax for the subject property, per the Indian River
County Pub Iic Records, are as follows:
2017 REAL ESTATE TAXES — SUBJECT PROPERTY
Parcel Identification Number: 31-39-06.00000-0050-00010.0
Unimproved Land Value
Improvement Va Ire
Total Assessed Value
Total Millage
Ad Valorem Taxes
Non -Ad Valorem Taxes
Total Real Estate Tax Assessment
$342,737
$ 68,981
$411,718
18.1134
$7,457.61
$ 406.29
$7,863.90
There are rn outstanding taxes due on the subject property as of the effective date of this
appraisal.
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The unimproved land value history for the subject property during the past fifteen years is as
fa Ilows :
UNIMPROVED LAND VALUE HISTORY—SUBJECT PROPERTY
Parcel Identification Number: 31-39-06-00000-0050-00010.0
Year
Assessed Value
2017
$342,737
2016
$342,740
2015
$342,740
2014
$322,580
2013
$306,450
2012
$306,450
2011
$306,450
2010
$306,450
2009
$374,710
2008
$635,360
2007
$643,720
2006
$710,600
2005
$282,590
2004
$208,010
2003
$93,370
Consistent with the local real estate market, the assessed value for the subject property has
gradually appreciated during the past several years, subsequent to the real estate boom and
bust between 2003-2010.
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HIGHEST AND BEST USE ANALYSIS
Highest and best use is the reasonably probable and legal use of vacant land or an improved
property that is legally permissible, physically possible, appropriately supported, financially
feasible, and that results in the highest value.3 Consideration has been given to the individual
features ofthe land such as zoning, size, shape, location, access to roadways, and the
availability of utilities. Consideration was also given to the surrounding land uses and the
demand for property in the current real estate market economy.
The highest and best use concept also recognizes the contribution of the contemplated use to
the community development and environmental goals, as well as the individual property
owner's wealth maximization. The highest and best use estimate for the property takes into
account the legal, physical and economic factors, which affect the site. In the appraisal
practice, the Highest and Best Use Analysis is the foundation upon which the valuation of a
property is based.
In each appraisal of vacant (unimproved) property, there is only one highest and best use
analysis which must be considered. This is the highest and best use of a property as vacant
and available for development.
HIGHEST AND BEST USE AS VACANT
Iceally Permissible
The legal considerations pertain mainly to the subject's zoning, which dictates the type and
intensity of allowable development for the site. The subject's commercial zoning and mixed
use land use classifications, which were described in an earlier section of this reportentitled,
"Zoning Analysis," allows for a variety of uses. Thus, no legal issues are known of that would
hinder the subject's development potential.
Physically Possible
The physical considerations affecting the site generally address the type and size of
development that a particular site will support. Although somewhat limited in size, the
development potential ofthe subject site is considered to be adequate for many potential legal
uses.
Financially Feasible and Maximallv Productive
Finally, the analysis of financial feasibility and maximum productivity considers which
potential uses (that are both legally permissible and physically possible) are likely to produce
an into me (or return) equal to or greater than the amount needed to satisfy the initial
3 A pp rais at Institute. The Ann raisa i of Rea t Estate, Thirteenth Edi tion, 2008, page 278.
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expenditure ofcap itaI required to develop the site, as well as the on-going operational
expenses required by the investment. Furthermore, it also considers the appropriate timing to
support such development, based upon supply and demand factors.
Over the past decade, the Sebastian Area, especially the central riverfront district, has
developed into a resort and vacation destination with numerous restaurants and bars attracting
locals and tourists. Due to its central location within the C ity of Sebastian, its direct frontage
on Ind ian River Drive and the Indian River Lagoon, and the limited supply and increasing
demand for vacation lodging, an obvious potential use for the subject property is a motel.
It should be noted that the historic and current use of the subject property has been a small
motel, which has now reached the end of its economic life; thus, the rationale for this
appraisal's "as ifvacart" hypothetical condition. It should also be noted that the half acre
parcel located adjacent west of the subject's west parcel, with frontage on U.S. Highway 1
and currently improved with three buildings, is listed (MLS #195225) for sale and could be a
possib i` assemblage with the subject property.
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THE APPRAISAL PROCESS
There are three traditional approaches typically employed by appraisers in determining market
value for improved properties, however neither the Cost nor the Income Approach are
considered to be applicable for this appraisal, as the subject site is appraised `as vacant' with
no improvements. Therefore, sole consideration is being given to the Sales Comparison
Approach. The Sales Comparison Approach is based on the principle of substitution, which
states that an informed buyer will not pay more for one property than for a similar, equally
desirable property.
SALES COMPARISON APPROACH
The specific data required and process utilized to complete the Sales Comparison Approach
consisted of gathering comparable vacant land sales with similar highest and best uses in
orderto determine the subject site value. The comparable vacant land sales were collected via
the Multiple Listing Service, which is owned and maintained by the Realtors Association of
Indian River County, as well as through public records data obtained from the Indian River
County Property Appraisers Office and the Indian River County Clerk of Courts. Improved
sales, in which a site value could potentially be extracted from the sales price, were also
considered. And lastly, active competitive listings were analyzed, as they tend to represent the
highest price a potential buyer would be willing to pay.
Comparable Site Sales and Unit of Comparison Defined
The first step in this analysis is to define those site sales that are considered to be comparable
to the subject's site, as well as the unit of comparison that is recognized by active market
participants. Comparable site sales are generally defined as those site sales having a similar
highest and best use "as vacant" as the subject's site. Therefore, extensive research was
conducted for arms-lengthtransactions of sites with similar physical and legal characteristics.
It was also important to consider recent sales, as theyreflect market conditions most similar to
those occurring at the effective date of this appraisal. All ofthe pertinent data regarding the
property and the sale for each site was acquired, verified and analyzed. During the verification
process, itwas concluded that the unit basis utilized almost exclusively by market participants
when analyzing site sales similar to the subject's is --price per square foot. Thus, this was the
only unit basis upon whichthe comparable site sales were analyzed and consequently, that
upon which the subject's site value was concluded.
AIthough the available comparable sale and competitive listing data was quite limited, data
was available to supporta reasonable market value conclusion For the subject property. One
comparable vacant land sale (Comp 2). two comparable improved properties (Comparables 1
& 3). from which a site value could be extracted, and one comparable listing (Comparable 4)
were utilized in the valuation of the subject property. These four comparables are outlined on
the following pages.
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• ��
AV
Address:
1686 Indian River Drive, Sebastian, FL 32958
607 Davis Street, Sebastian, FL 32958
Parcel ID No,:
30-39-31-00001-0000-00004.4
30-39-31-00001-0000-00005.3
Location:
West and east sides of Indian River Drive along the
south side of Davis Street
Grantor:
New -man's Inc. dba Agua Marine Dream Co.
Grantee:
ADMCK Investments, LLC
Sale Price:
$1,445,000
Contributory Value
of Improvements:
$915,000
ENIracted Land Value:
$530,000
Sale Date:
October 31, 2017 (closed)
Recorded:
Warranty Deed— Official Records Book 3067, Page 2459,
Indian River County
Zoning:
CWR, Commercial Waterfront Residential
Total Site Sim:
39,141 square feet
Rive rfront S i& 1 Frontage:
9,583 square feet 1 100+/- feet
Site Shape:
Irregular
Unit P rice o fLa nd O nly:
$13.54 per square foot
Comments:
This property is improved with a 12 -unit hotel with owner's
quarters and anoffice, a small house with a detached garage,
and a dock. The appraiser has estimated the depreciated
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contributory value of these improvements at $915,000. Thus,
the eAracted land value portion of the sales price was
determined to be $530,000. This property was listed (MLS
9172602) on July 25, 2016 for $1,600,000, placed under
contract on May 26, 2017 at $1,445,000 and closed on October
31, 2017. A first mortgage for $942,500 was secured with
Avatar Capital Finance, LLC and a second mortgage for
$140,000 was secured with the seller, Newman's Inc. My
research did not reveal any prior sales or transfers of this
property during the year prior to the date of sale stated above.
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Address:
I3405 N. Indian River Drive, Sebastian, FL 32958
Parcel ID No.:
30-38-25-00000-0070-00007.9
Location:
West and east sides of Indian River Drive about one-half mile
South of Roseland Road
Grantor:
Dennis Ross
Grantee:
Samuel Patterson
Sale Price:
$460,000
Contributory Value
of Improvements:
$20,000
Extracted Land Valw:
$440,000
Sale Date:
July 10, 2017 (closed)
Recorded:
Warranty Deed— Official Records Book 3041, Page 1647,
Indian River County
Zoning:
RM -6, Multi -Family Residential (6 units/acre)
Total Site Size:
37,169 square feet
Riverfront S ix / Frontage:
7.348 square feet / 80+/- feet
Site S Nape:
Primarily Rectangular
Unit Price of Land Only:
$11.84 per square foot
Comments:
This property is improved with a dock. The appraiser has
estimated the depreciated contributory value of this
unprovementat $20,000. Thus, the extracted land value portion
of the sales price wasdetermined to be $440,000. This property
was listed (MLS 4193058) and sold on August 11, 2017 for
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$460,000 Cash. My research revealed one prior sale of this
property during the year prior to the date of sale stated above,
occurring on November22, 20I6 for $450,000.
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W*.. !W
i a
Address:
1550 Indian River Drive, Sebastian, FL 32958
Parcel ID No.:
30-39-31-00000-0020-00003.0
Location:
East side of Indian River Drive, about one-third mile
north of Main Street
Owner/Seller:
Giambanco, Robert and Tina Marie
Contract Price:
$850,000
Contributory Value
of Improvements:
$300,000
Extracted Land Value:
$550,000
Zoning:
CWR, Commercial Waterfront Residential
Total Site Size:
12,000 square feet (Uplands)
Riverfront Six I Frontage:
12,000 square feet (Uplands) 1100+1- feet
Site S hap e:
Primarily Rectangular
Unit PriceofLand Only:
$45.83 per square foot
Comments:
This p roperty is improved with a restaurant, large wood deck
aryl dock. The appraiser has estimated the depreciated
contributory value of these improvementsat$300,000. Thus,
the e?1racted land value portion of the contract price was
determined to be $550,000. This property was originally listed
(MLS 4151577) on December 16, 2014 for$1,100,000 and
reduced (MLS #162679) to $995,000 on September 22, 2015.
Ths listing expired on March 12, 2017. However, per a
conversation with the property owner, this property is currently
35
236 of 286
under cortract far $850,000. My research did not reveal any
prier sales or transfers of this property during the year prior to
the effective date of this appraisal.
36
237 of 286
FOA a
Address:
Parcel ID No.:
Location:
Ownev'Sel ler:
L' t Price:
Zo ning:
Total Site Size:
Rive rfront Si& 1 Frontage:
Site S hape:
Unit Price ofLand Only:
Comments:
12885 Indian River Drive, Sebastian, FL 32958
3 0-39-31-00001-0000-00001.4
West and east sides of Indian River Drive about 350 feet
north of Jackson Street
CatapultOne LLC
$399.500
CWR. Comrnercial Waterfront Residential
24,390 square feet
2,125 square feet 170+I- feet
Primarily Rectangular
$14.74 per square foot
This p roperty is vacant with no improvements. This property
was listed (MLS #191448) onJuly 18, 2017 for $399,500. My
research did not reveal any prior sales or transfers of this
property during the year prior to the effective date of this
appraisal.
37
238 of 286
Lk) CATION MkV
x
}U
239 of 286
COMPARABLE PROPERTIES AND MARKET ADJUSTMENTS
The previous data sheets outlined information on four comparable properties, which were
utilized in the valuation of the subject property. Nevertheless, none of the comparable
properties are identical to the subject property, therefore it was necessary to make adjustments
to each for their respective differences. There are two categories of adjustments that must be
considered for each comparable sale— transactional adjustments and property adjustments.
Following this analysis of the comparable sales and their adjustments is the summary of such,
exhibited w ithin the S ite Comparison Adjustment Grid on the subsequent page. After all
adj ustments were made to the comparables utilized herein, the adjusted prices were reconciled
into a value indication for the subject site.
Transactional Adjustments
Prior to making any property adjustments for differing site characteristics, it is critical to first
analyze the particulars of each sales transaction in order to make specific adjustments if
necessary, to account for atypical or unusual factors that may have affected the sales price.
Transactional adjustments are generally made in a specific sequence. The first such
adjustment is Real Property Rights Conveyed, i.e., Fee Simple, Leased Fee, Leasehold, etc.;
the second such adjustment is Financing Terms to cons iderany atypical or unusual financing
that might have had an effect on the sales price of the individual sales; the third such
adj ustment is Conditions of Sale to cons ider any unique conditions that may have impacted
the agreed uponprice; the fourth suchadjustment is ExpendituresNlade ImmedialelyAfler
Purchase to determine if the respective buyers considered any necessary expenditures in their
agreed upon price; and finally, the fifth such adjustment is Market Conditions to recognize the
differing market conditions that may have existed at the time each of the comparable sales
occurred, relative to those occurring at the effective date of the appraisal.
As Co mparables 1, 2 & 3 had various improvements, which were reflected in their sale /
contract prices, it was necessary to estimate the depreciated contributory value ofthe ir
respective improvements and deduct this from their total price in order to extract the portion
of the sales price attributable to the land only. The price being paid for the land only was then
analyzed o n a price per square foot unit basis. Comparable 4 is an active listing and the
typical sale -to -list price ratio observed in the market is about 90%. Hence, a -10% adjustment
was applied to Comparable 4's listing price.
Property Adiustments
Unlike the transactional adjustments considered above, it is not necessary to make the
property adjustments in any specific order. Typical property adjustments include factors such
as location andzoning and physical characteristics like total size, riverfront size c& frontage,
and shape.
Regarding location, all four comparables are located on Indian River Drive in Sebastian;
however, Comparables 2 & 4 are located slight further north with less commercial traffic and
exposure and considered inferior to the subject property.
39
240 of 286
Regarding -7017ing, Comparables 1, 3 & 4 share the same CWR zoning classification as the
subject property, but Comparable 2 has an much more restrictive and thus, inferior multi-
family zoning classification.
Regarding size, although not necessarily true in all cases, smaller sites often sell for a higher
unit price than larger sites, and vice versa. This is due primarily to the economic principle of
"economies of scale." Therefore, Comparables 3 & 4 were adjusted for their relatively smaller
sizes, as compared to the subject property.
Additionally, like the subject property, Comparables 1, 2 & 4 are situated west and east of
Indian River Drive. However, all three had inferior parcels, with respect to size and frontage,
on the east side of Indian River Drive with direct frontage on the Indian River Lagoon and
were adjusted accordingly. Comparable 3 also had less river frontage than the subject
property, but is situated entirely on the east side of Indian River Drive and therefore
considered superior to the subject property.
Finally, the shape and thus, the overall utility of the comparables were analyzed and only
Comparable I was adjusted for its inferior shape 1 utility.
40
241 of 286
i
ELGMGNF
Add'ess
Pr ice
Less: Typida l Negut id im s
Preliainary Adjusted Price
Less: Cuatrib utory Value of limp.
Prelininary Adjusted Price
Real Property RignsCmvejed
Adjustment
Adjusted P rice
Financing Terms
Adjustment
AdjustedP rice
Conditin ns of Sale
Adjustment
Adjaste dP rice
Expenditures Atter Purchase
Adjustment
Adjastc d P rice
Mark d Condit ion s
Adjustnnuit
AdjrstedP riw
CCompiris i Unit Sae (SF)
Compirimn Uni Adj. Price
Lomtion
Ad"justment
zonal g
Adjustmall
'rotal.Fr (SF)
Adjustment
Riverfruit Size(SF) /Riverrrentage
Adjustment
Shape/Utility
Adjustment
Total Net/ Gross Adjnstmert
FinalAdj. SiIePrice/SF
SU BJ GCT
1215 Indian River Drive
5eWstian, FL 32958
Fee Simple:
N/A
NIA
N/A
Asof 110/2017
33,440
Indian River Dr- River
CWR
33,440
11,470/160'+/-
1Y
1,4701160'+/-1Y iniarily Rectan pylar
COMPAR 190 N ADAJSTNENT GRID
SALE I
607 Dav is Sire d
Selastian,FL32958
$1,445,000
NIA
$1,445,000
$915.000
$530,000
Fee Simple-
$0
imple$0
$530,000
Cash to Seller
$0
$530,000
Arm'sLen gh
$0
$530,000
None
$0
$530,000
10131 2017
0%
$530,000
39,141
$13.54
In dian Rive r D r - Riper
W/O
CWR
00/a
39,141
W/O
9,583 / 100'+/-
+15%
Irregular
+25%
SALE 2 SALE 3 SALE 4
13405N Indian River Drive 1550 Indian River Drive 12995N Indian River Drive
Sebastian, FL 32958 Se bus Iia n, FL 32958 Se las tian, FL 32958
$460,000
N/A
$460,000
SX000
$440,000
I -c e s inn ple
$0
5440,000
Cash to Seller
$0
$440,000
Arm sLengh
$a
$440.000
None
$0
$440,000
7/10x2017
0%
$440,000
37,169
$11,94
In clan River D r - Riner
+10°/a
RM -6
+30%
37,169
0%
7,348 / 80'+,c
+2 0%a
Primarily Rect an gia lar
0%
140%a/ 40% 460%/ 60'/0
$18,96 $18.94
41
$850,000
N/A
$850,000
$300,000
5550,000
FeeSimplee
$ti
$550,000
Cash to Seller
5U
$55U,000
Arnf sLen gh
5t1
$551,000
Noris
$0
$550,000
Unde rCm tra el
0%
$550,000
12,000 (Up lands)
$45.83
Indian RiverDr - River
0%
CWR
OU/0
12,000 (up lands)
-25%
12,000(Uplands) / 100'+;-
-30%
Primarily Rextangilar
0%
-55%155%
$20.62
S3 99 ,500
$40,000
$359-500
$0
$359500
Feesimple
$0
$359,500
Ca4n to Seller
$0
$359,500
Arm' s L en gh
$0
$359.500
Now
$0
$393,500
Active Listing
0%
$359.500
24,390
$14.74
in darn Rive r D r - R iver
+10%
CWR
0%
24,390
-10%
2,125 / 7)'+/-
+25%
0'+/-
+25%
Pr imarily R ec1 an Call ar
Lr/o
+2 5%145%
$18.43
RECONCILIATION OF ADJUSTED UNIT PRICES AND CONCLUSION
Finally, the adjusted unitprices concluded within the previous analysis are reconciled into a
value indication for the subject site. During the reconciliation process, the various
comparables are individually weighted with respect to their overall similarity to the subject
and it is this weighted average that is used to calculate the unit price for the subject site.
Hence, the market value indication for the subjectproperty via the Sales Comparison
Approach, as of the effective date of this appraisal, November 27, 2017, was reconciled at
$650,000 (rounded).
SITE SA LES CO MPA Rl SON A PP ROA CH 5 UMMA RY
243 of 286
SUBJECT SALE I SALE 2
SALE 3 SALE 4
A4tsted Chit Sale Price( Square Feet)
$18.% $18.94
$74.62) $18.43
Welted PereaNaX
1440/0 35% 35%
30% 0%
Wei kited Uat Price
$ 19.46 $6.64 $6L 63
$6.19 $0
$19.46 / SF X 33,440 =
$650,742
Value Indication via the Sales
Comparison Approach
$650,000 (Rounded)
243 of 286
Qualifleations of the Appraiser
ADAM B. PREUSS, MAI
State -Certified General Real EstateAppraiserRZ1991
ADAM PREUSSAPPRAISAL SERVICES, INC.
936 US. HIGHWAYI, SUITE
SEBASTIAN, FL 32958
(772) 589-8915
(772) 589-8916 FAX
.-I cicun cr 1'r -e trss: I1�nra !sal s. c•nnr
im, ir. Pre uss,i ni-aisals. c ont
Academic Education
Master of Arts in Real Estate and Urban :Analysis, Uniwrsity of Florida - 08/08/1992
(Appraisal Institute approved curricula m lir MAI des ignation)
Bachelor of Science in Business Administration, University of Florida - 05/05/1990
(Specialization in Real Estate)
Continuing Education consists of a minimum of 30 hours every two years as required by the
Florida Real Estate Appraisal Board and 100 hours everyfive years as requiredby the
Apprais al Institute.
Aca de mic Hono rs & Awa rds
Recipient of the Appraisal Institute's Research & Educational Trust Fund Scholarshi p
Recipient of the Real Fs tate Educators Association's Harwood Memoria[Scholarship
Member of Omicron Delta Eps ilon National Economic Honor Society
Member of Al pha Lambda Delta Honor Society
Professional Experience
Adam Preuss Appraisal Services, Inc.
M97 to Present
936 U.S. Highway 1, Su ite A, Sebastian. Fl 32958
President and ChiefResidentiat & Commercial Real Estate Appraiser
Appraisal Associates, Inc.
2/97 to 10197
20055 N. U.S. Highway I, Vero Beach, Fl 32960
Residential & Commercial Real Estate Appraiser
REIMAX Rivers! de
5/95 to 1/ 97
1603 U.S. Highway 1, Sebastian,F132958
Residential & Commercial Real EstaleSalesntan
Armfield-Wagner Real Estate Appraisers
10193 to 4195
1940 10th Avenue, Vero Beach, Fl 32960
Residential Real Estar appraiser
43
244 of 286
W11 Benson and Company 2/93 to 9193
4031 U.S. HighvNay 1, N.E., Palm Bay, F132905
Corn=rcial Real Estate Appraise
GGC Real Es tate A pprais al 6'92to 1/93
499 North S.R. 434, Suite 2165, Altamonte Springs, F1 32714
Coin nrercial Real Estate Appraiser
Matonis MacDermott & Company 5/91 to 5192
255 S. Orange Avenue, Suite 750, Orlando, F 132801
Commercial Real Estate Appraiser
Professional Affiliations & Credentials
State -Certified General Real Estate AppraiserRZ1991
Appraisal Institute —Designated MAI Member
FHA & VA Appro%ed Appraiser—FLRZ1991
Appraisers pecial Magistrate— nori da De part me nt of Re ie nue
Qualified Federal & State Court Expert Witness
National Ass oalation of Real tors — Member
Florida Realtors — Me ether & Past Appraisal Council Chair
Realtors Association of In di an River County— Member & Past President
Licensed Florida Real Est ate S alesperson
Exchange Club ofSelrastian— rivlember& Past President
Sebastian Chamber of Commerce— Member
Indian Riper County Chamber ofCommerce— Member
Professional References
Academy Mortgage
3235 Cardinal Drive
Vera Beach, Florida 32963
Phone: 772- 234-0066
Marine Bank & Trust
571 Beachland Boulevard
Vera Beach, Florida 32963
Phone: 772- 231-661 1
Samuel A. Bock. Attorney at Law
1555 Indian R iv cr Boulevard, Suite B-125
Vero Beach. Florida 32960
Phone: 772-794-1918
Rene VanDeVoorde, Attorncy at Law
1327 N. Central Avenue
Sebas tian. Florida 3295 8
Phone: 772-589-4353
Margaret Keys McCain, Attorney at Law
1826 l4 Avenue
Vero Beach, Florida 32960
Phone: 772-564-6112
44
Caliber Home Loans
2095Indian River Boulevard
Vero Beach, F lorida 32960
Phone: 772-360-6030
Harbor Community Bank
3240 Cardinal Drive
Vero Beach, F brida 32963
Phone: 772-234-78 80
Barry G. Sega 1, P.A., Attorney at Law
3096 Cardinal Drive, Suite 2C
Vero Beach, F brida 32963
Phone: 772-567-5552
John G. Evans, Attorney at Law
1565 U.S. Highway
Sebastian. Florida 32958
Phone: 772-589-1212
Kmetz Nuttall, EhvelL Graham, PLLC
2800 Ocean Drive
Vero Beach, F brida 32963
Phone: 772-231-6902
245 of 286
Types of Appraisals
Res iden tial Commercial/ In dustria]
Single -Family (Vacant & Improved) Shopping Centers & Retail Outlets
Multi -Family (Vacant & Improved) Office Bu Rd ings & Warehouses
Condominiums Adult Congregate living Facilities (A CLF)
Proposed Developments Restaurants
Manufactured Homes Vacant Land
Insurance Replacement Cost Reports Insurance Replacement Cost Reports
Appraisal License
RiCIA SCOTT GOVERNOR
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
FLORIDA REAL ESTATE APPRAISAL BD
•.•r "i:,
The CERTIFIED GENERAL APPRAISER
_
~
Named below IS CERTIFIED
`+
Under the provisions of Chapter 475 FS
Expirazicn date. NOV 30 2018
PREUSS ADAM 9
936 US HIGHWAY 1 SUtTEA
SEBASTIAN FL 32958
:s5UE11 DISPLAY A5 REOUtRED BY LAW sEQ w 060822CCO215
45
246 of 286
ATTACHMENT 3
247 of 286
A
Commercial Contract _ If '
Ulm
1 1. PARTIES AND PROPERTY: City of Sebastian ("Buyer")
2 agrees to buy and Ruth 1. Sullivan, revocable living trust ("Seller")
3 agrees to sell the property at:
4 Street Address: 1215 Indian River Drive, Sebastian, FL 32958
5
6 Legal Description: Lengthy see attached exhibit "A" Indian River County parcel #31390600000005000010.0
7
a and the following Personal Property: None
9
10 (all collectively referred to as the "Property") on the terms and conditions set forth below.
11 2. PURCHASE PRICE: $ 650,000.00
12 (a) Deposit held in escrow by: To be determined $ 5,000.00
13 ("Escrow Agent") (checks are subject to actual and final collection)
14 Escrow Agent's address: Phone:
15 (b) Additional deposit to be made to Escrow Agent
16 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or
17 within days after Effective Date $
18 (c) Additional deposit to be made to Escrow Agent
19 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or
20 ❑ within days after Effective Date $
21 (d) Total financing (see Paragraph 5) $
22 (e) Other $
23 (f) All deposits will be credited to the purchase price at closing.
24 Balance to close, subject to adjustments and prorations, to be paid
25 via wire transfer. $ 645,000.00
25 For the purposes of this paragraph, "completion" means the end of the Due Diligence Period or upon delivery of
27 Buyer's written notice of acceptability.
28 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME: Unless this offer is signed by Seller
29 and Buyer and an executed copy delivered to all parties on or before December 26, 2017 , this offer
30 will be withdrawn and the Buyer's deposit, if any, will be returned. The time for acceptance of any counter offer will be
31 3 days from the date the counter offer is delivered. The "Effective Date" of this Contract is the date on which the
32 last one of the Seller and Buyer has signed or initialed and delivered this offer or the final counter offer or
33 . Calendar days will be used when computing time periods, except time periods of 5
34 days or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal
35 holidays. Any time period ending on a Saturday, Sunday, or national legal holiday will extend until 5:00 p.m. of the next
36 business day. Time is of the essence in this Contract.
37 4. CLOSING DATE AND LOCATION:
38 (a) Closing Date: This transaction will be closed on See Comments ' (Closing Date), unless
39 specifically extended by other provisions of this Contract. The Closing Date will prevail over all other time periods
40 jinc!ng, but not limited to, Financing and Due Diligence periods. In the event insurance underwriting is suspended
Buye) ( ) and Seiler �) ( ) acknowledge receipt of a copy of this page, which is Page 1 of 8 Pages.
CC -517 02017 Florida Realtorsm
Seria IN: 004264.300161-3710396
n1:;iliicilV
248 of 286
41 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after
42 the insurance underwriting suspension is lifted.
43 (b) Location: Closing will take place in Indian River County, Florida. (if left blank, closing will take place in the
44 county where the property is located,) Closing may be conducted by mail or electronic means.
45 5. THIRD PARTY FINANCING:
46 BUYER'S OBLIGATION: On or before days (5 days if left blank) after Effective Date, Buyer will apply for third
47 party financing in an amount not to exceed % of the purchase price or $ , with a fixed
48 interest rate not to exceed % per year with an initial variable interest rate not to exceed %, with points or
49 commitment or loan fees not to exceed % of the principal amount, for a term of years, and amortized
50 over years, with additional terms as follows:
51
52 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any
53 lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval within days (45 days if left
54 blank) from Effective Date (Loan Approval Date), (ii) satisfy terms and conditions of the Loan Approval, and (iii) close
55 the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage
56 broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon
57 obtaining financing or being rejected by a lender. CANCELLATION: If Buyer, after using good faith and reasonable
58 diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within days (3 days if left blank)
59 deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract.
60 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter.
61 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of
62 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 5 only): If Buyer
63 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and
64 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or
65 before the Closing Date without fault on Buyer's part, the Deposit(s) shall be returned to Buyer, whereupon both
66 parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving
67 the termination of this Contract. If neither party elects to terminate this Contract as set forth above or Buyer fails to use
68 good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction
ss does not close. For purposes of this Contract, "Loan Approval" means a statement by the lender setting forth the terms
7o and conditions upon which the lender is willing to make a particular mortgage loan to a particular buyer. Neither a pre -
71 approval letter nor a prequalifiino
t r sh II be deemed a Loan Approval for purposes of this Contract.
72 6. TITLE: Seller has the legal ognd will convey marketable title to the roperty by ❑ statutory warranty
73 deed 0 special warranty deerAVIA yy/�s1.,eeil 12�AA, A P24free of liens, easements and
74 encumbrances of record or kneller, buXubject to property taxes fo/the year of closing; covenants,
75 restrictions and public utility easements of record; existing zoning and governmental regulations; and (list any other
76 matters to which title will be subject)
77
78 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the
79 Property as
80 (a) Evidence of Title; The party who pays the premium for the title insurance policy will select the closing agent
81 acid pay for the title search and closing services. Seller will, at (check one) ❑x Seller's ❑ Buyer's expense and
82 r iin days after Effective Date or at least 15 days before Closing Date deliver to Buyer (check one)
83 (i) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by
8 ller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase
a5 price for fee simple title subject only to exceptions stated above. if Buyer is paying for the evidence of title and
s6 Seller has an owners policy, Seller will deliver a copy to Buyer within 15 days after Effective Date. ❑ (ii.) an
87 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm.
8a However, if such an abstract is not available to Seller, then a prior owners title policy acceptable to the proposed
89 insurer as a base for reissuance of coverage may be used. The prior policy will include copies of all policy
90 exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or
Buye —) and Seller L_) (.-_.-) acknowledge receipt of a copy of this page, which Is Page 2 of 8 Pages.
CC -5 Rev 9117 Q2 17 Florida Realtors•
Se6at9: 004294-300161-371(1396 t
249 of 286
91 Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. If such
92 an abstract or prior policy is not available to Seller then (i.) above will be the evidence of title.
93 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller
94 of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2)
95 Buyer delivers proper written notice and Seller cures the defects within 15 days from receipt of the notice
96 ("Curative Period"). Seller shall use good faith efforts to cure the defects. If the defects are cured within the
97 Curative Period, closing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the
98 scheduled Closing Date. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be
99 cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 10 days
loo from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept
101 title subject to existing defects and close the transaction without reduction in purchase price.
102 (c) Survey: (check applicable provisions below)
103 (i.) ❑x Seller will, within 15 days from Effective Date, deliver to Buyer copies of prior surveys,
104 plans, specifications, and engineering documents, if any, and the following documents relevant to this
105 transaction:
106
107 prepared for Seller or in Sler's ossession, which show all currently existing structures. In the event this
108 transaction doeAno l a ocuments provided by Seller will be returned to Seller within 10 days from the
109 date thisContra d.
io Q Buyer will, aa er's ❑Buyer's expense and within the time period allowed to deliver and examine
title evidence, o current certified survey of the Property from a registered surveyor. If the survey reveals
112 encroachments on the Property or that the improvements encroach on the lands of another, ❑ Buyer will
113 accept the Property with existing encroachments ❑x such encroachments will constitute a title defect to be
114 cured within the Curative Period.
115 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress.
116 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition,
117 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller
118 makes no warranties other than marketability of title. I n the event that the condition of the Property has materially
119 changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a
120 refund of any and all deposits paid, plus interest, if applicable, or require Seller to return the Property to the required
121 condition existing as of the end of Due Diligence period, the cost of which is not to exceed $ (1.5% of
122 the purchase price, if left blank). By accepting the Property "as is", Buyer waives all claims against Seller for any
123 defects in the Property, (Check (a) or (b))
124 ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is"
125 condition.
126 x❑ (b) Due Diligence Period: Buyer will, at Buyer's expense and within 30 days from Effective Date ("Due
127 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion. During the
128 term of this Contract, Buyer may conduct any tests, analyses, surveys and investigations ("Inspections") which
129 Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural,
130 environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision
131 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local,
132 state and regional growth management and comprehensive land use plans; availability of permits, government
133 approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and ground
134 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to
135 Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property
136 is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property in
137 its present "as is" condition. Seller grants to Buyer, its agents, contractors and assigns, the right to enter the
136 Property at any time during the term of this Contract for the purpose of conducting Inspections, upon reasonable
139 notice, at a mutually agreed upon time; provided, however, that Buyer, its agents, contractors and assigns enter
140 the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from
141 losses, damages, costs, claims and expenses of any nature, including attorneys' fees at all levels, and from
142 liability to any person, arising from the conduct of any and all inspections or any work authorized by Buyer, Buyer
143 will not engage in any activity that could result in a mechanic's lien being filed against the Property without
144 Sek
prior written consent. In the event this transaction does not close, (1) Buyer will repair all damages to the
Buy_} and Seller( (� acknowledge receipt of a copy of this page, which Is Page 3 of a Pages.
cc -5 02017 Flodda Realtarsl
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145 Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the
146 Inspections, and (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a
147 result of the Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that
148 Buyer's deposit will be immediately returned to Buyer and the Contract terminated.
149 (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the
150 parties, conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and
151 to ensure that all Property is on the premises.
152 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD; Seller will continue to operate the Property and any
153 business conducted on the Property in the manner operated prior to Contract and will take no action that would
154 adversely impact the Property after closing, as to tenants, lenders or business, if any. Any changes, such as renting
155 vacant space, that materially affect the Property or Buyer's intended use of the Property will be permitted ❑x only with
156 Buyer's consent ❑ without Buyer's consent.
157 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with
158 the norms where the Property is located.
159 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at
160 closing. Seller will provide keys, remote controls, and any security/access codes necessary to operate all locks,
161 mailboxes, and security systems.
162 (b) Costs: Buyer will pay Buyer's attorneys' fees, taxes and recording fees on notes, mortgages and financing
163 statements and recording fees for the deed. Seller will pay Seller's attorneys' fees, taxes on the deed and
164 recording fees for documents needed to cure title defects. If Seller is obligated to discharge any encumbrance at or
165 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances.
166 (c) Documents: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable
167 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each
168 service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of its
169 contract, and any assignable warranties or guarantees received or held by Seller from any manufacturer,
170 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium
171 documents, if applicable; assignments of leases, updated rent roll; tenant and lender estoppels letters (if
172 applicable); tenant subordination, non -disturbance and attornment agreements (SNDAs) required by the Buyer or
173 Buyer's lender; assignments of permits and licenses; corrective instruments; and letters notifying tenants of the
174 change in ownership/rental agent. If any tenant refuses to execute an estoppels letter, Seller, if requested by the
175 Buyer in writing, will certify that information regarding the tenant's lease is correct. If Seller is an entity, Seller will
176 deliver a resolution of its governing authority authorizing the sale and delivery of the deed and certification by the
177 appropriate party certifying the resolution and setting forth facts showing the conveyance conforms to the
178 requirements of local law. Seller will transfer security deposits to Buyer. Buyer will provide the closing statement,
179 mortgages and notes, security agreements, and financing statements.
180 (d) Taxes and Prorations: Real estate taxes, personal property taxes on any tangible personal property, bond
181 payments assumed by Buyer, interest, rents (based on actual collected rents), association dues, insurance
182 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the
183 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due
184 allowance being made for improvements and exemptions. Any tax proration based on an estimate will, at request
185 of either party, be readjusted upon receipt of current year's tax bill; this provision will survive closing.
186 (e) Special Assessment Liens: Certified, confirmed, and ratified special assessment liens as of the Closing Date
187 will be paid by Seller. If a certified, confirmed, and ratified special assessment is payable in installments, Seller will
188 pay all installments due and payable on or before the Closing Date, with any installment for any period extending
189 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the
190 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing
191 Date, unless an improvement is substantially completed as of Closing Date. If an improvement is substantially
192 completed as of the Closing Date but has not resulted in a lien before closing, Seller will pay the amount of the last
193 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and
194 does not apply to condominium association special assessments.
195 (f) Foreign Investment in Real Property Tax Act (FIRPTA): If Seller is a "foreign person" as defined by FIRPTA,
196 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will
197co fete, execute, and deliver as directed any instrument, affidavit, or statement reasonably necessary to comply
Buy
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198 with the FIRPTA requirements, including delivery of their respective federal taxpayer identification numbers or
199 Social Security Numbers to the closing agent. if Buyer does not pay sufficient cash at closing to meet the
200 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the
201 requirement.
202 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to receive,
203 deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance with the
204 terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to
205 Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross negligence. If Agent
los has doubt as to Agent's duties or obligations under this Contract, Agent may, at Agent's option, (a) hold the escrowed
207 items until the parties mutually agree to its disbursement or until a court of competent jurisdiction or arbitrator
208 determines the rights of the parties or (b) deposit the escrowed items with the clerk of the court having jurisdiction over
209 the matter and file an action in interpleader. Upon notifying the parties of such action, Agent will be released from all
210 liability except for the duty to account for items previously delivered out of escrow. If Agent is a licensed real estate
211 broker, Agent will comply with Chapter 475, Florida Statutes. In any suit in which Agent interpleads the escrowed items
212 or is made a party because of acting as Agent hereunder, Agent will recover reasonable attorney'q fees and costs
213 incurred, with these amounts to be paid from and out of the escrowed items and charged and awarded as court costs
214 in favor of the prevailing party.
215 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged
216 default. If a party fails to comply with any provision of this Contract, the other party will deliver written notice to the non -
217 complying party specifying the non-compliance. The non -complying party will have 30 days (5 days if left blank) after
218 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close.
219 12. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable
220 to each other for damages so long as performance or non-performance of the obligation, or the availability of services,
221 insurance, or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force Majeure.
222 "Force Majeure" means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, unusual
223 transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent effort, the
224 non-performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will
225 be extended a reasonable time up to 7 days after the Force Majeure no longer prevents performance under this
226 Contract, provided, however, if such Force Majeure continues to prevent performance under this Contract more than
227 30 days beyond Closing Date, then either party may terminate this Contract by delivering written notice to the other
228 and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract.
229 13. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is
230 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit
231 will be returned in accordance with applicable Florida Laws and regulations.
232 14. DEFAULT:
233 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make
234 the title marketable after diligent effort, Buyer may elect to receive return of Buyer's deposit without thereby
235 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek
236 specific performance. If Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the
237 brokerage fee.
238 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1)
239 retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the
240 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek
241 specific performance. If Buyer fails to timely place a deposit as required by this Contract, Seller may either (1)
242 terminate the Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without
243 waiving any remedy for Buyer's default.
244 15. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the
245 prevailing party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable
246 attorneys' fees, costs, and expenses.
247 16. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or
248 electronic means. Partes agree to send all notices to addresses specified on the signature page(s). Any notice,
249 document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker)
250 represen 'ng a party will be as effective as if given by or delivered to that party,
Buy �? and Seller �� �_} acknowledge receipt of a copy of this page, which is Page 5 of S Pages.
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251 17. DISCLOSURES:
252 (a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales
253 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of
254 commercial real estate for any commission earned by the broker under a brokerage agreement. The lien upon the
255 owner's net proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not
256 attach to any interest in real property. This lien right cannot be waived before the commission is earned.
257 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special
25B assessment lien(s) imposed by a public body. (A public body includes a Community Development District.) Such
259 liens, if any, shall be paid as set forth in Paragraph 9(e).
260 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
261 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
262 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon
263 and radon testing may be obtained from your county public health unit.
264 (d) Energy -Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by
265 Section 553.996, Florida Statutes.
266 18. RISK OF LOSS:
267 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will
268 bear the risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be returned to
269 Buyer. Alternatively, Buyer wiil have the option of purchasing the Property at the agreed upon purchase price and
270 Seller will credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim
271 to any insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any
272 such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of
273 the Buyer.
274 (b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the
275 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this
276 Contract without liability and the deposit(s) will be returned to Buyer. Alternatively, Buyer will have the option of
277 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at
278 closing the proceeds of any award, or Seller's claim to any award payable for the taking. Seller will cooperate
279 with and assist Buyer in collecting any such award.
280 19. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise ❑x is not
281 assignable ❑ is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement
282 to the Seller at least 5 days prior to Closing. The terms "Buyer, " "Seller" and "Broker" may be singular or plural. This
283 Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns (if
284 assignment is permitted).
285 20. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller.
286 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound.
287 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated
288 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or
289 typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract
290 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be
291 construed under Florida law and will not be recorded in any public records.
292 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a
293 licensed real estate Broker other than:
294 (a) Seller's Broker: SLC Commercial
(Company Name (Licensee)
295 SLC Commercial (�72) 538-2841 Michael Yurocco ,
(Address, Telephone, Fax F --mail)
296 who E] is a single a nt ❑x is a transaction broker L! has no brokerage relationship and who will be compensated by
297 Seller Buyers both parties pursuant to ❑x a listing agreement ❑ other (specify)
298
299
300 (b) Buyer's Broker: Rick Baker Realty, LLC
(company Name (Licensee)
301 9015 Americana Rd. #9 Vero Beach, FL 772-567-0551 F.W. Baker
(Address, Telephone, Fax, E-mail)
Busrer and Seller �) () acknowledge receipt of a copy of this page, which is Page 6 of 8 Pages,
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302 who ❑ is a single agent d is a transaction broker ❑ has no brokerage relationship and who will be compensated by
303 0 Seller's Broker ❑ Seller ❑ Buyer ❑ both parties pursuant to ❑x an MLS offer of compensation ❑ other (specify)
304
305 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to
306 inquiries, introductions, consultations, and negotiations resulting in this transaction, Seller and Buyer agree to
307 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including
308 reasonable attorneys' fees at all levels, and from liability to any person, arising from (1) compensation claimed which is
309 inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to
310 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of
311 services regulated by Chapter 475, Florida Statutes, as amended, or (4) recommendations of or services provided and
312 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer.
313 22, OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to
314 this Contract):
315 ❑ Arbitration ❑ Seller Warranty ❑ Existing Mortgage
316 ❑ Section 1031 Exchange ❑ Coastal Construction Control Line ❑ Buyer's Attorney Approval
317 ❑ Property Inspection and Repair ❑ Flood Area Hazard Zone ❑ Seller's Attorney Approval
318 ❑ Seller Representations ❑ Seller Financing ❑ Other
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
23. ADDITIONAL TERMS:
This offer is subject to a 2nd appraisal paid for by the seller,and Citv Council approval. Closing to be scheduled
within 30 days after City Council approval.
342 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE
343 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL
344 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE
345 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE
346 EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR
347 REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER
Buy �) and Soltor acknowledge receipt of a copy of this page, which is Page 7 of 8 Pages.
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348 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL
349 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER
350 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF
351 THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND
352 GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND
353 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE.
354 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other
355 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its
356 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized
357 to do so,
358, Date:
{Signature o BKer
359 Com? j f ,v Tax ID No.:
(Typed or Printed Name of Buyer)
360 Title: City Manager Telephone:
361 Date:
(Signature of Buyer
362 Tax ID No-:
(Typed or Printed Name of Buyer)
363 Title-. Telephone:
364 Buyer's Address for purpose of notice
365 Facsimile: Email:
366 Date:
(Signature of Seller)
367 Tax ID No.:
(Typed or Printed Name of Seller)
368
Title:
Telephone:
369
Date:
(Signature of Seller)
370
Tax ID No,:
(Typed or Printed Name of Seller)
371
Title:
Telephone:
372
Seller's Address for purpose of notice:
373
Facsimile:
Email:
Florida REALTORS' makes no representation as to the legal validity or adequacy of any provision of this form In any specific transaction. This standardized form should
not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the
user as REALTOR'. REALTOR* is a registered collective membershkp mark which may be used only by real estate licensees who are members of the NATIONAL
ASSOCIATION OF REALTORS' and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of this
form by any means including facsimile or computerized forms.
Buy r ( } and Seller acknowledge receipt of a copy of this page, which is Page 8 of 8 Pages.
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Exhibit "A" Ruth Sullivan Living Trust to City of Sebastian
From the Northwest corner of Government Lot 5, Section 6, Township 31 South, Range 39 East,
Indian River county, Florida, run southerly along the West boundary of said Government Lot
5 a distance of 382.06' to the South right-of-way line of main Street-; thence, run North 83'
25'31" East along said South right-of-way line a distance of 179.00 feet to an iron pipe at
the Southeast corner of new U. s. Highway No. 1 and Main street; thence, South 17,29'29"
East along said Fast right-of-way a distance of 203.401; thence, North 76'24'31" East a
distance of 114.97 feet to the Point of Beginning; thence, South 21'22'36" Fast a distance
of 186.51 feet; thence North 73'08131" East a distance of 127.35 feet to the West right-
of-way of old U.S. Highway No. 1, thence, Nortli 25'29129" Kest along the West right -
of --way of old U.S. Highway 1b, 1 a distance of 181.25 Feet to a point; thence, South 76"
24'31" West a distance of 114.97 Feet to the Point of Beginning; Situate in the City of
Sebastian, Indian River County, Florida;
TOGETM with improvwents located thereon and contents therein;
'lt7GMIIM with any and all riparian, water and littoral rights therreunto belonging or in
anywise appertaining.
ANa,ALSO:
All that part lying Fast of old U.S. Highway No. 1, also }moan as Old Dixie Highway, of the
following described land:
Beginning at a point on the South side of 60 foot street 372 feet South, and North 78 3/4
degrees East 128 10/12 feet to the southeast corner of Government Lot 1; run Southerly on a
30 foot: street 254 feet to the Point of Beginning. Thence, run South 14 1/4 degrees, East
298 1/2 feet; run East 450 feet to the Fest shoreof the Indian River; run Northerly along
river shore 300 feet, more or less, to a corner of land deeded to Oscar N. Gaffney; thence
South 80 1/4 degrees West 400 feet to the Point of Beginning.
Excepting any portion now in use as street or highway, less South 135 feet, all in Section
6, Township 31 South, Range 39 East, Indian river County, City of Sebastian, Florida."
TOGE1'FM with any and all riparian, water and littoral rights thereunto belonging or in
anywise appertaining;
SUWBC! ' to all easements, restrictions, reservations, dedications and right-of-way of
record;
SUBJD= to taxes accruing subsequent to 1974, while preserved as a Life Time Estate;
SUBJELT to Purchase Money (Mortgage frau Grantors of even date, securing the original
principal amount of $100,000.;
GRMIM herein convey the name "HARAOR LIGHM C'OUR'P" to munE1S and said GRANEOR5 do
hereby fully warrrant the title to said land, and will defend the same against the lawful
claims of all persons whomsoever.
256 of 286
Commercial Contract RAK
UPS
a
1. PARTIES AND PROPERTY: City of Sebastian ("Buyer')
2 agrees to buy and Ruth I. Sullivan, revocable living trust ("Seller")
3 agrees to sell the property at:
.7 Street Address: 1215 Indian River Drive, Sebastian, FL 32958
13 Legal Description: Lengthy see attached exhibit "A" Indian River County parcel 1131390600000005000010.0
7
a and the following Personal Property: None
10 (all collectively referred to as the "Property") on the terms and conditions set forth below.. $850,000.00
l 1 2. PURCHASE PRICE: $ B50,600.6 } fI
12 (a) Deposit held in escrow by: To be determined 55,000.00
13 ("Escrow Agent") (checks are subject to actual and rinul colect:on)
14 Escrow Agent's address: Phone:
is (b)Additionat deposit to be made to Escrow Agent
16 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or
17 ❑ within days after Effective Date 3
18 (c) Additional deposit to be made to Escrow Agent
19 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or
20 ❑ within days after Effective Date $
21 (d) Total financing (see Paragraph 5) $
22 (e) Other $
23 (f) All deposits will be credited to the purchase price at closing, $845,000
24 Balance to close, subject to adjustments and prorations, to be paid
25 via wire transfer. $e.80
26 For the purposes of this paragraph, "completion" means the end of the Due Diligence Period or upon delivery of
27 Buyer's written notice of acceptability Abi'ler January 5, 201826 3. TiME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME: Unless this offer is signed by
2t] and Buyer and an executed copy delivered to all parties on or before Derember 26, 201 , this offer
all will be withdrawn and the Buyer's deposit, If any, will be returned. The time for acceptance of any counter offer will be
31 3 days from the date the counter offer is delivered. The "Effective Date" of this Contract is the date on which the
32 last one of the Seiler and Buyer has signed or initialed and delivered this offer or the final counter offer or
33 . Calendar days will be used %then computing time periods, except time periods of 5
3. days or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal
35 holidays. Any time period ending on a Saturday, Sunday, or national legal holiday will extend until 5:00 p.m. of the next
36 business day. Time is of the essence in this Contract.
37 4. CLOSING DATE AND LOCATION:
38 (a) Closing Date: This transaction will be closed on See Comments ' (Closing Date), unless
39 specifically extended by ether provisions of this Contract. The Closing Date will prevail over all other time periods
•!o incl ding, but not limited to, Financing and Due Diligence periods, In the event insurance underwriting is suspended
Buyar f/ _ .i (_} and Sellar ( %._ j (_ ) acknovrledge receipt of a copy of this papa, vAilch Is Page 1 of 0 Pages.
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ni on Closing Date and Buyer is unable to obtain oropertyinsurance, Buyer may postpone closing up to 5 days after
42 the insurance underwriting suspension is lifted.
4.1 (b) Location: Closing will take place in Indian River County, Florida. (If left blank, closing will take place in the
44 county where the property is located.) Closing may be conducted by mail or electronic means.
45 5. THIRD PARTY FINANCING:
4r, BUYER'S OBLIGATION: On or before days (5 days if left blank) after Effective Date, Buyer will apply for third
47 party financing in an amount not to exceed % of the purchase price or 3 with a fixed
48 interest rate not to exceed % per year with an initial variable interest rate not to exceed %, with points or
•1e commitment or loan fees not to exceed % of the principal amount, for a term of years, and amortized
50 over years, with additional terms as follows:
5!
52 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any
53 lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval within days (45 days if left
54 blank) from Effective Date (Loan Approval Date), (fi) satisfy terms and conditions of the Loan Approval, and (illi) close
55 (lie loan, Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage
su broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon
57 obtaining financing or being rejected by a lender. CANCELLA71ON: If Buyer, after using good faith and reasonable
58 diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within days (3 days if left blank)
50 deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract.
so If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter.
31 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of
62 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 5 only): if Buyer
63 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and
64 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or
65 before the Closing Date without fault on Buyer's part, the Deposit(s) shall be returned to Buyer, whereupon both
fjs parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving
67 the termination of this Contract, If neither party elects to terminate this Contract as set forth above or Buyer fails to use
sa good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction
69 does not close. For purposes of this Contract, "Loan Approval" means a statement by the lender setting forth the terms
7n and conditions upon which the fender is willing to make a particuiar mortgage loan to a particular buyer. Neither a pre -
71 approval letter nor a prequaltfication lV-A
Il a deemed a Loan Approval for purposes of this Contract.
72 6. TITLE: Seller has the legal a tconvey marks ab a title to the rg erty by ❑ statutory warranty
73 deed special warranty dead other J.'//K l.r/sc'`� i lviFfi?;�.7x �rQirea of liens, easements and
74 encumbrances of record or kn n o"
Se 1[ er, bLXubject to property taxes fo/he year of closing; covenants,
75 restrictions and public utility easements of record; existing zoning and govemmental regulations; and (list any other
76 matters to which title will be subject)
77
78 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the
79 Property as
80 (a) Evidence of TiUe: The party who pays the premium for the title insurance policy will select the closing agent
a1 and pay for the title search and closing services. Seller will, at (check one) 2Seller's [I Buyer's expense and
82 Ni lin days after Effective Date or at feast 15 days before Closing Date deliver to Buyer (check one)
63 1 (i) a title insurance commitment by a Florida licensed title insurar setting forth those matters to be discharged by
8 liar at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase
85 price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and
Bs Seller has an owner's policy, Seller wlil deliver a copy to Buyer within 15 days after Effective Date. ❑ (ii.) an
87 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm.
88 However, if such an abstract is not available to Seller, then a prior owner's We policy acceptable to the proposed
rig insurer as a base for reissuance of coverage may be used. The prior policy will include copies of all policy
90 exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or
13uyo C ---J and Sailor };} acknavAedge rerMpl of a copy of t11fs page, tifiicll 1% Page 2 of Q Pages.
02017 Florida Rmws•
Scmila. 004206.3001644710396 t l l Ill 11 sI 111111 i c 11..
258 of 286
91 Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. If such
42 an abstract or prior policy is not available to Seller then (i.) above will be the evidence of title.
�3 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliverwrillen notice to Seller
94 of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2)
gs Buyer delivers proper written notice and Seller cures the defects within 15 days from receipt of the notice
go ("Curative Period"), Seller shall use good faith efforts to cure the defects. if the defects are cured within the
17 Curative Period, closing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the
98 scheduled Closing Date. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be
N cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 14 days
Wo from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept
€01 title subject to existing defects and close the transaction without reduction in purchase price.
102 (c) Survey: (check applicable provisions below)
103 (1.) g Seller will, within 15 days from Effective Date, deliver to Buyer copies of prior surveys,
104 plans, specifications, and engineering documents, if any, and the iollowing documents relevant to this
105 transaction;
1013
+07 prepared for Seiler or in S let's possession, which show all currently existing structures. In the event this
108 transaction doeWnocI a ocuments provided by Seller will be returned to Seller w' 'n 14 days from the
109 date this Contraat d. Buyer to pay fon survey of property110 ❑x Buyer will, a's M Buyer's expense and within the time period allowed t ewer and examine
11+ title evidence, orent certified survey of the Property from a registered surveyor. If the survey reveals
112 encroachments on the Property or that the improvements encroach on the lands of another, ❑ Buyer will
113 accept the Property with existing encroachments ❑x such encroachments will constitute a title defect to be
iia cured within the Curative Period.
115 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress.
1315 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition,
117 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition, Seller
118 makes no warranties other than marketability of title. in the event that the condition of the Property has materially
119 changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a
120 refund of any and all deposits paid, plus interest, if applicable, or require Seller to return the Property to the required
121 condition existing as of the end of Due Diligence period, the cost of which is not to exceed 5 (1.5% of
122 the purchase price, if left blank). By accepting the Property "as is", Buyer waives 211 c18471s against Seller for any
123 defects in the Property. (Check (a) or ib))
+24 ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as ls"
125 condition.
126 Z (b) Due Diligence Period: Buyer will, at Buyer's expense and within 30 days from Effective Date ("Due
127 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion. During the
128 term of this Contract, Buyer may conduct any tests, analyses, surveys and investigations ("Inspections") which
129 Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural,
130 environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision
131 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local,
132 state and regional growth management and comprehensive land use plans; availability of permits, government
133 approvals and licenses; compliance with American with Disabilities Act: absence of asbestos, soil and ground
134 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to
+35 Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property
136 is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property in
137 its present "as is" condition. Seller grants to Buyer, its agents, contractors and assigns, the right to enter the
138 Property at any time during the term of this Contract for the purpose of conducting Inspections, upon reasonable
130 notice, at a mutually agreed upon time; provided, however, that Buyer, its agents, contractors and assigns enter
140 the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from
141 losses, damages, costs, claims and expenses of any nature, including attorneys' fees at all levels, and from
142 liability to any person, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer
143 will not engage in any activity that could result in a mechanic's lien being filed against the Property without
144 Sell r'5 prior written consent. In the event this transaction does not close, (1) Buyer will repair all damages to the
Buy and Sellor L� ecknowlodge icceipt or a copy of Ihis page. w Lca Is Page 3 01`8 Pages.
..-2cCC -5 cv 8717 CM7 Florida Realtand
- - -- --
5nrla!if, QOi2d4J00151.7716i5G .. _. .. -. - .
25 -9 --of 286
145 Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the
e Inspections, and (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a
147 result of the Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that
'•48 Buyer's deposit will be immediately returned to Buyer and the Contract terminated.
a9 (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the
.50 parties, conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and
151 to ensure that all Properly is on the premises.
152 S. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Properly and any
+s3 business conducted on the Property in the manner operated prior to Contract and will take no action that would
154 adversely impact the Property after closing, as to tenants, lenders or business, if any. Any changes, such as renting
iss vacant space, that materially affect the Property or Buyer's Intended use of the Property will be permitted Ex only with
155 Buyer's consent ❑ without Buyers consent.
157 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with
i5B the norms tivhere the Property is located.
159 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at
160 closing. Seller will provide keys, remote controls, and any securitylaccess codes necessary to operate all locks,
I61 mailboxes, and security systems.
162 (b) Costs: Buyer will pay Buyers attorneys' fees, taxes and recording fees on notes, mortgages and financing
163 statements and recording fees for the deed. Seller will pay Seller's attorneys' fees, taxes on the deed and
sic recording fees for dccuments needed to cure title defects. If Seller is obligated to discharge any encumbrance at or
ins prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances.
ism (c) Documents: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable
167 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each
sae service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of its
169 contract, and any assignable warranties or guarantees received or held by Seller from any manufacturer,
170 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium
171 documents, if applicable; assignments of leases, updated rent roll: tenant and lender estoppels letters (if
172 applicable); tenant subordination, non -disturbance and attornment agreements (SNE)As) required by the Buyer or
173 Buyer's lender; assignments of permits and licenses; corrective instruments; and letters notifying tenants of the
174 change in ownershiplrental agent_ If any tenant refuses to execute an estoppels letter, Seller, if requested by the
175 Buyer in writing, will certify that information regarding the tenant's lease is correct, If Seller is an entity, Seller will
176 deliver a resolution of its governing authority authorizing the sale and delivery of the deed and certification by the
.77 appropnate party certifying the resolution and setting forth facts showing the conveyance conforms to the
178 requirements of local law. Seller wilt transfer security deposits to Buyer. Buyer will provide the closing statement,
fes mortgages and notes, security agreements, and financing statements.
189 (d) Taxes and Prorations: Rea; estate taxes, personal property taxes on any tangible personal property, bond
181 payments assumed by Buyer, interest, rents (based on actual collected rents), association dues, insurance
182 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the
183 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due
ltsa allowance being made for improvements and exemptions. Any tax proration based on an estimate will, at request
185 of either party, be readjusted upon receipt of current year's tax bill; this provision will survive closing.
iss (e) Special Assessment Liens: Certified, confirmed, and ratified special assessment liens as of the Closing Date
167 will be paid by Seller. If a certified, confirmed, and ratified special assessment is payable In installments, Sellerwill
i88 pay all installments due and payable on or before the Closing Date, with any installment for any period extending
las beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the
Iso Closing Dale. Buyer will be responsible for all assessments of any kind which become due and owing after Closing
191 Date, unless an improvement is substantially completed as of Closing Date. if an improvement is substantially
192 completed as of the Closing Date but has not resulted in a lien before closing, Seller will pay the amount of the last
193 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and
1S4 does not apply to condominium association special assessments.
iss (f) Foreign Investment in Real Property Tax Act (FIRPTA): If Seller is a "foreign person" as defined by FIRPTA,
106 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will
197 co late, execule, and deliver as directed any instrument, affidavit, or statement reasonably necessary to comply
Buy (_ 1 next sellerA_� L__—)fil
acknowledge receipt or a copy or this page, v ch is Page a of 8 Pages.
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260 of 286
t9a with the FIRPTA requirements, including delivery of their respective federal taxpayer identification numbers or
109 Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at closing to meet the
200 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the
201 requirement.
202 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to receive,
203 deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance with the
204 terms of this Contract. The parties agree [fiat Agent will not be liable to any person for misdelivery of escrowed items to
205 Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross negligence. If Agent
206 has doubt as to Agent's duties or obligations under this Contract. Agent may, at Agent's option, (a) hold the escrowed
207 items until the parties mutually agree to its disbursement or until a court of competent jurisdiction or arbitrator
203 determines the rights of the parties or (b) deposit the escrowed items with the clerk of the court having jurisdiction ever
tog the matter and file an action in interpleader. Upon notifying the parties of such action, Agent will be released from all
210 liability except for the duty to account for items previously delivered out of escrow, If Agent is a licensed real estate
211 broker, Agent will comply with Chapter 475, Florida Statutes. In any suit in which Agent interpleads the escrowed items
212 or is made a party because of acting as Agent hereunder, Agent will recover reasonable attorney's fees and costs
213 incurred, with these amounts to be paid from and out of the escrowed items and charged and awarded as court costs
214 in favor of the prevailing party.
2115 11. CURE PERIOD: Prior to any claim for default being made, a patty will have an opportunity to cure any alleged
215 default. if a party fails to comply with any provision of this Contract, the other party will deliver written notice to the non -
217 complying party specifying the non-compliance. The non -complying party will have 30 days (5 days if left blank) after
218 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close.
219 12. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable
220 to each other for damages so long as performance or non-performance of the obligation, or the availability of services,
221 insurance, Of required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force Majeure.
222 "Force Majeure' means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, unusual
223 transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent effort, the
224 non-performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will
225 be extended a reasonable time up to 7 days after the Force Majeure no longer prevents performance under this
226 Contract, provided, however, if such Force Majeure continues to prevent performance under this Contract more than
227 30 days beyond Closing Date, then either party may terminate this Contract by delivering written notice to the other
228 and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract.
229 13. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is
230 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyers deposit
231 will be resumed in accordance with applicable Florida Laws and regulations.
232 14. DEFAULT:
233 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make
234 the title marketable after diligent effort, Buyer may elect to receive return of Buyer's deposit without thereby
235 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek
235 specific performance. If Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the
237 brokerage fee.
238 (b) in the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1)
239 retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the
240 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek
241 specific performance. If Buyer fails to timely place a deposit as required by this Contract, Seller may either (1)
242 terminate tite Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without
243 waiving any remedy for Buyer's default.
2aa 15. ATTORNEY'S FEES AND COSTS. In any claim or controversy arising out of or relating to this Contract, the
las prevailing party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable
tae atiorneys' fees, costs, and expenses.
247 16. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or
248 electronic means. Parties agree to send all notices to addresses specified on the signature page(s). Any notice,
las document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker)
leorepres3n 'ng a party will be as effective as if given by or delivered to that party.
B[ryo [ �y and Sellar JL L acknavAedge receipt of a copy or Itis page. wWh is Page 5 or a Pages.
SGS R0v g117 QM17 �IOnda f1onlNrs"
Sarm15: 004 310151.7710396 - - -
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251 17. DISCLOSURES:
152 (a) Commercial Real Estate Sates Commission Lien Act: The Florida Commercial Real Estate Sales
7.53 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of
254 commercial real estate for any commission earned by the broker under a brokerage agreement, The lien upon the
255 owner's net proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not
256 attach to any interest in real property. This lien right cannot be waived before the commission is earned.
257 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special
2518 assessment tien(s) imposed by a public body. (A public body includes a Community Development District.) Such
259 liens, if any, shall be paid as set forth in Paragraph 9(e).
2s0 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
261 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
262 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon
263 and radon testing may be obtained from your county public health unit.
264 (d) Energy -Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by
265 Section 553.996, Florida Statutes.
x66 18. RISK OF LOSS:
287 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will
268 bear the risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be returned to
269 Buyer. Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and
270 Seller will credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim
271 to any insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any
272 such proceeds Seller shall not settle any insurance claim for damage caused by casualty without the consent of
273 the Buyer.
274 (b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the
275 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this
276 Contract without liability and the deposits) will be returned to Buyer. Alternatively. Buyer will have the option of
277 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at
278 closing the proceeds of any award, or Seller's claim to any award payable for the taking. Seller will cooperate
279 with and assist Buyer in collecting any such award.
2a0 19. ASSIGNABILITY, PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise Q is not
eat assignable ❑ is assignable. if this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement
262 to the Seller at least 5 days prior to Closing. The terms "Buyer, ""Seller" and "Broker" may be singular or plural. This
283 Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns (if
264 assignment is permitted).
285 20. MISCELLANEOUS., The terms of this Contract constitute the entire agreement between Buyer and Seller.
286 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound.
287 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated
286 electronically or on paper will be acceptable for alt purposes, including delivery, and will be binding. Handwritten or
las typewritten terms inserted in of attached to this Contract prevail over preprinted terms_ if any provision of this Contract
290 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be
291 construed under Florida law and will not be recorded in any public records.
29? 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a
293 licensed real estate Broker other than:
294 (a) Seller's Broker: SLC Commercial
2115 SLC Commercial
(company rlam772) 538-2841 (Liccaseo) Michael Yurocka
(Address• ic!cphcna. Fay E -mW)
296 who ❑ is a single agent 0 is a transaction broker (3 has no brokerage relationship and who will be compensated by
297 Ox Seller El Buyer Lj both parties pursuant to ❑x a listing agreement ❑ other (specify)
298
299
300 (b) Buyer's Broker: Rick Baker Realty, LLC
(comRan Name)
Zai 9015 Americana Rd. #9 Vero Beach, R 172-567-0551 F.W. Baker
[Address, Telephone, Fox. E-mao)
Buyer L_) and Seller (I sL( acknov4edge receipt of a copy of ails page, which Is Page 6 or a Pages.
c0.5 _ov 6117 C2LO17 Florlda Ree%drs-
N 9,11lNtl111))ic-iI
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302 who D is a single agent x❑ is a transaction broker[] has no brokerage relationship and who will be compensated by
303 0 Seller's Broker ❑ Seller❑ Buyer(] both parties pursuant tog an MLS offer of compensation ❑ other (specify)
304
305 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to
306 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to
307 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including
308 reasonable attorneys' fees at all levels, and from liability to any person, arising from. (1) compensation claimed which is
309 inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage Fee pursuant to
310 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of
311 services regulated by Chapter 475, Florida Statutes. as amended, or (4) recommendations of or services provided and
312 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer.
313
22. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to
314
315
this Contract):
❑Arbitration
❑ Seller Warranty []Existing Mortgage
316
❑ Section 1031 Exchange
❑ Coastal Construct -Ian Control Line ❑ Buyers Attorney Approval
317
❑ Property Inspection and Repair
❑ Flood Area Hazard Zone ❑ Sellers Attorney Approval
318
❑ Seller Representations
❑ Seller Financing ❑ Other
319
23. ADDITIONAL_ TERMS:
Buyer { ) CIA -
320
" This offer Is subject to a 2nd appraisal paid for by the sellerand Citv Council approval. Closinq to be scheduled
321
within 30 days after City Council approval.
322
--_
323
324
325
326
327
328
320
330
331
331
333
334
335
338
337
338
339
340
341
342 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE.
343 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL
344 'FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN AP'P'ROPRIATE
345 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE
346 EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR
347 REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER
Buydr (Y,�_) arta SeflorgJ2 ( _� ackno%Aedge reeeipl of a copy of LNs page. tW»ch Is Page 7 of 8 Pages.
CC -5 'Rev 9117 4120 f7 Florida Raaitors°
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263 of 286
348 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL
.ia9 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER
350 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF
351 THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND
952 GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND
353 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE.
354 Each person signing this Contract on behalf of a pasty that is a business entity represents and warrants to the other
35$ party that such signatory has full power and authority to enter into and perform this Contract in accordance with its
356 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized
357 to do so.
358�.� Date:
(Signature o B er/
359 - L'71� / r Tax ID No.
(Typed or Printed Name of Buyer)
360 Title: City Manager Telephone: - — -
361 Date:
(Signature of Buyer
AQ Tax ID No.:
(Typed or Printed Name of Buyer)
363 Title: Telephone:
36.1 Buyer's Address for purpose of notice
365 Facsimile: Email
372 Sellers Address for purpose of notice:
373 Facsimile: Email;
Flon3a RC-ALTOA3' mbkaa no reprtl:enralEan as to the legal validity or adaquacy of any provision of this form In any speorl, tlansacilon, This slandazQed rorm ihoLld
not �a usn0 in Complex Uansoctgm Or with eAansiva rider* Cr add,t:Rns. This form Is avaltable for use by the emits real estate tnd-mtry (Intl is nal Intended to identify the
user as REALTOR. REALTOR' is a regialowd C014ctive n%amLersldp musk v.,hrJt maybe usu7 only by real eslala lirenseas who am ". mbers of the NATIONAL
ASSOCIATtours N OF REALTORS' and who subscritm to Its Code at Ethics. The copyright to" or united slates (IT U.S. Coda) forbid the unatnhorized reproduction of this
faun by any means Inctvdinp 1RMnalle or =npufenzea forms.
7
13uyer aria Selior ( (_) nchnovrledge recelp 1 of a copy of this page. whm11 is Page R or 8 Pages,
t:C-5' av9r1% C2017FronaaReatAri-
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() nature of Seller)
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367
Ru t* 7: .$"ILL/ Vf4 nl
Tax ID No.:
(Typed or Printed Name of Seller)
368
Title:
Telephone:
3613
Date:
(Signature of Seller)
370
Tax IR No.:
(Typed or Printed Name of Seller)
7171
Title:
Tetephone:
372 Sellers Address for purpose of notice:
373 Facsimile: Email;
Flon3a RC-ALTOA3' mbkaa no reprtl:enralEan as to the legal validity or adaquacy of any provision of this form In any speorl, tlansacilon, This slandazQed rorm ihoLld
not �a usn0 in Complex Uansoctgm Or with eAansiva rider* Cr add,t:Rns. This form Is avaltable for use by the emits real estate tnd-mtry (Intl is nal Intended to identify the
user as REALTOR. REALTOR' is a regialowd C014ctive n%amLersldp musk v.,hrJt maybe usu7 only by real eslala lirenseas who am ". mbers of the NATIONAL
ASSOCIATtours N OF REALTORS' and who subscritm to Its Code at Ethics. The copyright to" or united slates (IT U.S. Coda) forbid the unatnhorized reproduction of this
faun by any means Inctvdinp 1RMnalle or =npufenzea forms.
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Commercial Contract
1. PARTIES AND PROPERTY:
agrees to buy and
agrees to sell the property at:
City of Sebastian
Ruth I. Sullivan, revocable living trust
Street Address: 1215 Indian River Drive, Sebastian, FL 32958
BAKER
Legal Description: Lengthy see attached exhibit "A" Indian River County parcel 431390600000005000010.0
and the following Personal Property: None
(ail collectively referred to as the "Property") on the terms and conditions set forth below.
2. PURCHASE PRICE: $ 700,000.00
(a) Deposit held in escrow by: To be determined $ 5,000.00
("Escrow Agent") (checks are subject to actual and final collection)
Escrow Agent's address: Phone.-
(b)
hone:(b) Additional deposit to be made to Escrow Agent
❑ within days (3 days, if left blank) after completion of Due Diligence Period or
❑ within days after Effective Date $
(c) Additional deposit to be made to Escrow Agent
❑ within days (3 days, if left blank) after completion of Due Diligence Period or
❑ within days after Effective Date $
(d) Total financing (see Paragraph 5) $
(e) Other $
(f) All deposits will be credited to the purchase price at closing.
Balance to close, subject to adjustments and prorations, to be paid
via wire transfer. $ 695,000.00
("Buyer")
("Seller")
For the purposes of this paragraph, "completion" means the end of the Due Diligence Period or upon delivery of
Buyer's written notice of acceptability.
3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME: Unless this offer is signed by Seller
and Buyer and an executed copy delivered to all parties on or before January5, 2018 , this offer
will be withdrawn and the Buyer's deposit, if any, will be returned. The time for acceptance of any counter offer will be
3 days from the date the counteroffer is delivered. The "Effective Date" of this Contract is the date on which the
last one of the Seller and Buyer has signed or initialed and delivered this offer or the final counter offer or
. Calendar days will be used when computing time periods, except time periods of 5
days or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal
holidays. Any time period ending on a Saturday, Sunday, or national legal holiday will extend until 5:00 p.m. of the next
business day. Time is of the essence in this Contract.
37 4. CLOSING DATE AND LOCATION:
38 (a) Closing Date: This transaction will be closed on See Comments * (Closing Date), unless
39 specifically extended by other provisions of this Contract. The Closing Date will prevail over all other time periods
40 inclu 'ng, but not limited to, Financing and Due Diligence periods. In the event insurance underwriting is suspended
Bu t~ L`) and Sellar acknowledge receipt of a copy of this page, which is Page 1 of 8 Pages,
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41 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after
42 the insurance underwriting suspension is lifted.
43 (b) Location: Closing will take place in Indian River County, Florida. (If left blank, closing will take place in the
44 county where the property is located.) Closing may be conducted by mail or electronic means.
45 5. THIRD PARTY FINANCING:
46 BUYER'S OBLIGATION: On or before days (5 days if left blank) after Effective Date, Buyer will apply for third
47 party financing in an amount not to exceed % of the purchase price or $ , with a fixed
48 interest rate not to exceed % per year with an initial variable interest rate not to exceed %, with points or
49 commitment or loan fees not to exceed % of the principal amount, for a term of years, and amortized
50 over years, with additional terms as follows:
51
52 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any
53 lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval within days (45 days if left
54 blank) from Effective Date (Loan Approval Date), (ii) satisfy terms and conditions of the Loan Approval, and (iii) close
55 the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage
56 broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon
57 obtaining financing or being rejected by a lender. CANCELLATION: If Buyer, after using good faith and reasonable
58 diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within days (3 days if left blank)
59 deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract.
60 if Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter.
61 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of
62 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 5 only): If Buyer
63 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and
64 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or
65 before the Closing Date without fault on Buyer's part, the Deposit(s) shall be returned to Buyer, whereupon both
66 parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving
67 the termination of this Contract. If neither party elects to terminate this Contract as set forth above or Buyer fails to use
68 good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction
69 does not close. For purposes of this Contract, "Loan Approval" means a statement by the lender setting forth the terms
70 and conditions upon which the lender is willing to make a particular mortgage loan to a particular buyer. Neither a pre -
71 approval letter nor a prequalification letter shall be deemed a Loan Approval for purposes of this Contract.
f
72 6. TITLE: Seller has the legal city o t convey marketable title to the Property by E]statutory warranty
73 deed Zspecial warranty deed other fully insured warranty deed free of liens, easements and
74 encumbrances of record or kn to Serer, but subject to property taxes for the year of closing; covenants,
75 restrictions and public utility easements of record; existing zoning and governmental regulations; and (list any other
76 matters to which title will be subject)
77
78 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the
79 Property as
80 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent
81 and pay for the title search and closing services. Seller will, at (check one) x❑ Seller's ❑ Buyer's expense and
e2 within days after Effective Date or at least 15 days before Closing Date deliver to Buyer (check one)
e3 ❑x (i) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by
84 Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase
85 price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and
86 Seller has an owner's policy, Seller will deliver a copy to Buyer within 15 days after Effective Date. ❑ (ii.) an
87 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm.
88 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed
89 insurer as a base for reissuance of coverage may be used. The prior policy will include copies of all policy
90 exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or
Buye*v9117
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91 Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. If such
92 an abstract or prior policy is not available to Seller then (i.) above will be the evidence of title.
93 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller
94 of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2)
95 Buyer delivers proper written notice and Seller cures the defects within 15 days from receipt of the notice
96 ("Curative Period"). Seller shall use good faith efforts to cure the defects. If the defects are cured within the
97 Curative Period, closing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the
98 scheduled Closing Date. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be
99 cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 10 days
100 from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept
101 title subject to existing defects and close the transaction without reduction in purchase price.
102 (c) Survey: (check applicable provisions below)
103 (i.) x❑ Seller will, within 15 days from Effective Date, deliver to Buyer copies of prior surveys,
104 plans, specifications, and engineering documents, if any, and the following documents relevant to this
los transaction:
106
107 prepared for Seller or in Seller's possession, which show all currently existing structures. In the event this
108 transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the
109 date this Contract is terminated.
110 x❑ Buyer will, at ❑ Seller's x❑ Buyer's expense and within the time period allowed to deliver and examine
111 title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals
112 encroachments on the Property or that the improvements encroach on the lands of another, ❑ Buyer will
113 accept the Property with existing encroachments x❑ such encroachments will constitute a title defect to be
114 cured within the Curative Period.
115 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress.
116 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition,
117 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller
118 makes no warranties other than marketability of title. In the event that the condition of the Property has materially
119 changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a
120 refund of any and all deposits paid, plus interest, if applicable, or require Seller to return the Property to the required
121 condition existing as of the end of Due Diligence period, the cost of which is not to exceed S (1.5% of
122 the purchase price, if left blank). By accepting the Property "as is", Buyer waives all claims against Seller for any
123 defects in the Property. (Check (a) or (b))
124 ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is"
125 condition.
126 x❑ (b) Due Diligence Period: Buyer will, at Buyer's expense and within 30 days from Effective Date ("Due
127 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion. During the
128 term of this Contract, Buyer may conduct any tests, analyses, surveys and investigations ("Inspections") which
129 Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural,
130 environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision
131 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local,
132 state and regional growth management and comprehensive land use plans; availability of permits, government
133 approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and ground
134 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to
135 Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property
136 is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property in
137 its present "as is" condition. Seller grants to Buyer, its agents, contractors and assigns, the right to enter the
138 Property at any time during the term of this Contract for the purpose of conducting Inspections, upon reasonable
139 notice, at a mutually agreed upon time; provided, however, that Buyer, its agents, contractors and assigns enter
140 the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from
141 losses, damages, costs, claims and expenses of any nature, including attorneys' fees at all levels, and from
142 liability to any person, arising from the conduct of any and all inspections or any work authorized by Buyer, Buyer
143 will not engage in any activity that could result in a mechanic's lien being filed against the Property without
144 Seller's prior written consent. In the event this transaction does not close, (1) Buyer will repair all damages to the
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145 Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the
146 Inspections, and (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a
147 result of the Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that
148 Buyer's deposit will be immediately returned to Buyer and the Contract terminated.
149 (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the
150 parties, conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and
151 to ensure that all Property is on the premises.
152 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any
153 business conducted on the Property in the manner operated prior to Contract and will take no action that would
154 adversely impact the Property after closing, as to tenants, lenders or business, if any. Any changes, such as renting
155 vacant space, that materially affect the Property or Buyers intended use of the Property will be permitted 0 only with
156 Buyer's consent ❑ without Buyer's consent.
157 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with
158 the norms where the Property is located.
159 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at
160 closing. Seller will provide keys, remote controls, and any securitylaccess codes necessary to operate all locks,
161 mailboxes, and security systems.
162 (b) Costs: Buyer will pay Buyer's attorneys' fees, taxes and recording fees on notes, mortgages and financing
163 statements and recording fees for the deed. Seller will pay Seller's attorneys' fees, taxes on the deed and
164 recording fees for documents needed to cure title defects. If Seller is obligated to discharge any encumbrance at or
165 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances.
166 (c) Documents: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable
167 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each
168 service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of its
169 contract, and any assignable warranties or guarantees received or held by Seiler from any manufacturer,
170 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium
171 documents, if applicable; assignments of leases, updated rent roll; tenant and lender estoppels letters (if
172 applicable); tenant subordination, non -disturbance and attornment agreements (SNDAs) required by the Buyer or
173 Buyer's lender; assignments of permits and licenses; corrective instruments; and letters notifying tenants of the
174 change in ownership/rental agent. If any tenant refuses to execute an estoppels letter, Seller, if requested by the
175 Buyer in writing, will certify that information regarding the tenant's lease is correct. If Seller is an entity, Seller will
176 deliver a resolution of its governing authority authorizing the sale and delivery of the deed and certification by the
177 appropriate party certifying the resolution and setting forth facts showing the conveyance conforms to the
178 requirements of local law. Seller will transfer security deposits to Buyer. Buyer will provide the closing statement,
179 mortgages and notes, security agreements, and financing statements.
180 (d) Taxes and Prorations: Real estate taxes, personal property taxes on any tangible personal property, bond
181 payments assumed by Buyer, interest, rents (based on actual collected rents), association dues, insurance
182 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the
183 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due
184 allowance being made for improvements and exemptions. Any tax proration based on an estimate will, at request
185 of either party, be readjusted upon receipt of current year's tax bill; this provision will survive closing.
186 (e) Special Assessment Liens: Certified, confirmed, and ratified special assessment liens as of the Closing Date
187 will be paid by Seller. If a certified, confirmed, and ratified special assessment is payable in installments, Seller will
188 pay all installments due and payable on or before the Closing Date, with any installment for any period extending
189 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the
190 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing
191 Date, unless an improvement is substantially completed as of Closing Date. if an improvement is substantially
192 completed as of the Closing Date but has not resulted in a lien before closing, Seller will pay the amount of the last
193 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and
194 does not apply to condominium association special assessments.
195 (f) Foreign Investment in Real Property Tax Act (FIRPTA): If Seller is a "foreign person" as defined by FIRPTA,
196 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will
197 ;om_ lete, execute, and deliver as directed any instrument, affidavit, or statement reasonably necessary to comply
BuyaU acid Seller �� {) acknowledge receipt of a copy of this page, which is Page 4 of 8 Pages.
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198 with the FIRPTA requirements, including delivery of their respective federal taxpayer identification numbers or
199 Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at closing to meet the
200 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the
201 requirement.
202 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to receive,
203 deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance with the
204 terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to
205 Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross negligence. If Agent
los has doubt as to Agent's duties or obligations under this Contract, Agent may, at Agent's option, (a) hold the escrowed
207 items until the parties mutually agree to its disbursement or until a court of competent jurisdiction or arbitrator
los determines the rights of the parties or (b) deposit the escrowed items with the clerk of the court having jurisdiction over
los the matter and file an action in interpleader. Upon notifying the parties of such action, Agent will be released from all
210 liability except for the duty to account for items previously delivered out of escrow. If Agent is a licensed real estate
211 broker, Agent will comply with Chapter 475, Florida Statutes. In any suit in which Agent interpleads the escrowed items
212 or is made a party because of acting as Agent hereunder, Agent will recover reasonable attorney's fees and costs
213 incurred, with these amounts to be paid from and out of the escrowed items and charged and awarded as court costs
214 in favor of the prevailing party.
215 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged
216 default. If a party fails to comply with any provision of this Contract, the other party will deliver written notice to the non -
217 complying party specifying the non-compliance. The non -complying party will have 30 days (5 days if left blank) after
218 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close.
219 12. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable
220 to each other for damages so long as performance or non-performance of the obligation, or the availability of services,
221 insurance, or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force Majeure.
222 "Force Majeure" means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, unusual
223 transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent effort, the
224 non-performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will
225 be extended a reasonable time up to 7 days after the Force Majeure no longer prevents performance under this
226 Contract, provided, however, if such Force Majeure continues to prevent performance under this Contract more than
227 30 days beyond Closing Date, then either party may terminate this Contract by delivering written notice to the other
228 and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations underthis Contract.
229 13. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is
230 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit
231 will be returned in accordance with applicable Florida Laws and regulations.
232 14. DEFAULT:
233 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make
234 the title marketable after diligent effort, Buyer may elect to receive return of Buyer's deposit without thereby
235 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek
236 specific performance. if Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the
237 brokerage fee.
238 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1)
239 retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the
240 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek
241 specific performance. If Buyer fails to timely place a deposit as required by this Contract, Seller may either (1)
242 terminate the Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without
243 waiving any remedy for Buyer's default.
244 15. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the
245 ,prevailing party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable
246 attorneys' fees, costs, and expenses.
247 16. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or
248 electronic means. Parties agree to send all notices to addresses specified on the signature page(s). Any notice,
249 document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker)
250 representing a party will be as effective as if given by or delivered to that party.
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251 17. DISCLOSURES:
252 (a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales
253 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of
254 commercial real estate for any commission earned by the broker under a brokerage agreement. The lien upon the
255 owner's net proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not
256 attach to any interest in real property. This lien right cannot be waived before the commission is earned.
257 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special
258 assessment lien(s) imposed by a public body. (A public body includes a Community Development District.) Such
259 liens, if any, shall be paid as set forth in Paragraph 9(e).
260 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
261 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
262 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon
263 and radon testing may be obtained from your county public health unit.
264 (d) Energy -Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by
265 Section 553.996, Florida Statutes.
266 18, RISK OF LOSS:
267 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will
268 bear the risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be returned to
269 Buyer. Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and
270 Seller will credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim
271 to any insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any
272 such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of
273 the Buyer.
274 (b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the
275 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this
276 Contract without liability and the deposit(s) will be returned to Buyer. Alternatively, Buyer will have the option of
277 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at
278 closing the proceeds of any award, or Seller's claim to any award payable for the taking. Seller will cooperate
279 with and assist Buyer in collecting any such award.
280 19. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise x❑ is not
281 assignable ❑ is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement
282 to the Seller at least 5 days prior to Closing. The terms "Buyer, " "Seller" and "Broker" may be singular or plural. This
283 Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns (if
284 assignment is permitted).
285 20. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller,
286 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound.
287 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated
les electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or
289 typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract
290 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be
291 construed under Florida law and will not be recorded in any public records.
292 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a
293 licensed real estate Broker other than:
294 (a) Seller's Broker: SLC Commercial
(Company Name) (Licensee)
295 SLC Commercial (772) 538-2841 Michael Yurocco
(Address, Telephone, Fax E-mail)
296 who E] is a single agent [Kis a transaction broker L has no brokerage relationship and who will be compensated by
297 0 Seller El Buyer L] both parties pursuant to 0 a listing agreement ❑ other (specify)
298
299
300 (b) Buyer's Broker: Rick Baker Realty, LLC
(Com any Name (Licensee)
301 9015 Americana Rd. #9 Vero Beach, F`L 772-567-0551 F.W. Baker
(Address, Telephone. Fax, E-mail)
Buyer and Seller acknowledge receipt of a copy of this page, which is Page 6 of 8 Pages.
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302 who ❑ is a single agent 0 is a transaction broker ❑ has no brokerage relationship and who will be compensated by
303 Q Seller's Broker ❑ Seller ❑ Buyer ❑ both parties pursuant to 0 an MLS offer of compensation ❑ other (specify)
304
305 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to
306 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to
307 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including
308 reasonable attorneys' fees at all levels, and from liability to any person, arising from (1) compensation claimed which is
309 inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to
310 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of
311 services regulated by Chapter 475, Florida Statutes, as amended, or (4) recommendations of or services provided and
312 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer.
313 22. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to
314 this Contract):
315 []Arbitration ❑ Seller Warranty ❑ Existing Mortgage
316 ❑ Section 1031 Exchange ❑ Coastal Construction Control Line ❑ Buyer's Attorney Approval
317 ❑ Property inspection and Repair ❑ Flood Area Hazard Zone ❑ Seller's Attorney Approval
318 ❑ Seller Representations ❑ Seller Financing ❑ Other
319 23. ADDITIONAL TERMS:
320 * This offer is subject to a 2nd appraisal paid for by the buyer, and City Council approval. Closing to be scheduled
321 within 30 days after City Council approval.
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE
343 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL
344 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE
345 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE
346 EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR
347 REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER
Buy and Seller acknowledge receipt of a copy of this page, which is Page 7 of 8 Pages.
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348 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL
349 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER
350 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF
351 THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND
352 GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND
353 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE.
354 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other
355 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its
356 terms and eachper4exing this Contract and other documents on behalf of such party has been duly authorized
357 t0 d0 SO.
* i
358 �—� Date:
(Signature of Bu r/
359 J. Griffin Tax ID No.: _
(Typed or Printed Name of Buyer)
360 Title: City Manager Telephone:
361 Date:
(Signature of Buyer
362 Tax I D No.:
(Typed or Printed Name of Buyer)
363 Title: Telephone:
364 Buyer's Address for purpose of notice
365 Facsimile: Email:
366 Date:
(Signature of Seller)
367 Tax ID No.:
(Typed or Printed Name of Seller)
368 Title: Telephone:
369 Date:
(Signature of Seller)
370 Tax I D No.:
(Typed or Printed Name of Seller)
371 Title: Telephone:
372 Seller's Address for purpose of notice.-
373
otice:373 Facsimile: Email:
Florida REALTORS* makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should
not be used in complex transactions or with extensive riders or additions, This form is available for use by the entire real estate industry and is not intended to identify the
user as REALTOR`. REALTOR' is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL
ASSOCIATION OF REALTORS' and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of this
form by any means including facsimile or computerized forms.
Buye and Seller acknowledge receipt of a copy of this page, which is Page 8 of 8 Pages.
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Exhibit "A" Ruth Sullivan Living Trust to City of Sebastian
Fran the Northwest corner of Government Tot 5, Section 6, Zbwaship 31 South, Range 39 East,
Indian River County, Florida, run southerly along the fest; boundary of said Goverrurnnt Lot
5 a distance of 382.06' to the South right-oE-way line of Main Street; thence, run Norah 83'
25131" East along said South tight -of -way line a distance of 179.00 feet to an iron pipe at
the Southeast earner of new U. 5, Highway No. 1 and Main Street; thence, South 17'29'29"
East along said Exist right-of-way a distance of 203.401; Thence, North 76'29131" East a
distance of 114.97 feet to the 'Ibint of Beginning; thence, South 21'22'36" Eaat a distance
of 186.51 feet; thence North 7310V3111 Fast a distance of 127.35 feet to the 4kest right-
aE-way of old U.S. highway Nb. 1, thence, Horth 25'29129" Wast along tate West right-
of-way of old U.S. Highway No, 1 a distance of 181.25 Feet to a Point; thence, South 76'
24'31" Meat a distance of 114,97 Feet to Etre Noint of Beginning; Situate in the City of
Sebastian, Indian River CbLmn-y, Florida;
`IOG£IUM with irprovaTents located thereon and oanteAts therein;
TOGMIM with any and all riparian, water and littoral rights therreunto belonging or in
anywise appertaining.
AMALSO:
All that part lying East- of Old U.S, Highway iia. 1, also known as Old Ducie Highway, of the
following described lundt
Beginning at a point on the South side of 60 foot street 372 feet South, and North 78 3/4
degrees Fast 128 10/12 feet to the Southeast corner of Govern -tit Lot 1; run southerly on a
30 foot street 254 feet to the Point of Beginning. Thence, run South 14 1/4 degrees, tact
298 1/2 feet; run East 450 fep-t W the West shoreof the Indian divers rm Northerly along
river shore 300 feet, rmre or less, to a corner of land deeded to Oscar N. Gaffney; thence
south 80 1/4 degrees West 400 feet to the Point of Beginning,
Fx0epting any portion now in ube as street or highway, less south 135 feet, all in Section
ou
6, Township 31 Soaattt, Range 39 East, Indian river County, City of Sebastian, Florida.'
TOGM R with any and all riparian, water and littoral rights thereunW belonging or in
anywise appertaining;
SUB.jDC'F to all easements, restrictlons, reservations, dedications and right -of --xray of
record;
SUBjECI' to taxes docruing subsequent to 1974, while preserved as a Life 7 heeori anal
b'ilP. Ecr to Purchase Vioney Mortgage from Gran tars of even date, securing 9
principal amount of $.100,000.; , and said GRAS do
QVVIORS herein convey the nacre HARBOR I,IG[ii5 Ct7UR'P to GRA.t7i'RES Sli13R
hereby fully warrrant the title to said land, and will deEend the name against the lawful
claims of all persons whensoever,
2/3 of 286
274 of 286
ATTACHMENT 4
275 of 286
Commercial Contract
1 1 PARTIES AND PROPERTY: City of Sebastian ("Buyer')
2 agrees to buy and Ruth I Sullivan, revocable living trust ("Seller")
3 agrees to sell the property at:
4 Street Address- 1215 Indian River Drive, Sebastian, FL 32958
5
6 Legal Description: Lenqthy see attached exhibit "A" iridian RlverCounty parcel #31390600000005000010.0
7
e and the following Personal Property. None
9
10 (all collectively referred to as the "Property") on the terms and conditions set forth below,
11 2. PURCHASE PRICE: $ 750,000.00
12 (a) Deposit held in escrow by- Professional Title of Indian River $ 5,000.00
13 ("Escrow Agent") (checks are subject to actual and final collection)
14 Escrow Agent's address: cindy@professionaltitleirc.com phone: 589-3231
15 (b) Additional deposit to be made to Fscrow Agent
16 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or
17 ❑ within days after Effective Date $
18 (c) Additional deposit to be made to Escrow Agent
19 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or
20 ❑ within days after Effective Date $
21 (d) Total financing (see Paragraph 5) $
22 (e) Other $
23 (f) All deposits will be credited to the purchase price at closing.
24 Balance to close, subject to adjustments and prorations, to be paid
25 via wire transfer. $ 745.000.00
26 For the purposes of this paragraph, "completion" means the end of the Due Diligence Period or upon delivery of
27 Buyer's written notice of acceptability.
2C 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME: Unless this offer is signed by Seller
lei and Buyer and an executed copy delivered to all parties on or before January 25, 2018 , this offer
3c• will be withdrawn and the Buyer's deposit, if any, will be returned, The time for acceptance of any counter offer will be
31 3 days from the date the counter offer is delivered The "Effective Date" of this Contract is the date on which the
32 last one of the Seller and Buyer has signed or initialed and delivered this offer or the final counter offer or
33 . Calendar days will be used when computing time periods, except time periods of 5
34 days or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal
35 holidays. Any time period ending on a Saturday, Sunday or national legal holiday will extend until 5:00 p.m. of the next
35 business day. Time is of the essence in this Contract.
37 4. CLOSING DATE AND LOCATION:
38 (a) Closing Date: This transaction will be closed on See Comments(Closing Date), unless
39 specifically extended by other provisions of this Contract. The Closing Date will prevail over all other time periosts
40 including, but not limited to, Financing and Due Diligence periods. In the event insurance underwriting is suspended
r
buyer anu seller acknowleUge receipt of a cupy of this page, which ss Page 1 of 8 Pages_
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41 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after
_1� the insurance underwriting suspension is lifted.
a3 (b) Location: Closing will take place in Indian River County, Florida (If left blank. closing will take place in the
.44 county where the property is tocated ) Closing may be conducted by mail or electronic means.
�5 5. FHttRD PARTY FINANCING: _
46 BLIYEW�S OBLIGATION: On or before days (5 days if left blank) afferEffetttve-Date:-Buyer-wi4l-a€aplyiaa�
party financing in an amount not to exceed % of the purchase price or 5 with a fixed
as interest rate nat-to exceed % per year with an initial variable interest rate not to exceed °fo, Wit- points or
4�1 commitment or loan es not to exceed % of the principal amount, for a term of yearend amortized
50 over years, with dt,ona, terms as follows:
5f
52 Buyer will timely provide any an ll credit, employment, financial and other information reasonably required by any
53 lender- Buyer will use good faith and-,easonable diligence to (i) obtain Loan AppCoval within days (45 days if left
54 blank) from Effective Date (Loan Approval ate). (ii) satisfy terms and conditions of the Loan Approval, and (iii) close
55 the loan. Buyer will keep Seller and Broker fu,11y informed about loan application status and authorizes the mortgage
ss broker and lender to disclose al? such information to Seller and Broker. Buyer will notify Seller immediately upon
57 obtaining financing or being rejected by a lender C CELt_A.WON: if Buyer, after using good faith and reasonable
58 diligence, fails to obtain Loan Approval by Loan Appro0al Date, Buyer may within days (3 days if left blank)
5s deliver written notice to Seller stating Buyer either waives t is financing contingency or cancels this Contract.
60 If Buyer does neither, then Seller may cancel this Contract b+ -delivering written notice to Buyer at any time thereafter.
st Unless this financing contingency has been, waived, this Contractbkall remain subject to the satisfaction, by closing, of
62 those conditions of Loan Approval related-to the Property- DEPOSITM (for purposes of Paragraph 5 only): if Buyer
63 has used good faith and reasonable-diligence but does not obtain Loan Apk�roval by Loan Approval Date and
64 thereafter either party elects to. ca this Contract as set forth above or thei der fails or refuses to close on or
ss before the Closing Date without fault on Buyer's part, the Deposit(s) shall be re ed to Buyer, whereupon both
ss parties will be released from all further obligations under this Contract, except For obi atians stated herein as surviving
67 the termination of-alis Contract. If neither party elects to terminate this Contract as set h above or Buyer fails to use
se good faith orseasonable diligence as set forth above, Seller will be entitled to retain the De sit(s) if the transaction
ua does nct-cfose For purposes of this Contract, "Loan Approval" means a statement by the lend etting forth the terms
70 and zonditions upon which the lender is willing to make a particular mortgage loan to a particular b er. Neither a pre-
71 a0provaWettsr-nor-a-prequalification.letier shall-be deemed-a. Loan-ApprGva€-far-frur$oses-of-this t.
72 6. TITLE: Seiler has the legal capacity to and will convey marketable title to the Property by ❑ statutory warranty
73 deed ❑x special warranty deed ❑ other fully insured warranty deed , free of liens, easements and
74 encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants,
75 restrictions and public utility easements of record; existing zoning and governmental regulations; and (list any other
.5 matters to which title will be subject)
77
78 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the
79 Property as
do (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent
of and pay for the title search and closing services. Seller will, at (check one) ❑x Seller's ❑ Buyer's expense and
82 within 15 days after Effective Date or at least days before Closing Date deliver to Buyer (check one)
a3 ❑x (i) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by
84 Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase
85 price for fee simple title subject only to exceptions stated above If Buyer is paying for the evidence of title and
as Seller has an owner's policy Seller w4l deliver a copy to Buyer within 15 days after Effective Date. ❑ (ii.) an
37 abstract of title. prepared or brought current by an existing abstract firm or certified as correct by an existing firm.
ae However, if such an abstract is not available to Seller, then a prior owners title policy acceptable to the proposed
as insurer as a base for reissuance of coverage may be used. The prior policy will include copies of all policy
90 exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or
Buyer (_, ( ) and Seller gY ) ( _ __ _ i acknowledge rete pl of a copy of this page, which is Page 2 of S Pages.
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91 Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. If such
92 an abstract or prior policy is not available to Seller then (i.) above will be the evidence of title.
93 (b) Title Examination: Buyer will. within 15 days from receipt of the evidence of title deliver written notice to Seller
44 of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2)
95 Buyer delivers proper written notice and Seller cures the defects within 15 days from receipt of the notice
96 ("Curative Period"). Seller shall use good faith efforts to cure the defects if the defects are cured within the
97 Curative Period, closing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the
98 scheduled Closing Date Seller may elect not to cure defects if Seller reasonably believes any defect cannct be
99 cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 10 days
100 from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept
101 title subject to existing defects and close the transaction without reduction in purchase price.
102 (c) Survey: (check applicable provisions below)
103 (i.) ❑x Seller will, within 15 days from Effective Date, deliver to Buyer copies of prior surveys,
104 plans, specifications, and engineering documents, if any, and the following documents relevant to this
105 transaction
1136
r07 prepared for Seiler or in Seller's possession, which show all currently existing structures. In the event this
117E transaction does not close, all docurrlents provided by Seller will be returned to Seller within 10 days from the
109 date this Contract is terminated.
11c Q Buyer wilt. at ❑ Seller's ❑x Buyer's expense and within the time period allowed to deliver and examine
111 title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals
112 encroachments on the Property or that the improvements encroach on the lands of another. ❑x Buyer will
113 accept the Property with existing encroachments asueh encroachments will constitute -a- itle-defect to -be
114 G gyred- A4hin the- Curative -Period.
115 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress
116 7. PROPERTY CONDITION,. Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition,
117 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller
118 makes no warranties other than marketability of title. I n the event that the condition of the Property has materially
119 changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a
12.0 refund of any and all deposits paid, plus interest, if applicable, or require Seller to return the Property to the required
121 condition existing as of the end of Due Diligence period, the cost of which is not to exceed $ (1,5% of
122 the purchase price, if left blank). By accepting the Property "as Is", Buyer waives all claims against Seller for any
123 defects in the Property. (Check (a) or (b))
124 ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is"
125 condition.
126 Ex)x, (b) Due Diligence Period: Buyer will, at Buyer's expense and within 30 days from Effective Date ("Due
127 Diligence Period"). determine whether the Property is suitable, In Buyer's sole and absolute discretion. During the
128 "term of this Contract, Buyer may conduct any tests, analyses, surveys and investigations ("inspections") which
129 Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural,
130 environmental properties; zoning and zoning restrictions; Flood zone designation and restrictions, subdivision
131 regulations: soil and grade; availability of access to public roads, water, and other utilities; consistency with local.
132 state and regional growth management and comprehensive land use plans; availability of permits, government
133 approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and ground
134 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to
135 Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property
las is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property in
137 its present "as is" condition. Seller grants to Buyer, its agents, contractors and assigns, the right to enter the
138 Property at any time during the term of this Contract for the purpose of Conducting Inspections, upon reasonable
139 notice at a mutually agreed upon time, provided, however, that Buyer, its agents, contractors and assigns enter
140 the Property and conduct Inspections at their own risk, Buyer will indemnify and hold Seller harmless from
141 losses, damages, costs, claims and expenses of any nature, including attorneys' fees at all levels, and from
142 liability to any person, arising from the conduct of any and all inspections or any work authorized by Buyer Buyer
143 will not engage in any activity that could result in a mechanic's lien being filed against the Property without
144 Seller's prior written consent. In the event this transaction does not etose, (1) Buyer will repair all damages to the
7r
r
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145 Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the
145 Inspections. and (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a
147 result of the Inspections. Should Buyer deliver timely notice that the Property is not acceptable. Seller agrees that
148 Buyer's deposit will be immediately returned to Buyer and the Contract terminated.
149 (c) Walk-through Inspection: Buyer may, on the day pnor to closing or any other time mutually agreeable to the
150 parties. conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and
151 to ensure that all Property is on the premises.
152 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any
153 business conducted on the Property in the manner operated prior to Contract and will take no action that would
154 adversely impact the Property after closing, as to tenants, lenders or business, if any. Any changes, such as renting
155 vacant space, that materially affect the Property or Buyer's intended use of the Property will be permitted ❑x only with
156 Buyer's consent ❑ without Buyer's consent.
157 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with
158 the norms where the Property is located.
159 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at
tee closing. Seller will provide keys, remote controls, and any security/access codes necessary to operate all locks,
161 mailboxes, and security systems.
162 (b) Costs: Buyer will pay Buyer's attorneys' fees. taxes and recording fees on notes, mortgages and financing
163 statements and recording fees for the deed. Seiler will pay Seller's attorneys' fees. taxes on the deed and
164 recording fees for documents needed to cure title defects. If Seller is obligated to discharge any encumbrance at or
165 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances.
1615 (c) Documents: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable
tel service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each
168 service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of its
169 contract, and any assignable warranties or guarantees received or held by Seller from any manufacturer,
170 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium
171 doruments, if applicable, assignments of leases, updated rent roll; tenant and lender estoppels letters (if
172 applicable); tenant subordination, non -disturbance and attornment agreements (SNDAs) required by the Buyer or
173 Buyer's lender, assignments of permits and licenses; corrective instruments; and letters notifying tenants of the
174 change in ownershiplrental agent. If any tenant refuses to execute an estoppels letter, Seller, if requested by the
175 Buyer in writing, will certify that information regarding the tenant's lease is correct. If Seller is an entity, Seller will
176 deliver a resolution of its governing authority authorizing the sale and delivery of the deed and certification by the
177 appropriate party certifying the resolution and setting forth facts showing the conveyance conforms to the
173 requirements of local law. Seller will transfer security deposits to Buyer. Buyer will provide the closing statement,
179 mortgages and notes, securlty agreements; and financing statements.
180 (d) Taxes and Prorations: Real estate taxes, personal property taxes on any tangible personal property, bond
181 payments assumed by Buyer, interest, rents (leased on actual collected rents), association dues, insurance
182 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the
183 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due
184 allowance being made for improvements and exemptions. Any tax proration based on an estimate will, at request
185 of either party, be readjusted upon receipt of current year's tax bill; this provision will survive closing.
186 (e) Special Assessment Liens: Certified, confirmed, and ratified special assessment liens as of the Closing Date
187 will be paid by Seller. If a certified, confirmed, and ratified special assessment is payable in installments, Seller will
138 pay all installments due and payable on or before the Closing Date, with any instailment for any period extending
189 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the
190 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing
191 Date, unless an improvement is substantially completed as of Closing Date. If an improvement Is substantially
192 completed as of the Closing (gate but has not resulted in a lien before closing, Seller will pay the amount of the last
193 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and
194 does riot apply to condominium association special assessments
195 (f) Foreign Investment in Real Property Tax Act (FIRPTA): If Seller is a "foreign person" as defined by FIRPTA,
196 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will
i97 complete, execute, and deliver as directed any instrument, affidavit, or statement reasonably necessary to comply
Buyer 1— (_ f) and Seller,} (.__� ac€ nowledoe receipt of a copy of lhls pada, which is Page 4 of 8 Pages
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198 with the FIRPTA requirements, including delivery of their respective federal taxpayer identification numbers or
199 Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at closing to meet the
200 withholding requirement. Seller will deliver to Buyer at closing the additional cash necessary to satisfy the
Z01 roquirement.
202 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to receive.
203 deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance with the
204 terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to
los Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross negligence If Agent
206 has doubt as to Agent's duties or obligations tinder this Contract, Agent may, at Agent's option, (a) hold the escrowed
207 items until the parties mutually agree to its disbursement or until a court of competent jurisdiction or arbitrator
Z08 determines the rights of the parties or (b) deposit the escrowed items wish the clerk of the court having jurisdiction over
209 the matter and file an action in interpleader Upon notifying the parties of such action, Agent will be released from all
210 liability except for the duty to account for items previously delivered out of escrow. If Agent is a licensed real estate
211 broker. Agent will comply with Chapter 475. Florida Statutes In any suit in which Agent interpleads the escrowed items
212 or is made a party because of acting as Agent hereunder. Agent will recover reasonable attorney's fees and tests
213 incurred, with these amounts to be paid from and out of the escrowed items and charged and awarded as court costs
214 in favor of the prevailing parry.
215 11. CURE PERIOD: Prior to any claim for default being made. a party will have an opportunity to cure any alleged
216 default. If a party fails to comply with any provision of this Contract, the other party will deliver written notice to the non -
217 complying party specifying the non-compliance. The non -complying party will have 30 days (5 days if left blank) after
218 delivery of such notice to cure the non-compliance, Notice and cure shall not apply to failure to close.
2•9 12. FORCE MAJEURE. Buyer or Seller shall not be required to perform any obligation under this Contract or be liable
220 to each other for damages so long as performance or non-performance of the obligation, or the availability of services,
221 insurance, or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force Majeure.
222 "Force Majeure" means: hurricanes, floods, extreme weather, earthquakes, fire. or other acts of God, unusual
223 transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent effort, the
224 non-performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing hate, will
225 be extended a reasonable time up to 7 days aver the Force Majeure no longer prevents performance under this
226 Contract, provided, however, if such Force Majeure continues to prevent performance under this Contract more than
227 30 days beyond Closing Date then either party may terminate this Contract by delivering written notice to the other
228 and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract.
229 13. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is
230 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit
231 will be retumed in accordance with applicable Florida Laws and regulations
232 14. DEFAULT:
233 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make
234 the title marketable after diligent effort, Buyer may elect to receive return of Buyer's deposit without thereby
235 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek
236 specific performance. If Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the
237 brokerage fee
238 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1)
239 retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the
240 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek
241 specific performance. If Buyer fails to timely place a deposit as required by this Contract, Seller may either (1)
242 terminate the Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without
243 waiving any remedy for Buyer's default.
244 15. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the
245 prevailing party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable
246 attorneys' fees, costs, and expenses.
247 16. NOTICES: All notices will be in writing and may be delivered by mail. overnight courier, personal delivery, or
248 electronic means, Parties agree to send all notices to addresses specified on the signature page(s). Any notice,
249 document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker)
250 representing a party will be as effective as if given by or delivered to that party
Buyer (___) ( and Seller} L _ ) acXr.owledge receipt of a copy of this page, which is Page 5 of B Pagiis
::C -s Rev 9117 ®2017 Florida Reallor_e
saw osssaraaaists�ec9os
280 of 286
251 17. DISCLOSURES
252 (a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales
253 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of
254 Commercial real estate for any commission earned by the broker under a brokerage agreement. The lien upon the
255 owner's net proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not
256 attach to any interest in real property_ This lien right cannot be waived before the commission is earned.
257 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special
258 assessment lien(s) imposed by a public body. (A public body includes a Community Development District.) Such
259 liens, if any, shall be paid as set forth in Paragraph 9(e).
260 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
261 sufficient quantities. may present health risks to persons who are exposed to it over time. Levels of radon that
262 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon
263 and radon testing may be obtained from your county public health unit.
264 (d) Energy -Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by
265 Section 553.996, Florida Statutes.
266 18- RISK OF LOSS:
267 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will
288 bear the risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be returned to
269 Buyer. Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and
27D Seller will credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim
27' to any insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any
272 such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of
273 the Buyer.
274 (b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the
275 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this
276 Contract without liability and the deposit(s) will be returned to Buyer. Alternatively, Buyer will have the option of
277 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at
278 closing the proceeds of any award, or Seller's claim to any award payable for the taking. Seller will cooperate
279 with and assist Buyer in collecting any such award
280 19- ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise []x is not
281 assignable ❑ is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement
282 to the Seller at least 5 days prior to Closing. The terms "Buyer, " "Seller" and "Broker" may be singular or plural. This
283 Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns (if
284 assignment is permitted).
285 20. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller.
286 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound.
287 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated
286 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or
289 typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract
290 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be
291 construed under Florida law and will not be recorded in any public records.
292 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a
253 licensed real estate Broker other than:
294 (a) Seller's Broker: SLC Commercial
(company Nam c il.irensee)
295 SLC Commercial (�72) 538-2841 Michael Yurocko
(Address, Telephone, Fax E-mail)
296 who ❑ is a single a ent Zis a transaction broker n has no brokerage relationship and who will be compensated by
297 x❑ Seller ❑ Buyer both parties pursuant to Z a listing agreement ❑ other (specify)
298
299
300 (b) Buyer's Broker: Rick Baker Realty, LLC
(Compan Namo> (Licensee)
301 9015 Americana Rd. #9 Vero Beach, F 772-567-0551 F.W. Baker
"Address. Telephone. Fax, E-mail)
Buyer i and Seller [ _ _ } acknowledge receipt of a copy of this page, which is Page 6 of 8 Pages
cc -s Roy 9117 _ 02017 Fbrida Realtors*
Sw.OW 053647-400154-5706908
281 of 286
302 who ❑ is a single agent ❑x is a transaction broker ❑ has no brokerage relationship and who will be compensated by
303 0 Seller's Braker ❑ Seller ❑ Buyer ❑ both parties pursuant to ❑x an MLS offer of compensation ❑ other (specify)
:04
305 (collectively referred to as "Broker") in connection Nith any act relating to the Property including but not limited to
306 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to
307 indemnify and hold Broker harmless from and against losses. damages, costs and expenses of any kind including
308 reasonable attorneys' fees at all levels, and from liability to any person arising €rom (1) compensation claimed which is
309 inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to
310 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of
311 services regulated by Chapter 475, Flor,da Statutes, as amended, or q4) recosnmendations of or services provided and
312 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer.
313 22. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to
314 this Contract):
315 ❑Arbitration ❑ Seller Warranty ❑ Existing Mortgage
316 ❑ Section 1031 Exchange ❑ Coastal Construction Control Line ❑ Buyers Attorney Approval
317 ❑ Property Inspection and Repair ❑ Flood Area Hazard Zone ❑ seller's Attorney Approval
318 ❑ Seller Representations ❑ Seller Financing U Other
319 23. ADDITIONAL TERMS:
32L ' This offer is subject to a 2nd appraisal paid for by the buyer, and a super majority City Council approval. Closing to
321 be scheduled within 30 days after City Council approval, or on or before March 15, 2018. The buyer shall have the
322 right to extend the closing date to March 30, 2018. The sale is subject to a satisfactory Phase l ESA Any tenants must
323 vacate premises at the time of closing.
32L
325
326
327
326
329
330
331
332
333
334
335
336
337
335
339
340
341
342 THIS IS INTENDED TO BEA LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE
343 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL
344 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE
345 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE
346 EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR
347 REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER
Buyer I LJ ane Seller acknuvAcd9c reccipf Of a copy of this page, which is Page 7 of 8 Pages
cc -5 Rev 9117 t::e1? F!nrda=c�'!c•se
Sena* 0153547-400151.6706408
282 of 286
349 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL
349 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER
350 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF
351 THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND
352 GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND
353 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE.
354 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other
355 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its
356 terms and each person executing this Contract and other documents on behalf of such parry has been duly authorized
357 to do so.
355 Date:
(Signature of Buyer
359 Joeseph Griffin Tax ID No.:
(Typed or Printed Name of Buyer)
36C Title: City Manager Telephone: 712-633-0151
361 Date:
(Signature of Buyer
362 Tax ID NO.
(Typed or Printed Name of Buyer)
363 Title: Telephone:
364 Buyer's Address for purpose of notice
365 Facsimile: Email:
356 �� 7 /.0 G�t/�'"� Date: / 1'�) /S -
nature o Sell I. f
36; RGl �
Tax ID No.:
(Typed or Pdnted Name of Seller)
368 Title: Ruth I Sullivan, Revocable Living Trust Telephone:
304 Date:
(Signature of Seller)
370 Tax ID No_.
(Typed or Printed Name of Seller)
371 Title: Telephone:
372 Seller's Address for purpose of notice_
373 Facsimile: Email:
Fiona REALTORS' makes no representatcn as to the legal validrlr� m adequacy or any provision of this form in any specdic transaction. This standardized form should
rot be used m complex transactions -3r with extensive ciders or additions. This form is available !or use 6y the entire real estate industry and is not intended to identify the
user as REALTOR* REALTOR' is it registered collective membersh:p mark which may be uses only by real estate licensees who are members of the NATIONAL
ASSOCIATION OF REALTORS' and who subscribe 10 its Cade or Ethics. The copyright Paws of United Stapes (17 U.S. Code) forbid We unauthorized reproouction of this
form by any means indudmtf facsimile or computenrrd forms
Buyer and Sailer
uy �� } L_� acknowledge receipt 0f a copy of this page, WhlCll is Page a of 8 Pages
CC_ -5 Rev 5117 02017 Florida Realr_ors°
-
�lI nl 'lII',piICIIti
r�i2r1�J ��ileJ
Exhibit "A" Ruth Sullivan Living Trust W City of Sebastian
Fran th8 Nort:M-st corner of GoJern,,,nnt lot 5: Section 6, Township 31 South, Range 39 Erase,
indian River County, Florida, nkat southerly along the West bowAuy of said Government Irak
5 a distance of 382.06' to the South right-of-way IIA-- of Main Street; thence, nm North 83'
25'31" East along said South right-of-way line a diutance of 179.00 feet to an iron pipe at
the Southeast corner of new U. S. Highway No. 1 and blain Street; thence, South 17 29'29"
Fast along said Fast right-of-way a diarance of 203.401; Lhmoe, lorth 76'24131" East a
distance of 114.97 feet to the Frim of Beginning; thence. South 21'22135n East a distance
of 186.51 feet; thence ;North 73.08'31" East a distance of 127.35 feet to the West right
of-vay of old U -S. Highway No. 1, thcstce, North 25.29'29° west along tate Wat right-
of-way of old U.S. Highway Bb, 1 a distance of 181.25 Fest to a point; thence, South 76'
24131" Wlast a distance of 114.97 t�aet to the Point of Beginnings Situate in the My of
Sebastian, Indian River County, Florida;
TOG£L M with improvements Iccated Uiereon and =teats there;n;
TWM%R with ary and all riparian, water and littoral eights therreunto belonging or in
anywise appertaining.
AND ALSO:
All that part lying East of Oka U.S. HlgjyWay {b. 1, also known as old Dixie Rigltway, of the
following described land:
Beginning at a point on t+he South side of 60 foot street 372 feet Saith, and Ho tb 78 3/4
degrees East 12E 10/12 feet to the Soutiast corner of Goverr-wnt lot 1; rem Southerly on a
30 foot street 254 feet to the Point of 8egiming. Thence, rwt South 14 1/4 degrees, East
298 1/2 feet; run sass 450 feet to the Kest shoreof the Indian River; r~1n Neely along
riverernre }d'0 feet, mere at Less, to a corner of land deeded to Oscar H. WfaeY; thence
South 80 1/4 degrees West 300 feet to the Point of Beginning.
Exoapting any peen nz% in use as street or hig'mmy, less South 1.35 few, all in Sec:1zn
5, Tosrnsnip 31 South, Range 39 E=ast, 1rdian river Caautty, City of Sebastian, Fl"'dd.
cGE14Ot with any and all riparian, stater and llttoral rights thereunto belonging � in
anywise aPpe_-taini.ng;
5(f83EX'F to all easese.3ts, restrlctRm, reservati ,nsr dedicatiew and right -of -ray of
: exrd 1
SUWEe to taxes awing s:EUseJ?:jL,t m 1.474, %.hiie preserved as a Li=fTi��tes
5UB Rr? to ?�tsase Money ;Mortgage frau Grantors of e4an date, the originals
principal &aau t of $100,030.1
WMRS herein convey the � I-RAPHCR LIMM, COM" to CRAIMES and said CRAl3M do
GR
hereby Eully warrrant the title to said land, and will defend the same against the lawful
c+aims of all pexacrvs whcmoever.
284 of 286
ATTACHMENT
285 of 286
CHARTER § 1.02
0
ARTICLE I. CREATION AND YOWERS�`
Sec. 1.01. Creation and powers.
The City of Sebastian, Florida, as now established, shall continue to be a municipal body
politic and corporate in perpetuity under the name "City of Sebastian" and, under that name,
shall have all governmental, corporate, and proprietary powers to enable it to conduct
municipal government, perform municipal functions and render municipal services, and may
exercise any power for municipal purposes except as otherwise provided by law.
Sec. 1.02. Extraterritorial powers.
In addition to the powers enumerated herein, the city shall be vested with all extraterri-
torial powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as
follows:
(1) Acquisition of property. To acquire by purchase, gift, devise, condemnation, lease or
otherwise, real or personal property or any estate therein, or riparian right or
easements therein, within or without the city, to be used for any municipal purpose,
including cemeteries or places for burial of the dead; streets and highways, public
parking lots or spaces; bridge and tunnels sites; the construction of a telephone system;
plants, works and wells and other equipment necessary for supplying said city with
water, ice, gas for illuminating and heating purposes, and electric power for illumi-
nating, heating and other purposes; the location of waterworks and sites for public
utility works; the establishment of houses of detention and correction; hospitals for the
cure or detention of the sick; jails; market houses, public parks, playgrounds, airports,
docks, sea walls, yacht harbors, wharves, warehouses, promenades; plants for cremat-
ing, neutralizing or otherwise destroying sewerage, garbage and refuse; for extension
of sewer and drainage pipes and watermains; and for any public or municipal purpose;
and to improve, sell, lease, pledge or otherwise dispose of same or any part thereof for
the benefit of the city, to the same extent that natural persons might do, in the manner
provided in this Charter. Any land purchase in excess of ten percent of the general fund
of the current budget year shall require two appraisals. If the purchase price is in
excess of the average of two appraisals, approval of the purchase would require a
supermajority vote of four members of Council.
(2) Docks, wharves, sea walls. To establish, construct, maintain, operate and control public
landings, piers, wharves and docks within and without the city, and to acquire lands,
riparian rights or other rights and easements necessary for such purposes; to control
and regulate the operation of boats and the speed thereof; to lay and collect reasonable
duties, charges or fees on vessels or watercraft coming into or using such landings,
wharves, and docks; to regulate the manner of using any and all wharves and docks
within and without the city and the rates of wharfage or charges to be paid by vessels
or other watercraft using the same.
*State law reference—Home rule powers generally, F.S. § 166.021.
Supp. No. 50
CHM
286 of 286
,M,T
SEBASTIAN
HOME F PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL
Council Meetine Date: 24 January 2018
Aeenda Item Title: Final Plat - Cross Creek Lake Estates Plat Eight
Recommendation: Approve Resolution R-18-04
Backeround: At the 8 May 2013 meeting, Council approved the final plat for
Cross Creek Lake Estates Plat One and Plat Two. At that time, the subdivision consisting of
approximately 115 acres was platted, including the entire road system, various tracts and
drainage easements. A number of tracts were identified as "reserved for future development,"
and intended to be replatted at a later date. Subsequently, Plats Three through Seven have been
approved. Plat Eight has now been submitted for final plat approval of Tract C, H, and M
consisting of twenty-four (24) additional residential lots. All plats within the subdivision share a
common homeowners' association and are subject to identical deed restrictions, which are on file
in the Community Development Department. Plat Eight will bring the Cross Creek Lake Estates
total to 137 residential lots in the subdivision, and is the final phase of the Cross Creek Lake
Estates Subdivision.
Staff has verified that the final plat for Cross Creek Lake
Estates Plat Eight is in accordance with the preliminary plat. The final plat has been
reviewed by David Jones, (consulting) City Surveyor, Schulke, Bittle & Stoddard, LLC, City
Consulting Engineer, IRC Attorney staff, IRC Property Appraiser Mapping Division staff,
and Clerk of the Court recording staff. All have found the plat to be acceptable.
If Aeenda Item Reauires Expenditure of Funds: N/A
Administrative Services Department/CFO Review:
Attachments: 1. Resolution R-18-04
2. Cross Creek Lake Estates Plat Eight
3. Area map
4. Application
City Manager Authorization:
l
Date: 24 January 2018
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A
SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES
PLAT EIGHT, BEING A REPLAT OF TRACT C, H, AND M OF
CROSS CREEK LAKE ESTATES PLAT ONE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Henry A. Fischer, on behalf of Cross Creek Lake Estates, Inc., has
filed an application for approval of a final plat for a subdivision known as Cross Creek
Lake Estates Plat Eight, being a replat of Tract C, H, and M of Cross Creek Lake Estates
Plat One; and
WHEREAS, the final plat complies with all applicable State and City codes and
regulations;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1. FINAL PLAT APPROVAL. The City Council of the City of
Sebastian, Florida does hereby approve the final plat for Cross Creek Lake Estates Plat
Eight prepared by William B. Zentz, P.L.S., bearing the revision date of January 16,
2018.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Jim Hill
Vice Mayor Linda Kinchen
Councilmember Ed Dodd
Councilmember Albert Iovino
Councilmember Bob McPartlan
The Mayor thereupon declared this Resolution duly passed and adopted this 24`s day of
January, 2018.
I:�1rI1f�I.Y1�l
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Jim Hill, Mayor
Approved as to form and content for
reliance by the City of Sebastian
only:
Cynthia Hall, Interim City Attorney