-
Agenda Item Cover Sheet Agenda Item No. A-5
Meeting Date 4/15/2020
Consent Section Regular Section Public Hearing
Subject: Purchase of Property from Cee Bee Groves, Inc. through
the Jan K. Platt ELAP Program as part of the Brooker Creek Buffer
Preserve Addition ELAPP Site
Department Name: Conservation and Environmental Lands
Management
Contact Person: Forest Turbiville & K. Gremley Contact
Phone: 272-6573
Sign-Off Approvals:
Dexter Barge 4/3/2020 John Turbiville 4/3/2020Assistant County
Administrator Date Department Director Date
Kevin Brickey 4/3/2020 Susan Fernandez 4/3/2020Management and
Budget – Approved as to Financial Impact Accuracy
Date County Attorney – Approved as to Legal Sufficiency
Date
Gregory Horwedel 4/3/2020Deputy County Administrator Date
Staff's Recommended Board Motion:(a) Approve a contract with Cee
Bee Groves Inc., a Florida Corporation, to acquire approximately
292 acres for $5,030,000 located within the Brooker Creek Buffer
Preserve Addition Site as part of the Jan K.Platt Environmental
Lands Acquisition and Protection Program (ELAPP), and to authorize
staff to complete the transaction in accordance with the contract.
The contract includes a pro-rata acreage adjustment based on
$17,280 per acre for up to ten acres. Acquiring this property is a
contingency for the purchase of adjoining tract under a different
ownership. The purchase price is the average appraised value of the
two appraisals prepared for the County. Existing ELAPP Bonds will
fund capital acquisition costs of $5,272,850 ($5,030,000 purchase
price, plus up to $172,850 pro-rata acreage adjustment, and
associated transactional costs, not to exceed $70,000) and capital
management costs not to exceed $950,000 (which includes restoration
of upland habitats and demolition of non-essential structures).
Additional annual operating costs will not exceed $2,500 for this
fiscal year and can be accommodated within the current ELAPP
Management Budget. Staff will include additional operating costs as
part of the next annual budget submission. This action does not
increase the current budget for the ELAPP Acquisition or ELAPP
Restoration accounts. (b) Approve a Budget Amendment to realign
$950,000 within the ELAPP Bond 2019 fund currently budgeted in the
ELAPP Acquisition project (C89900000) tothe ELAPP Restoration CIP
project (89200000) in order to provide funding for restoration of
upland habitats and demolition of non-essential structures.
Financial Impact Statement:Existing ELAPP Bonds will fund
capital acquisition costs of $5,272,850 ($5,030,000 purchase price,
plus up to $172,850 pro-rata acreage adjustment, and associated
transactional costs, not to exceed $70,000) and capital management
costs not to exceed $950,000 (which includes restoration of upland
habitats and demolition of non-essential structures). Additional
annual operating costs will not exceed $2,500 for this fiscal year
and can be accommodated within the current ELAPP Management Budget.
Staff will include additional operating costs as part of the next
annual budget submission. This action does not increase the current
budget for the ELAPP Acquisition or ELAPP Restoration accounts. A
Budget Amendment to realign $950,000 within the ELAPP Bond 2019
fund currently budgeted in the ELAPP Acquisition project
(C89900000) to the ELAPP Restoration CIP project (89200000) will
providefunding for restoration of upland habitats and demolition of
non-essential structures.
Background:
-
On May 16, 2019, the Board approved the 2018 Annual Report for
the Jan K. Platt Environmental Lands Acquisition and Protection
Program (ELAPP). One of the approved ELAPP sites identified in the
report is known as the Brooker Creek Buffer Preserve Addition,
which includes lands east of the Brooker CreekBuffer Preserve site
between Patterson and Boy Scout Roads. The 292-acre (more or less)
parcel owned by Cee Bee's Groves, Inc, a Florida Corporation
(Folios 1704.0000, 2594.0000, 2596.0000, 2596.0100, 2639.0000
2642.0000 & a portion of 1749.0000) is located between Boy
Scout Road and Patterson Road,as shown on the attached sketches.
This site is currently ranked as a "Class "A" approved ELAPP site.
Under its revised ranking policy, the ELAPP Site Selection Team has
recommended the site become an "Essential" approved ELAPP site in
the next ELAPP Annual Report. In 2019, County staff contacted the
real estate broker for the owner to initiate negotiations. The
negotiated price of $5,030,000 is the average of the two appraisals
(the lower appraised value is $4,790,000 and the higher is
$5,270,000). Staff supports this purchase since: 1) it complies
with the revised ELAPP Ranking and Acquisition Policy; 2) the
parcel is one of the last large undeveloped tracts in this portion
of the County; and 3) the contract to acquire this property is a
contingency in a contract for the purchase of an adjoining 250
acres under a different ownership. Transactional requirements
(survey, title insurance, and environmental site assessment) will
not exceed $70,000. The contract has a provision for a prorated
acreage adjustment up to ten acres at $17,285 per acre ($172,850
maximum increase/decrease). Staff is also authorized to execute
documents required for the owners to have the transaction treated
as a bargain sale pursuant to Section 170 (c) of the Internal
Revenue Code and a Section 1031 exchange if requested by the
Seller. Since the Seller has an orange grove business that they
will be closing down as part of the sale, the contract provides for
the terms and a $100,000 deposit for the owners to stay in
possession of the property for up to six months to sell off assets
and close operations. The contract provides for the maintenance,
relocation and, if needed, removal of a modest memorial to a family
member and a close business associate of the family. Capital
management costs will not exceed $950,000 for: 1) restoration of
159 acres of disturbed uplands and 2) demolition of non-essential
structures. Staff is exploring the potential of this property to
provide mitigation for public projects which may reduce the ELAP
Program'scost to restore the property.
List Attachments: Board Item Sketch, Contract for Purchase and
Sale (2 Originals), GL Line Item Detail and Project Module Line
Item Detail
-
17
20
30
21
29
18 16
19
28
PATTERSON RD
Location Map
NOTE: Location boundaries and acreages are approximate.
For more detailed information contract the E.L.A.P.P.
program
JAN K. PLATT
±
Real Estate DepartmentSurvey Division
GI S SECTION601 E. Kennedy Blvd.Tampa, Fl. 33601-1110
Brooker Creek Buffer Addition
Date: 03/31/2020
ENVIRONMENTAL LANDS ACQUISITION and PROTECTION PROGRAM
(ELAPP)
SubjectProperty
Brooker Creek Buffer Addition
Area Approved
Subject Property
Preserved ELAPP Property
Contract being presented to BOCC
-
MCGLAMERY RD
HUTCHENS
AVE
GROVE
LN
LA
KE
WIL
LIA
MS
DR
ECHO VIEW DR
CHRISTIE PL
BO
Y S
CO
UT R
D
Lake Thorpe
Marlee
Lake
Buck Lake
Cee Bee’s Grove PropertyAgenda Item
TAMPA
TEMPLE
TERRACE PLANT
CITY
Date: 04/01/2020 Path:
W:\Real_Estate\G19-139_BrookerCreekBufferAddition\Maps\Cee Bee
Groves West-8.5x11-color.mxd
NOTE: Every reasonable effort has been made to assure the
accuracy of this map.Hillsborough County
does not assume any liability arising from use of this map. THIS
MAP IS PROVIDED WITHOUT
WARRANTY OF ANY KIND, either expressed or implied, including,
but not limited to, the implied warranties
of merchantability and fitness for a particular purpose.
SOURCE: This map has been prepared for the inventory of real
property found within Hillsborough County
and is compiled from recorded deeds, plats, and other public
records; it has been based on BEST
AVAILABLE data.
Users of this map are hereby notified that the aforementioned
public primary information sources should be
consulted for verification of the information contained on this
map.
±
601 E Kennedy Blvd, Tampa, FL 33602
(813) 272-5900
[email protected]
R17 18 19 20 21 22E
R17 18 19 20 21 22E
T
27
28
30
31
32
S
29
T
27
28
30
31
32
S
29
BO
YS
CO
UT
RD
CR
AW
LE
YR
D
RACET R
A CK
RD
PA
TTERS
ON
RD
LEGEND
Approximate Boundary of Property
-
* List - Text
* List - Text
* List - Text
List - Text
* List - Text
List - Text
Upl Period Fund Center Account Sub Account Activity Project
Future Debit Credit Batch Name Batch Description Journal Name
Journal DescriptionLine Description Messages
List - Text * Number * Number Text Text Text Text Text
MAR 2020 30019 136002 546060 5370 0000 C89200000 0000000 950,000
BOCC-PK-BA-20 BOCC 4/15/20 BOCC-PK-BA-?? BOCC 4/15/20 BOCC
4/15/20
� MAR 2020 30019 136002 561001 5370 0000 C89900000 0000000
950,000 BOCC-PK-BA-20 BOCC 4/15/20 BOCC-PK-BA-?? BOCC 4/15/20 BOCC
4/15/20
Totals: 950000 950000Tip: This is not the end of the Template.
Unprotect the sheet and insert as many rows as needed.
Balance Type BudgetDatabase VMOHSHCTF013.PHCTFIData Access Set
CNTYChart Of Accounts CNTY AKFF
Ledger CNTYCategory BOCC Budget Amendment
Budget BOCC FY2020
* List - Text
Source Budget JournalOrganization BOCC Budget
OrganizationCurrency USD
-
PROJECT/GRANT MODULE INPUT ONLY:
DEPARTMENT NAME:
ORGANIZATION:
INSTALL-
MENT PROJECT # TASK AWARD NAME INCREASE DECREASE NET CHANGE
AWARD - INCREASING/DECREASING
0 0 0
0 0 0
C89200000 03001900 Jan K Platt (ELAPP) Property Restoration
Capital Pro 950,000 0 950,000
C89900000 03001900 Jan K Platt (ELAPP) Property Acquisition
Capital Pro 0 950,000 (950,000)
950,000 950,000 0
C89200000 00000.04 03001900 Jan K Platt (ELAPP) Property
Restoration Capital Pro 950,000 0 950,000
C89900000 00000.09 03001900 Jan K Platt (ELAPP) Property
Acquisition Capital Pro 0 950,000 (950,000)
950,000 950,000 0
AGENDA ITEM:
BOCC MEETING DATE
Project Module Line Item Detail
PROJECT FUNDING
AWARD BUDGET
-
1
Project: 2016-028-EL-P103 Brooker Creek Buffer Preserve Addition
Cee Bee’s Groves Parcel Folio’s: 1704.0000, 1749.0000, 2594.0000,
2596.0000, 2596.0100, 2639.0000 & 2642.0000
CONTRACT FOR PURCHASE AND SALE This Contract for Purchase and
Sale (the “Contract”) made and entered into this ____ day of
_____________, 2020, by and between CEE BEE’S GROVES, INC., a
Florida Corporation (“Seller”), having a mailing address of 16900
Boy Scout Road, Odessa, Florida 33556, and HILLSBOROUGH COUNTY, a
political subdivision of the State of Florida (“Buyer”), having a
mailing address of Post Office Box 1110, Tampa, Florida 33601, and
FUENTES AND KREISCHER, P.A. (“Escrow Agent”), having a mailing
address of 1407 W. Busch Blvd., Tampa, Florida 33624.
WITNESSETH:
That for, and in consideration of, the mutual promises and
covenants herein contained and mutual advantages accruing to Seller
and Buyer hereunder, and the sum of FIFTY THOUSAND DOLLARS
($50,000.00) (the “Deposit”) paid by Buyer to Escrow Agent, the
receipt of which (subject to collection) is hereby acknowledged by
Escrow Agent, it is mutually covenanted and agreed by Seller and
Buyer as follows:
1. PROPERTY:
Seller hereby agrees to sell to Buyer, and Buyer hereby agrees
to purchase from Seller, that certain parcel of real property
situated in Hillsborough County, Florida, described in Exhibit “A”
attached hereto and incorporated herein by reference (the
“Property”), for the price and upon the terms and conditions as
hereinafter set forth.
2. PRICE AND TERMS:
The full purchase price of the Property is FIVE MILLION THIRTY
THOUSAND DOLLARS ($5,030, 000.00) (the “Purchase Price”). The
Purchase Price shall be payable to Seller as follows:
PURCHASE PRICE $ 5,030,000.00
DEPOSIT -$ 50,000.00
BALANCE PAID AT CLOSING $ 4,980,000.00
Deposit is to be paid to Escrow Agent within Fifteen (15)
business days of the Effective Date. The balance shall be paid at
closing by Hillsborough County warrant drawn upon Wachovia Bank,
N.A., or other acceptable financial institution, and is subject to
adjustments and prorations described herein.
-
2
3. CLOSING:
Subject to the notice provisions and curative periods as
provided in Paragraphs 6, 7, and 8, as well as other conditions of
this Contract, Seller and Buyer shall close within One Hundred
Forty (140) days from the Effective Date.
4. CONVEYANCE:
Seller shall convey title of the Property to Buyer as
follows:
(a) All lands described in Exhibit “A” shall be conveyed by
Warranty Deed, subject to the following exceptions (collectively,
“Permitted Exceptions”):
(1) Restrictions and easements of record acceptable to Buyer.
(2) Taxes for the year of closing and subsequent years.
Any additional exceptions must be waived and acknowledged by the
appropriate party as specified
in Paragraphs 6, 7, and 8.
(b) Any and all interest in the Property described in Exhibit
“B” shall be conveyed by Quit Claim Deed executed by Seller. Seller
acknowledges that this conveyance is being granted at no additional
cost to Buyer and that this conveyance is to assure that any and
all ownership, current or potential, that Seller may have in the
Property, where ownership may be in dispute, has been conveyed to
Buyer. Buyer, at Buyer’s sole option, may waive the requirement for
this conveyance.
5. COSTS:
Buyer will pay the costs of (a) the title insurance and 50-year
title search as set forth in Paragraph
6, as well as any closing fees or costs required by the Escrow
Agent; (b) the survey as stated in Paragraph 7; (c) the
Environmental Site Assessment as set forth in Paragraph 8; and (d)
recording the deeds of conveyance. Seller will pay the costs of (a)
documentary stamps on the deeds of conveyance; (b) Seller’s
attorney’s fees, if any, and brokerage commission pursuant to a
separate agreement with Klein & Heuchan, Inc. of Clearwater,
Florida; (c) removal, disposition, and/or proper disposal of any
and all trash, debris, equipment, parts, personal property,
agricultural material, and other items as identified in Paragraph
15 Extended Possession Period ; and (d) any other transactional or
conveyance costs not specifically addressed herein (including, but
not limited to, ad valorem taxes and commissions) required to
complete the conveyance in accordance with the requirements of this
Contract. Rental income, taxes, and assessments shall be prorated
between Buyer and Seller as of the date of closing unless otherwise
provided in this Contract. Buyer has not engaged the services of
any realtor or broker and shall not be responsible for any
commission fee or brokerage fee nor be liable to any realtor or
broker for any commission or brokerage fee as a result of the
purchase of the above described Property by Buyer from Seller.
Seller acknowledges that Seller is solely responsible for the
payment of a commission pursuant to a
separate agreement with Klein & Heuchan, Inc. of Clearwater,
Florida.
-
3
6. TITLE INSURANCE:
(a) Buyer, at its sole cost and expense, shall cause to be
delivered at closing, an owner's title insurance policy issued by a
Florida land title insurance company wherein title to the Property
is insured to the extent of the Purchase Price for all property
described in Paragraph 4(a) with only the described Permitted
Exceptions.
(b) Buyer will request and receive a title insurance binder
pertaining to the Property as
issued by a Florida land title insurance company and underwriter
herein called “Title Binder,” and a Fifty (50) year title search
for the Environmental Site Assessment described in Paragraph 8,
that will be delivered to Buyer on or before Thirty (30) calendar
days after the Effective Date with an endorsement within Ten (10)
days of the delivery of the survey (as described in Paragraph 7).
These costs will be charged to Buyer at closing.
(c) In the event title to the Property, as described in the
Title Binder, or any endorsements, contains exceptions that are
objectionable to Buyer, encumbrances that are unacceptable to
Buyer, or is not insurable for any reason (collectively known as
"Title Defects"), Buyer shall, within Forty-Five (45) days from the
Effective Date, notify Seller, in writing, of any such Title
Defects. If Buyer does not give such notification, Buyer will be
deemed to have waived the claimed Title Defects described in the
Title Binder so received. Seller shall have the option to either
(a) correct the Title Defects to the satisfaction of Buyer; or (b)
notify Buyer that Seller does not intend to do so. Seller shall
notify Buyer within Ten (10) days of receipt of the notice from
Buyer, as to the option Seller will exercise and, if Seller fails
to notify Buyer, then it will be deemed that Seller will proceed to
correct the Title Defects indicated by Buyer. If Seller does not
intend to cure the requested Title Defect(s), and Seller has
notified Buyer as described herein, Buyer shall have the option of
(a) terminating this Contract within Twenty (20) days from receipt
of such notice; or (b) accepting such title as Seller may be able
to convey. If Buyer fails to notify Seller within the
aforementioned Twenty (20) days, then it will be deemed that Buyer
has exercised the option to terminate the Contract.
Seller shall have a period of One Hundred Eighty (180) days
after notification of the Title
Defect(s) by Buyer, within which to cure any defect in title and
closing will occur Ten (10) business days after Seller has cured
the Title Defect(s), subject to the other conditions of this
Contract. At the end of the aforementioned One Hundred Eighty (180)
days, if Seller is unable to cure the requested Title Defect(s),
then Seller shall notify Buyer, in writing, and Buyer shall have
the option of (a) terminating this Contract within Twenty (20) days
from receipt of such notice; or (b) accepting such title as Seller
may be able to convey. If Buyer fails to notify Seller within the
aforementioned Twenty (20) days, then it will be deemed that Buyer
has exercised the option to terminate the Contract. If Buyer
chooses to accept such title as Seller may be able to convey, the
closing shall occur within Ten (10) business days after Buyer
notifies Seller that it chooses to accept such title as Seller may
convey. Buyer shall have Twenty (20) days from receipt of Seller’s
notice that it is unable to cure the requested Title Defect(s) to
notify Seller in writing of its decision to accept title.
-
4
If Buyer elects to terminate this Contract pursuant to Paragraph
6, Seller's sole obligation
shall be to refund, to Buyer, the Deposit with accrued interest,
if any, and, upon the making of such refund, this Contract shall
terminate and be of no further force and effect and none of the
parties hereto shall have any further obligation under this
Contract.
7. SURVEY:
On or before One Hundred (100) days after the Effective Date,
Buyer will request and receive a
survey of the Property through the Geomatics Section of the
Hillsborough County Public Works Department to be performed by a
surveyor registered as such under the laws of the State of Florida.
The survey shall:
(a) Set forth an accurate description of the Property.
(b) Locate all existing easements and rights-of-way (setting
forth the book and page number of the recorded instruments creating
the same), alleys, streets and roads.
(c) Show any encroachments upon or by the Property.
(d) Show any existing above ground improvements (such as
buildings, poles, power lines, fences, etc.).
(e) Contain a surveyor's certification in favor of Seller,
Buyer, Escrow Agent, title insurance underwriter, and such other
parties as Buyer may designate.
(f) Show all dedicated and maintained public streets providing
access to the Property and whether or not such access is paved to
the property line of the Property.
(g) Set forth the gross acreage of the Property to the nearest
One-Tenth of an acre.
(h) State whether the Property is located in a flood zone and,
if so, the specific flood zone designation of the Property.
(i) Be prepared in conformity with Minimum Technical Standards
for Surveying and Mapping set forth by the Florida Board of
Professional Land Surveyors in Chapter 61G-17-6, Florida
Administrative Code, pursuant to Section 472.027, Florida
Statutes.
(j) Show any and all matters listed as exceptions to title on
the Property Title Binder.
If the survey shows, in the sole determination of Buyer, (a) any
encroachments on the Property, or that an improvement, if any,
located on the Property, encroaches on other lands (collectively,
“Encroachments”); or (b) that there are gaps, overlaps, or other
survey-related defects relating to the Property (collectively,
“Survey Defects”), notice to that effect shall be given by Buyer to
Seller within One Hundred Twenty (120) days from the Effective
Date. Seller shall have the option to either (a) correct the
Encroachments and/or Survey Defects to the satisfaction of Buyer;
or (b) notify Buyer that Seller does
-
5
not intend to do so. Seller shall notify Buyer within Ten (10)
days of receipt of the notice from Buyer as to the option Seller
will exercise, and if Seller fails to notify Buyer, then it will be
deemed that Seller will proceed to correct the Encroachments and/or
Survey Defects indicated by Buyer.
In the event Seller notifies Buyer that Seller does not intend
to resolve or correct the
Encroachments and/or Survey Defects to the satisfaction of
Buyer, Buyer, at its sole discretion, shall have the option of (a)
terminating this Contract, at which time all deposited funds with
accrued interest, if any, shall be returned to Buyer; or (b)
accepting the Property in its current condition with no corrective
action by Seller. Buyer will have Twenty (20) days in which to
exercise this option and, if Buyer fails to notify Seller, then it
will be deemed that Buyer has exercised the option to terminate
this Contract.
Seller shall have a period of One Hundred Eighty (180) days,
after notification of the
Encroachments and/or Survey Defects, within which to cure said
defects, at Seller's expense. Closing will occur Ten (10) business
days after Seller has notified Buyer that the Encroachments and/or
Survey Defects have been cured, subject to the other conditions of
this Contract. If Seller fails to remove or cure all such
Encroachments and/or Survey Defects within the aforesaid One
Hundred Eighty (180) day period, unless extended by mutual
agreement of Seller and Buyer, then Seller shall notify Buyer, in
writing, and Buyer shall have the option of (a) terminating this
Contract by notifying Seller, in writing, of such intent to
terminate, within Twenty (20) days after the receipt of the notice
from Seller or at expiration of the aforesaid One Hundred Eighty
(180) day period (whichever occurs first); or (b) waiving the
Encroachments and/or Survey Defects and proceeding with the
Contract. If Buyer fails to notify Seller within the aforementioned
time period, then it will be deemed that Buyer has exercised the
option to terminate this Contract. If Buyer chooses to waive the
Encroachments and/or Survey Defects and proceed to closing, the
closing shall occur within Ten (10) business days after Buyer
notifies Seller that it chooses to waive the Encroachments and/or
Survey Defects. Buyer shall have Twenty (20) days from receipt of
Seller’s notice that it is unable to remove or cure all such
Encroachments and/or Survey Defects to notify Seller, in writing,
of its decision to waive the Encroachments and/or Survey Defects
and proceed to closing. Notwithstanding the provisions of Paragraph
10 (Effects of Default) hereof, termination of this Contract shall
be Buyer's sole remedy if Seller fails to remove or cure any
Encroachments and/or Survey Defects within the One Hundred Eighty
(180) day period referred to above. In the event of such
termination, the Deposit with accrued interest, if any, paid under
this Contract by Buyer, shall be returned to Buyer immediately,
upon demand, and thereupon, all rights and liabilities of the
parties arising under this Contract shall terminate.
Seller acknowledges that Buyer, at the sole option of Buyer, may
waive the requirement for a survey as detailed in this Paragraph 7.
In the event Buyer waives the requirement for a survey, Buyer also
waives any right to require Seller to resolve any Encroachment or
Survey Defect.
8. HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ASSESSMENT:
Seller covenants that, to the best of Seller’s knowledge and
belief, no hazardous substances,
pollutants, contaminants, or hazardous wastes, as defined in any
applicable federal, state, or local laws, statutes, rules, and
regulations including, but not limited to, asbestos, PCBs, and urea
formaldehyde, have been generated, released, stored or deposited
over, beneath or on the Property, or in any structures located on
the Property from any source whatsoever, by Seller or by its
predecessors in interest in the Property or
-
6
by any other person or entity. Buyer acknowledges that this
covenant does not apply to the application of chemicals in
accordance with manufacturers specifications as part of
agricultural operations.
Seller has no knowledge of any buried, partially buried, or
above-ground tanks, storage vessels, drums, or containers located
on the Property other than the three above ground fuel tanks for
wells, four above ground tanks in the Equipment Storage and
Maintenance Area, a semi-trailer with various insecticides,
fertilizers, herbicides, minerals, and other chemicals , various
lubricants and other equipment related products in the Equipment
Storage and Maintenance Area, and one or more septic tanks
associated with residential use of the Property, or knowledge of
any release of hazardous materials onto or into the Property.
Seller warrants, to the best of Seller's knowledge and belief that,
during the time of Seller’s ownership of the Property, no hazardous
wastes were placed, released, stored, buried, disposed or dumped
onto the Property. Buyer acknowledges that this statement does not
apply to the application of chemicals in accordance with
manufacturers specifications as part of agricultural
operations.
Within One Hundred (100) days from the Effective Date, Buyer, at
its sole cost and expense, shall
cause to have conducted, an Environmental Site Assessment of the
Property, as defined by ASTM Standard E1527-13 (Standard Practice
for Environmental Site Assessments: Phase One Environmental Site
Assessment Process), as well as any additional soil and/or ground
water testing that Buyer deems necessary. Buyer shall review the
Environmental Site Assessment for completeness, review reports on
any additional testing, and determine if there are any unacceptable
contaminations or exceptions. Such assessment will be conducted by
a qualified expert in the field of environmental engineering,
acceptable to Buyer. If the assessment and/or testing results
reveal levels of hazardous waste, pollutants, or unacceptable
contaminations or exceptions which Buyer, in its sole discretion,
deems unacceptable, Buyer shall so notify Seller, in writing,
within One Hundred Twenty (120) days of the Effective Date, and
Seller shall have the option to either (a) correct the deficiencies
to the satisfaction of Buyer; or (b) notify Buyer that Seller does
not intend to do so. Seller shall notify Buyer, within Ten (10)
days of receipt of the notice from Buyer, as to the option Seller
will exercise and, if Seller fails to notify Buyer, then it will be
deemed that Seller will proceed to correct the contamination
referenced in the Environmental Site Assessment.
In the event Seller notifies Buyer that Seller does not intend
to resolve the deficiency to the
satisfaction of Buyer, Buyer, at its sole discretion, shall have
the option of (a) terminating this Contract, at which time the
Deposit with accrued interest, if any, shall be returned to Buyer;
or (b) accepting the Property in its current condition with no
corrective action by Seller. Buyer will have Twenty (20) days in
which to exercise this option and, if Buyer fails to notify Seller,
then it will be deemed that Buyer has exercised the option to
terminate this Contract.
In the event Seller elects to proceed with corrective action,
Seller shall have One Hundred Eighty (180) days, thereafter, to
complete corrective action satisfactory to Buyer. It is agreed that
the closing date, as provided in Paragraph 3 herein above, shall be
extended to a date Twenty (20) days after the satisfactory
completion of such corrective action. In the event Seller has not
completed corrective action satisfactory to Buyer within the time
provided, Buyer, at its sole discretion, shall have the option of
(a) terminating this Contract, at which time the Deposit with
accrued interest, if any, shall be returned to Buyer; or (b)
accepting the Property with no further corrective action and
closing in accordance with Paragraph 3. In the event of such
termination, the Deposit with accrued interest, if any, paid under
this
-
7
Contract by Buyer, shall be returned to Buyer immediately, upon
demand, and thereupon, all rights and liabilities of the parties
arising under this Contract shall terminate.
Seller acknowledges that Buyer, at the sole option of Buyer, may
waive the requirement for an
Environmental Site Assessment as detailed in this Paragraph 8.
In the event Buyer waives the requirement for an Environmental Site
Assessment, Buyer also waives any right to require Seller to
resolve any matters relating to levels of hazardous waste,
pollutants, or unacceptable contaminations or exceptions noted in
the Environmental Site Assessment.
9. COVENANTS, REPRESENTATIONS, AND WARRANTIES: Seller hereby
covenants, represents, and warrants, now and through the closing of
this Contract: (a) That Seller has good and marketable title to the
Property described in Exhibit “A”
subject to the items described in Paragraph 4(a) and (b) hereof,
or will have good and marketable title prior to the closing
date.
(b) That Seller has made no commitments (either oral or written)
to any organization, governmental body, or other entity to dedicate
any portion of the Property for public or private use. (c) That
Seller has not received notice of any pending condemnation or
similar proceeding affecting the Property or any portion
thereof.
(d) That Seller has no knowledge of any actions, suits, or
proceedings, pending or threatened, against or affecting the
Property or any portion thereof, or relating to or arising out of
the ownership of the Property or any portion thereof, in any court
or before or by any governmental entity.
(e) That Seller has made no commitments (either oral or written)
to any individual, company, corporation, non-profit organization,
or other private entity relating to the sale, conveyance, transfer,
use, or any partial interest of all or part of the Property.
(f) That there are no leasehold interests in the Property, or if
there are, that they shall be terminated prior to or at the time of
closing.
(g) That during the time of Seller's ownership of the Property,
Seller warrants that, to the best of Seller's knowledge and belief,
no hazardous wastes, hazardous substances, pollutants and/or
contaminants were placed, released, stored, buried, disposed, or
dumped onto the Property, except [need restated list from Paragraph
8]. Buyer acknowledges that this covenant, representation, and
warranty does not apply to the application of chemicals in
accordance with manufacturers specifications as part of
agricultural operations. (h) That the Property is not the homestead
of Seller and that Seller will execute the necessary affidavit, as
required by the title insurance company, to affirm this fact or, if
any
-
8
portion of the Property is the homestead of Seller, that Seller
will execute the appropriate documentation as required by the title
insurance company.
10. EFFECTS OF DEFAULT:
If Seller, except as otherwise provided herein, is not in
default pursuant to any of the terms of this Contract, and if Buyer
fails to purchase the Property or to perform any of the covenants,
conditions or warranties of this Contract, Seller shall be entitled
to retain the Deposit with accrued interest, if any, such being
agreed upon as liquidated damages in full payment for the failure
of Buyer to perform the duties and obligations imposed upon it
pursuant to this Contract. In consideration of the removal of the
Property from the market and in recognition of the difficulty,
inconvenience, and uncertainty of ascertaining actual damages and
considering that no other rights, remedies, or damages shall, in
any case, be collectible, enforceable, or available to Seller,
other than as provided in this paragraph, Seller agrees to accept
and take such Deposit with accrued interest, if any, as Seller's
total damages and relief hereunder in such event. If Seller, for
any reason, fails to perform any of the covenants, conditions, or
warranties of this Contract, Buyer shall, at its option, (a) waive
the nonperformance and proceed with closing; (b) be entitled to the
immediate return of the Deposit with accrued interest, if any, and
terminate this Contract; or (c) have the remedy of specific
performance of this Contract.
11. MISCELLANEOUS:
(a) Governing Law: This Contract shall be governed by, and
construed in accordance with, the laws of the State of Florida. (b)
Exhibits: Exhibits “A”, “B”, “C”, “D”, “E” “F”, and “G” are
attached to and incorporated herein by reference.
(c) Binding Effect: This Contract shall be binding upon, and
inure to the benefit of the parties hereto, and their respective
heirs, personal representatives, successors, and assigns. The
covenants of this Contract will survive delivery and recording of
the deeds and possession.
(d) Entire Contract: This Contract and the exhibits and
attachments hereto, contain the final and entire Contract between
the parties with respect to the sale and purchase of the Property,
and are intended to be an integration of all prior negotiations and
understandings. This Contract supersedes all prior negotiations,
understandings, representations or agreements, both written and
oral. Buyer and Seller shall not be bound by any terms, conditions,
statements, warranties, or representations, oral or written, not
contained herein. No change or modification of this Contract shall
be valid unless the same is in writing and signed by the parties
hereto. No waiver of any provision of this Contract shall be valid
unless in writing and signed by the party who possesses the right
to waive enforcement of same.
(e) Multiple Counterparts: This Contract may be executed in more
than one counterpart, each of which shall be deemed an
original.
-
9
(f) Severability: If any one or more of the provisions of this
Contract should be held contrary to law or public policy, or
should, for any reason whatsoever, be held invalid or unenforceable
by a court of competent jurisdiction, then such provision or
provisions shall be null and void and shall be deemed separate from
the remaining provisions of this Contract, which remaining
provisions shall continue in full force and effect, provided that
the rights and obligations of the parties contained herein are not
materially prejudiced and the intentions of the parties continue to
be effective.
(g) Survivability: Any term, condition, covenant, or obligation
which requires performance by either party subsequent to
termination of this Contract shall remain enforceable against such
party subsequent to such termination.
(h) Time of Essence: Time is of the essence with regard to all
dates and times set forth in this Contract. If the final date of
any period set forth herein falls on a Saturday, Sunday, or legal
holiday under the laws of the State of Florida or the United States
of America, the final date of such period shall be extended to the
next day that is not a Saturday, Sunday, or a legal holiday.
(i) Effective Date: This Contract shall be effective as of the
date the Contract is approved by the Hillsborough County Board of
County Commissioners as Buyer (the “Effective Date”).
(j) Headings: The paragraph headings used in this Contract are
for convenience only and are not intended to imply or restrict
application.
(k) Approval and Signing: If this Contract is not approved by
Buyer on or before May 22, 2020, this Contract shall be null and
void and have no further force and effect. The date that this
Contract is signed by Buyer will have no impact on the Effective
Date.
(l) Authorization: Each party represents to the other that such
party has authority under all applicable laws to enter into a
Contract containing such covenants and provisions as are contained
herein, that all of the procedural requirements imposed by law upon
each party for the approval and authorization of this Contract have
been properly completed, and that the persons who have executed the
Contract on behalf of each party are authorized and empowered to
execute said Contract.
(m) Radon Gas: Radon is a naturally occurring gas that, when it
has accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding radon and
radon testing may be obtained from your County health unit.
(n) Interest: Seller acknowledges that Buyer, at the sole option
of Buyer, may waive the requirement for Escrow Agent to place the
Deposit in an interest-bearing account by
-
10
notifying Escrow Agent in writing. In this event, Seller and
Buyer acknowledge that there will be no accrued interest with the
Deposit.
(o) Documents: With Seller's signing and return of this
Contract, Seller will provide Buyer with copies of any surveys,
title policies or abstracts, environmental assessments, and any
soil or groundwater analysis performed by a licensed engineer or
other party in Seller’s possession at that time. If Seller fails to
provide these documents in accordance with this paragraph, Buyer
will have the option to terminate this Contract.
(p) Electronic Signature: The parties agree that this Contract
may be executed by Buyer by electronic signature in a manner that
complies with Chapter 668, Florida Statutes, and as approved by the
Hillsborough County Board of County Commissioners in Resolution
R15-025 on February 4, 2015.
(q) Residents: Seller acknowledges and affirms that the only
‘non-owner’ party currently residing on the Property is Mike
Dennison and Kim Dennison, husband and wife (the “Residents”), who
are occupying the residential structure located near the northern
shore of Buck Lake (the “North Shore House” as shown on the
Improvement Location Map provided in Exhibit “C”). As a condition
of this Contract, prior to closing Seller will either (a) provide a
fully executed Residents Affidavit (attached as Exhibit “D”) signed
by the Residents, or (b) have the Residents vacate the Property
prior to closing.
(r) Prior to the end of the Extended Possession Period (as
provided in Paragraph 15), Seller will remove all trash, equipment,
personal property, junk, and/or agricultural materials from the
Property, including but not limited to the following locations
shown on the Improvement Location Map provided in Exhibit “C”:
Western Barn, Equipment Storage & Maintenance Area, and Grove
Materials Storage Area, as well as any personal property from the
North Shore House and the Buck Lake Structures.
12. ESCROW AGENT:
Escrow Agent agrees to hold, keep, and deliver the Deposit and
all other sums, documents, instruments, and deeds of conveyance
delivered pursuant hereto in accordance with the terms and
provisions of this Contract. In the event Escrow Agent receives
written notice from either party of any disagreement between Buyer
and Seller resulting in any adverse claims and demands being made
in connection with, or for, the monies, documents, instruments, and
deeds of conveyance involved herein or affected hereby, Escrow
Agent shall be entitled to refuse to comply with any such claims or
demands so long as such disagreement may continue. In so refusing,
Escrow Agent shall make no delivery or other disposition of any of
the monies then held by it under terms of this Contract and, in so
doing, Escrow Agent shall not become liable to anyone for such
refusal. Buyer, to the extent allowed by law and subject to the
provisions of Section 768.28, Florida Statutes, and Seller, jointly
and severally, agree to indemnify and hold harmless Escrow Agent,
from any and all reasonable costs, damages, and expenses, including
reasonable attorneys' fees and paralegal fees that Escrow Agent may
incur in its good faith compliance with the terms of this Contract,
including, but not
-
11
limited to, any and all such costs, damages, and fees incurred
in connection with the filing of an action in the nature of
interpleader, by Escrow Agent. In the event of disagreement between
Buyer and Seller, as provided herein above, however, this
indemnification provision shall not extend to any acts of
negligence, willful malfeasance, or omission on the part of Escrow
Agent.
Seller, Buyer, and Escrow Agent hereby certify that they are
aware that the Federal Deposit Insurance Corporation (FDIC) and the
Federal Savings and Loan Insurance Corporation (FSLIC) coverage,
whichever is applicable to this Contract, apply only to a maximum
amount of $100,000 for each individual depositor. Seller and Buyer
understand that Escrow Agent assumes no responsibility for, nor
will it be held liable for, any loss occurring which arises from
the fact that the amount of the above account may cause the
aggregate amount of any individual depositor's accounts to exceed
$100,000 and that the excess amount is not insured by the FDIC or
FSLIC, whichever is applicable to this Contract. The Deposit will
be held in a bank acceptable to Buyer, in an interest-bearing,
money market account at the option and direction of Buyer. The
accrued interest on the Deposit will be refunded to Buyer at the
time of closing or as otherwise provided in this Contract.
13. NOTICES:
Any, and all, notices, demands, consents, approvals or other
communication either party may require or may desire to serve upon
the other party in connection with this Exchange Agreement, shall
be in writing, signed by the party or its counsel identified below,
and shall be served by registered or certified mail, overnight
courier service, or either electronic mail or facsimile
transmission with confirmation (followed promptly by personal
service or regular mailing of a hard copy), at the addresses set
forth below: To Seller: Cee Bee’s Groves, Inc.
16900 Boy Scout Road, Odessa, Florida 33556 Attention: Ken
Burchenal [email protected]
With Copy To: Kristopher E. Fernandez
114 S. Fremont Avenue Tampa, FL 33606 (813) 832-6340
(office)
[email protected]
To Buyer: Hillsborough County
Conservation and Environmental Lands Management Department 601
E. Kennedy Blvd., 24th Floor
Tampa, Florida 33602 Attention: Kurt Gremley, ELAPP Acquisition
Manager [email protected]
-
12
To Escrow Agent: Fuentes and Kreischer, P. A. 1407 W. Busch
Blvd. Tampa, Florida 33612 Attention: Al Kreischer
or to such other address as a party may have specified in
writing to the other party using the procedures contained in this
paragraph. Notices sent (i) via hand delivery shall be deemed
delivered when received; (ii) via overnight delivery (by a
nationally recognized overnight delivery service) shall be deemed
delivered on the next business day after deposit with such service;
(iii) by electronic mail or facsimile transmission shall be deemed
delivered the day of transmission, or (iv) via certified mail shall
be deemed delivered One (1) day after date of mailing. 14. ACREAGE
ADJUSTMENT:
The Purchase Price is based upon the Property containing Two
Hundred Ninety-One (291) acres. The Purchase Price will be adjusted
based on Seventeen Thousand Two Hundred Eighty-Five Dollars
($17,285) per acre on a prorated basis for any variation from Two
Hundred Ninety-One (291) acres, as provided herein. The adjustment
will be based on the survey prepared pursuant to Paragraph 7 and
will include the open water associated with the non-sovereign water
body commonly known as Buck Lake.
Within Fifteen (15) days from the receipt of the survey, Buyer
will provide Seller with Two (2)
copies of the survey and the calculations for the adjustment to
the Purchase Price. If there is more than a Ten (10) acre increase
from the aforementioned acreage, Buyer reserves the right to
terminate this Contract within Thirty (30) days of the receipt of
the survey. If there is more than a Ten (10) acre decrease from the
aforementioned acreage, Seller reserves the right to terminate this
Contract within Thirty (30) days of the receipt of the survey from
Buyer.
If either Buyer or Seller fails to exercise the option to
terminate within such time, it will be deemed that they have waived
their respective right to terminate the Contract pursuant to this
Paragraph 14. If the option to terminate is timely exercised, then
the Deposit with accrued interest, if any, shall be returned to
Buyer and thereupon all rights and liabilities of the parties under
this Contract shall terminate and neither party shall be entitled
to any damages as a result of its termination. 15 EXTENDED
POSSESSION PERIOD:
Buyer agrees that Seller shall not be required to deliver
possession of the Property for a period of up to One Hundred Fifty
(150) days following the date of closing (the “Extended Possession
Period”). During the Extended Possession Period, Seller shall
comply with the terms and conditions (the “Terms of Extended
Possession”) set forth in Exhibit “E”, attached hereto and
incorporated herein by reference. Seller understands and agrees
that the sum of One Hundred Thousand Dollars ($100,000.00) shall be
withheld from the sale proceeds due to Seller at closing and placed
in a non-interest bearing escrow with Buyer’s title insurance
company in order to ensure Seller’s compliance with the Terms of
Extended Possession. Seller further understands and agrees that a
sum sufficient to cover the premium for the insurance coverage
described in the Terms of Extended Possession shall also be
withheld from Seller’s sale proceeds and utilized by Buyer’s title
insurance company to pay for the cost of said insurance.
-
13
Seller will schedule a site inspection with Buyer at least
Thirty (30) days prior to the end of Seller’s
occupancy under the Extended Possession Period to inspect the
Property to determine whether any remaining trash, equipment,
personal property, junk, and/or agricultural materials, still needs
to be removed from the Property. Seller, at the sole option of
Seller, may harvest any fruit prior to the end of the Extended
Possession Period. The Director of the Conservation and
Environmental Lands Management Department shall have the authority
to provide instructions to the Escrow Agent to ensure the proper
administration of the escrowed funds. All provisions of this
Contract (including but not limited to Exhibit “E”) relating to the
extended occupancy of Seller) on the Property shall remain in full
force and effect for a period of One (1) year following the closing
on the sale of the Property to Buyer.
During the term of the Contract, Buyer shall have the right to
enter the North Shore House and Buck Lake Structures, as well as
any associated structures, to confirm and photo document the
condition of these structures should such information be needed in
connection with any claim against Seller for damages pursuant to
the Terms of Extended Possession. Buyer will provide a minimum
notice of Three (3) business days prior to this inspection.
16. BARGAIN SALE:
Notwithstanding that the purchase price of the Property is Five
Million Thirty Thousand Dollars ($5,030,000), subject to an acreage
adjustment set forth in this Contract, Buyer and Seller agree that
the fair market value of the Property is in excess of the Purchase
Price, and that, accordingly, the transfer of the Property from
Seller to Buyer may constitute a bargain sale to a charitable
organization as described by Income Tax Regulations Sections
1.170A-4(c) and 1.1011. It is Seller’s intent that the transfer of
the Property to Buyer constitute in part a charitable contribution,
as defined in Section 170(c) of the Internal Revenue Code. Buyer
agrees that it will reasonably cooperate with and assist Seller in
complying with IRS regulations necessary to cause the transaction
to be treated as a bargain sale to a charitable organization. Buyer
agrees to execute, as and when requested by Seller, an IRS form
8283 and other appropriate documentation required by the IRS,
necessary to cause this transaction to be treated in part as a
charitable contribution; provided that the execution of same will
not, in the sole option of Buyer, affect Buyer's right, title,
interest, and/or use of the Property or create any additional
liabilities. Buyer shall not be obligated to incur any additional
expenses in connection with its assistance to Seller in complying
with said IRS regulations. 17. SECTION 1031 EXCHANGE:
Seller may, in its entirety or a portion, consummate the sale of
the Property as part of a so-called like kind exchange (an
“Exchange”) pursuant to § 1031 of the Internal Revenue Code of
1986, as amended (the “Code”), provided that: (a) the closing shall
not be delayed or affected by reason of the Exchange nor shall the
consummation or accomplishment of an Exchange be a condition
precedent or condition subsequent to Seller’s obligation under this
Contract; (b) Seller shall effect its Exchange through an
assignment of this Contract, or its rights under this Contract, to
a qualified intermediary; (c) Buyer shall not be required to take
an assignment of the purchase agreement for replacement property or
be required to acquire or hold title to any real property for
purposes of consummating an Exchange desired by Seller; and (d)
Seller shall pay any additional costs that would not otherwise have
been incurred by Buyer had
-
14
Seller not consummated the transaction through an Exchange.
Buyer shall not by this Contract or acquiescence to an Exchange
desired by Seller have its rights under this Contract affected or
diminished in any manner or be responsible for compliance with or
be deemed to have warranted to Seller that its Exchange in fact
complies with § 1031 of the Code.
16. FAMILY MEMORIAL:
Seller and Buyer are entering into an “Agreement for Memorial
Maintenance and Relocation Family Memorial” as provided in Exhibit
“G” relating to a family memorial for Bill Burchenal and Les
Dennison on the Property, designating the parties who will maintain
the memorial, establishing the rights of Buyer regarding the
memorial, and providing for access to the memorial. Seller
acknowledges and affirms that (a) there is no commitment or
representation on the part of Buyer regarding the naming or
dedication of the natural open space park; and (b) any naming or
dedication of the natural open space park by Buyer is at the sole
option, discretion, and direction of Buyer.
[SIGNATURES CONTAINED ON FOLLOWING PAGES]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
-
16
Signed, sealed and delivered in the presence of: “SELLER” CEE
BEE’S GROVES, INC.
A Florida Corporation
Witness: By: William K. Burchenal
Print Name: Vice President Witness: Print Name:
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me by means of
[ ] physical presence or [ ] online notarization, this ____ day of
________________, 20____, by William K. Burchenal who is [__]
personally known to me or [__] has produced a
___________________________________ as identification.
NOTARY PUBLIC
Sign:
(Notary Seal) Print Name:
My Commission Expires:
THIS CONTRACT SUBJECT TO THE APPROVAL OF
THE BOARD OF COUNTY COMMISSIONERS
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
-
17
Signed, sealed and delivered in the presence of: "ESCROW AGENT"
FUENTES AND KREISCHER, P.A.
Witness: By: Print Name: Print Name_________________________
Witness: Print Name:
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me by means of
[ ] physical presence or [ ] online notarization, this ____ day of
________________, 20____, by ____________________________ who is
[__] personally known to me or [__] has produced a
___________________________________ as identification.
NOTARY PUBLIC
Sign: Print Name:
(Notary Seal) My Commission Expires:
THIS CONTRACT SUBJECT TO THE APPROVAL OF
THE BOARD OF COUNTY COMMISSIONERS
-
18
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land lying in Sections 20 21, 28, and 29, Township
27 South, Range 17 East lying in Hillsborough County and described
as the following: Beginning at the Southeast corner of the
Southwest 1/4 of Section 20, Township 27 South, Range 17 East,
Hillsborough County, Florida, run thence N 89° 14' 55" West,
1151.74 feet along the South boundary of the Southwest 1/4 of said
Section 20; thence N 09° 50' 35" East, 1338.88 feet; thence N 00°
01' 06" East, 411.08 feet; thence S 87° 57' 26" East, 1510.00 feet;
thence S 21° 50' 18" East, 750.00 feet; thence S 50° 52' 40" East,
1627.51 feet to a point on the South boundary of the Southeast 1/4
of the Southeast 1/4 of said Section 20; thence N 89° 08' 34" West,
808.20 feet along the South boundary of the Southeast 1/4 of the
Southeast 1/4 of said Section 20 to the Southwest corner thereof;
thence N 89° 09' 17" West, 1320.06 feet along the South boundary of
the Southwest 1/4 of the Southeast ¼ of said Section 20 to the
Point of Beginning. Together With: The North 1/2 of the Northwest
1/4 of Section 28; and the Northeast 1/4 of the Northeast 1/4 and
the North 1/2 of the Southeast 1/4 of the Northeast ¼ of Section
29; all in Township 27 South, Range 17 East, Hillsborough County,
Florida. Together With: The North 421.5 feet of the Southwest 1/4
of the Northwest 1/4 of Section 28, Township 27 South, Range 17
East, more particularly described by dimension according to an
occupational survey of Mr. B. M. Sullivan, not dated, but
identified as Order No. 905-A, as follows: Beginning at an iron
pipe at the Northeast corner of said Southwest 1/4 of the Northwest
1/4 of Section 28; run South 421.5 feet along the East boundary of
said Southwest 1/4 of the Northwest 1/4; run thence Westerly 1344.4
feet to the West boundary of said Southwest 1/4 of the Northwest
1/4; run thence North along said West boundary of Southwest 1/4 of
the Northwest 1/4, 421.5 feet to an iron pipe marking the Northwest
corner of said Southwest 1/4 of the Northwest 1/4; run thence East
1358.6 feet to the Point of Beginning, Hillsborough County,
Florida. Together With: Tract beginning at the Northwest corner of
the Southeast 1/4 of the Northwest ¼ f Section 28, Township 27
South, Range 17 East, Hillsborough County, Florida, thence South (N
02° 35' 11" W- -meas.) along the West boundary of the Southeast 1/4
of the Northwest 1/4 of said Section 28, to a point 487.00 feet
North of the Southwest corner of the Southeast 1/4 of the Northwest
1/4 of said Section 28, thence S 88° 25' 21" E., 1292.00 feet
(1284.20 meas.) to a point on the East boundary of the Southeast
1/4 of the Northwest 1/4 of said Section 28, said point being
488.27 feet North of the Southeast corner of the Southeast ¼ of the
Northwest 1/4 of said Section 28, thence North (N 01° 52' 36" E-
-meas.), 949.97 feet to the Northeast corner of the Southeast 1/4
of the Northwest ¼ of said Section 28, thence West (N 88° 20' 07"
W- -meas.), 1272.40 feet to the Point of Beginning. Together
with:
-
19
That part of Southwest 1/4 of Southeast 1/4 of Section 21,
Township 27 South, Range 17 East, Hillsborough County, Florida,
lying Southwest of Boy Scout Road. LESS A parcel of land being a
portion of the Southwest 1/4 of the Southeast 1/4 of Section 21,
Township 27 South, Range 17 East, Hillsborough County, Florida;
being more particularly described as follows: Commence at the
Southwest corner of the Southeast 1/4 of Section 21, Township 27
South, Range 17 East, thence N. 00°25’01” W. along the West
boundary of the Southwest 1/4 of the Southeast 1/4 of said
Section21, a distance of 74.0 feet to the Point of Beginning;
thence N.00°25’01” W. along the West boundary of the Southwest 1/4
of the Southeast 1/4 of said Section 21, a distance of 837.03 feet
to the Southwesterly right-of-way line of Boy Scout Road; thence S.
40°20’49” E. along said Southwesterly right-of-way line of Boy
Scout Road a distance of 736.77 feet; thence S. 49°39’11” W. a
distance of 426.54 feet to a point 74.0 North of the South boundary
of the Southwest 1/4 of the Southeast 1/4 of said Section 21;
thence N. 89°44’25” W. along a line 74.0 feet North and parallel to
the South boundary of the Southwest 1/4 of the Southeast 1/4 of
said Section 21, a distance of 145.82 feet to the West boundary of
the Southwest 1/4 of the Southeast 1/4 of said Section 21 and the
Point of Beginning. Together With: A parcel of land being a portion
of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township
27 South, Range 17 East, Hillsborough County, Florida; being more
particularly described as follows: Begin at the Southeast corner of
the Southwest 1/4 of Section 21, Township 27 South, Range 17 East;
thence N 88°01’06” W along the South boundary of said Section 21, a
distance 187.25 feet; thence N 76°31’13” E, a distance of 192.05
feet to the East boundary of the Southwest 1/4 of said Section 21;
thence S 00°25’13” E along the East boundary of the Southwest 1/4
of said Section 21, a distance of 51.24 to the Point of
Beginning.
Exact legal descriptions are subject to final property
survey.
Approximate boundary and location shown on the attached location
map
END OF LEGAL DESCRIPTION
ONE PAGE SKETCH ON FOLLOWING PAGE
-
20
-
21
EXHIBIT "B"
QUIT CLAIM LEGAL DESCRIPTION
Any and all interests in lands above and/or below the ordinary
high water lines including rights to
submerged and overflow lands, littoral rights and mineral
interests in the following:
A parcel of land lying in Sections 20 21, 28, and 29, Township
27 South, Range 17 East lying in Hillsborough County and described
as the following: Beginning at the Southeast corner of the
Southwest 1/4 of Section 20, Township 27 South, Range 17 East,
Hillsborough County, Florida, run thence N 89° 14' 55" West,
1151.74 feet along the South boundary of the Southwest 1/4 of said
Section 20; thence N 09° 50' 35" East, 1338.88 feet; thence N 00°
01' 06" East, 411.08 feet; thence S 87° 57' 26" East, 1510.00 feet;
thence S 21° 50' 18" East, 750.00 feet; thence S 50° 52' 40" East,
1627.51 feet to a point on the South boundary of the Southeast 1/4
of the Southeast 1/4 of said Section 20; thence N 89° 08' 34" West,
808.20 feet along the South boundary of the Southeast 1/4 of the
Southeast 1/4 of said Section 20 to the Southwest corner thereof;
thence N 89° 09' 17" West, 1320.06 feet along the South boundary of
the Southwest 1/4 of the Southeast ¼ of said Section 20 to the
Point of Beginning. Together With: The North 1/2 of the Northwest
1/4 of Section 28; and the Northeast 1/4 of the Northeast 1/4 and
the North 1/2 of the Southeast 1/4 of the Northeast ¼ of Section
29; all in Township 27 South, Range 17 East, Hillsborough County,
Florida. Together With: The North 421.5 feet of the Southwest 1/4
of the Northwest 1/4 of Section 28, Township 27 South, Range 17
East, more particularly described by dimension according to an
occupational survey of Mr. B. M. Sullivan, not dated, but
identified as Order No. 905-A, as follows: Beginning at an iron
pipe at the Northeast corner of said Southwest 1/4 of the Northwest
1/4 of Section 28; run South 421.5 feet along the East boundary of
said Southwest 1/4 of the Northwest 1/4; run thence Westerly 1344.4
feet to the West boundary of said Southwest 1/4 of the Northwest
1/4; run thence North along said West boundary of Southwest 1/4 of
the Northwest 1/4, 421.5 feet to an iron pipe marking the Northwest
corner of said Southwest 1/4 of the Northwest 1/4; run thence East
1358.6 feet to the Point of Beginning, Hillsborough County,
Florida. Together With: Tract beginning at the Northwest corner of
the Southeast 1/4 of the Northwest ¼ f Section 28, Township 27
South, Range 17 East, Hillsborough County, Florida, thence South (N
02° 35' 11" W- -meas.) along the West boundary of the Southeast 1/4
of the Northwest 1/4 of said Section 28, to a point 487.00 feet
North of the Southwest corner of the Southeast 1/4 of the Northwest
1/4 of said Section 28, thence S 88° 25' 21" E., 1292.00 feet
(1284.20 meas.) to a point on the East boundary of the Southeast
1/4 of the Northwest 1/4 of said Section 28, said point being
488.27 feet North of the Southeast corner of the Southeast ¼ of
the
-
22
Northwest 1/4 of said Section 28, thence North (N 01° 52' 36" E-
-meas.), 949.97 feet to the Northeast corner of the Southeast 1/4
of the Northwest ¼ of said Section 28, thence West (N 88° 20' 07"
W- -meas.), 1272.40 feet to the Point of Beginning. Together with:
That part of Southwest 1/4 of Southeast 1/4 of Section 21, Township
27 South, Range 17 East, Hillsborough County, Florida, lying
Southwest of Boy Scout Road. LESS A parcel of land being a portion
of the Southwest 1/4 of the Southeast 1/4 of Section 21, Township
27 South, Range 17 East, Hillsborough County, Florida; being more
particularly described as follows: Commence at the Southwest corner
of the Southeast 1/4 of Section 21, Township 27 South, Range 17
East, thence N. 00°25’01” W. along the West boundary of the
Southwest 1/4 of the Southeast 1/4 of said Section21, a distance of
74.0 feet to the Point of Beginning; thence N.00°25’01” W. along
the West boundary of the Southwest 1/4 of the Southeast 1/4 of said
Section 21, a distance of 837.03 feet to the Southwesterly
right-of-way line of Boy Scout Road; thence S. 40°20’49” E. along
said Southwesterly right-of-way line of Boy Scout Road a distance
of 736.77 feet; thence S. 49°39’11” W. a distance of 426.54 feet to
a point 74.0 North of the South boundary of the Southwest 1/4 of
the Southeast 1/4 of said Section 21; thence N. 89°44’25” W. along
a line 74.0 feet North and parallel to the South boundary of the
Southwest 1/4 of the Southeast 1/4 of said Section 21, a distance
of 145.82 feet to the West boundary of the Southwest 1/4 of the
Southeast 1/4 of said Section 21 and the Point of Beginning.
Together With: A parcel of land being a portion of the Southeast
1/4 of the Southwest 1/4 of Section 21, Township 27 South, Range 17
East, Hillsborough County, Florida; being more particularly
described as follows: Begin at the Southeast corner of the
Southwest 1/4 of Section 21, Township 27 South, Range 17 East;
thence N 88°01’06” W along the South boundary of said Section 21, a
distance 187.25 feet; thence N 76°31’13” E, a distance of 192.05
feet to the East boundary of the Southwest 1/4 of said Section 21;
thence S 00°25’13” E along the East boundary of the Southwest 1/4
of said Section 21, a distance of 51.24 to the Point of
Beginning.
Subject to easements and restrictions of record, if any.
The purpose of this conveyance is to transfer any, and all,
interests in land not conveyed to the Seller and between the rights
of way as stated above. There is no additional consideration
associated with this conveyance.
END OF LEGAL DESCRIPTION
Exact legal descriptions are subject to final property
survey.
-
23
-
24
This instrument prepared by: Kurt G. Gremley Hillsborough County
Real Estate Services Department P.O. Box 1110 Tampa, FL 33601
EXHIBIT “D”
RESIDENTS AFFIDAVIT
OCCUPANCY STATUS AND VACATING AGREEMENT
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned authority, James Michael Dennison and
Kimberly Dennison, husband and wife, hereinafter collectively
referred to as “Affiants”, who being by me first duly sworn, on
oath, say: 1. That Affiants occupy a residence on property owned by
Cee Bee’s Groves, Inc. with a street address of
16900 Boy Scout Road, Odessa, Florida 33556, and identified as
the North Shore House on the sketch provided on Exhibit “A”
(hereinafter referred to as the “North Shore House”).
2. The Affiants acknowledge and affirm that they occupy the
North Shore House under a Tenancy at Will (use of property without
the benefit of a written agreement) with Cee Bee’s Groves, Inc.,
and that there is no security deposit associated with the Affiants
use of the North Shore House.
3. It has been represented to the Affiants that Cee Bee’s
Groves, Inc., has entered into a Contract for the sale
of the property that includes the North Shore House to
Hillsborough County.
4. In absence of a new agreement with the new owner of the
property that includes the North Shore House, the Affiants
agree:
(a) To vacate the North Shore House on or before one hundred
twenty (120) days after the
Affiants have been notified that the sale to Hillsborough County
has been completed;
(b) Upon vacating the North Shore House, any personal property
left at the North Shore House or on the Property currently owned by
Cee Bee’s Groves, Inc., will be deemed abandoned, and the Affiants
waive any further right, title or interest in said personal
property; and
(c) To hold harmless and indemnify Cee Bee’s Groves, Inc., and
Hillsborough County for any
loss, property damage, injury or death of either or both of the
Affiants from the date of this affidavit until they have vacated
the property. This indemnification does not apply to the
negligence, tortious acts, and/or malfeasance of Cee Bee’s Groves,
Inc. and/or Hillsborough County.
James Michael Dennison __________ Kimberly Dennison
___________
-
25
AFFIANTS
James Michael Dennison
Dated:
Kimberly Dennison
Dated:
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
SWORN TO OR AFFIRMED before me by means of � physical appearance
OR � online
notarization this _______ day of ______________, 2020, by James
Michael Dennison , who is �
personally known OR � produced identification in the form of
_______________________.
____________________________________ Notary Public, State of
Florida My Commission Expires: ____________________________________
Printed Name of Notary
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
SWORN TO OR AFFIRMED before me by means of � physical appearance
OR � online
notarization this _______ day of ______________, 2020, by
Kimberly Dennison , who is � personally
known OR � produced identification in the form of
_______________________.
____________________________________ Notary Public, State of
Florida My Commission Expires: ____________________________________
Printed Name of Notary
-
26
EXHIBIT “E”
Terms of Extended Possession
1. Term and Use. Immediately following the closing on the sale
of the Property to Buyer, Seller may remain in possession of the
Property for a period of up to One Hundred Fifty (150) days from
the date of closing (the “Extended Possession Period”). Seller may
use the Property only for residential purposes, grove
operation/maintenance, uses related to grove business closure/sale
of equipment (such as auctions), and requirements under the
Contract. Seller may extend the Extended Possession Period for an
additional Thirty (30) days by providing written notice to Buyer no
later than Thirty (30) days prior to the end of the original
Extended Possession Period.
2. Security Deposit. Seller understands and agrees that the sum
of One Hundred Thousand Dollars
($100,000.00, hereinafter referred to as “Performance Deposit”)
shall be withheld from the sale proceeds due Seller at closing and
placed in escrow with Buyer’s title insurance company, to ensure
Seller’s compliance with these Terms of Extended Possession. The
Performance Deposit will be remitted to Seller upon Seller’s
vacating of the Property at the end of the Extended Possession
Period, subject to any claim or permissible withholding of
Performance Deposit funds by Buyer as authorized herein.
3. Claims Against the Performance Deposit. Buyer may claim a
$250.00 per day holdover fee if Seller
and/or the Residents (as detailed in Paragraph 11 (q) of the
Contract) have not vacated the Property upon the termination of the
Extended Possession Period. Additionally, Buyer may assert a claim
against the Performance Deposit for the reasonable cost of removing
any trash or debris remaining on the Property upon the delivery of
possession to Buyer. Buyer shall be entitled to assert a claim
against the Performance Deposit for damage to the structures.
4. Condition of Property. Seller accepts the Property in its “as
is”, existing condition, and covenants that
it will not engage in any unlawful, illegal or offensive use of
the Property. 5. Maintenance and Repair. Seller is solely
responsible for maintaining the North Shore Residence located
on the Property in a habitable condition, and for maintaining
and repairing all electrical, plumbing and mechanical (heating,
ventilation and air conditioning) fixtures, facilities and
equipment located on the Property. In the event the North Shore
Residence is destroyed or declared unfit for occupancy, Seller will
cease to occupy the residence and will have Fourteen (14) days to
remove any personal property, fixtures, equipment and/or appliances
from the Property, and at the end of such time, the Extended
Possession Period shall terminate.
6. Removal of Trash, Equipment and Other Items: Prior to the end
of the Extended Possession Period
(as provided in Paragraph 15), Seller will remove all trash,
equipment, personal property, junk, and/or agricultural materials
from the Property, including but not limited to the following
locations shown on the Improvement Location Map provided in Exhibit
“C”: Western Barn, Equipment Storage & Maintenance Area, and
Grove Materials Storage Area, as well as any personal property from
the North Shore House and the Buck Lake Structures. Buyer
acknowledges that pumps and irrigation pipes do not need to be
removed and are to remain with the Property. Seller will schedule a
site inspection with Buyer at least Thirty (30) days prior to the
end of Seller’s occupancy under the Extended Possession Period to
inspect the Property to determine whether any remaining trash,
equipment, personal property, junk, and/or agricultural materials
still needs to be removed from the Property. Within Five (5)
business days of the inspection, Buyer will provide a written
notice detailing the remaining items that need to be removed
with
-
27
photo documentation. Seller, at the sole option of Seller, may
harvest any fruit from the citrus trees on the Property prior to
the end of the Extended Possession Period.
7. Residents. Prior to the end of the Extended Possession
Period, Seller will either (a) confirm that the
Residents, as detailed in Paragraph 11 (q) of the Contract, have
vacated the Property or (b) cause the Residents to vacate the
Property prior to the end of the Extended Possession Period. Buyer
authorizes Seller to initiate any legal action to have the
Residents removed from the Property and designates the Director of
Conservation and Environmental Lands Management to execute any
documents required to initiate legal action for their removal.
8. Insurance and Indemnity. In addition to the Performance
Deposit, Seller understands and agrees that prior to closing Seller
will provide to Buyer a certificate of insurance indicating that
Buyer (Hillsborough County, a political subdivision of the State of
Florida) is an additional insured for an insurance policy with (a)
general liability insurance with limits of not less than One
Million Dollars ($1,000,000.00),(b) Property damage insurance with
limits not less than One Hundred Thousand Dollars ($100,000) per
structure and (c) a term of at least Eleven (11) months from
closing. If Seller does not provide this certificate of insurance
on or before closing, upon direction from Buyer, Escrow Agent is
authorized to withhold Five Thousand Dollars ($5,000) from the sale
proceeds to fund the cost of this policy, with any surplus funds
and/or refunded premium returned to Seller within Sixty (60) days
after the end of the Extended Possession Period.
9. Access by Buyer. Seller and Buyer acknowledge that during the
Extended Possession Period:
(a) Buyer may access the Property for the purposes of
inspection, removal and treatment of
invasive exotics, provided Buyer provides Seller notice of at
least Twenty-Four (24) hours via email before accessing the
Property.
(b) Buyer may not make any modifications to the Property, remove
any improvements, or remove vegetation (except for invasive
exotics).
(c) Buyer will not have access to the interior of the North
Shore House or the Buck Lake Structures during the term of the
Extended Possession Period.
10. Vacating Property: Within Three (3) days of vacating the
Property, Seller will execute the Affidavit of Vacating Property
for Release of Performance Deposit attached as Exhibit “F” to this
Contract and deliver it to the Escrow Agent and Buyer. Within
Fourteen (14) days of the Seller vacating the Property, the
Director of Conservation and Environmental Lands Management
Department, or his designee, will inspect the Property and provide
written notification (via email with delivery confirmation or
certified mail) to the Escrow Agent and Seller that either (a) the
Property is in acceptable condition and the full Performance
Deposit should be refunded, or (b) detailing any claims against the
Performance Deposit for non-compliance with the Terms of Extended
Possession based on the condition of the Property.
Initials
_______
-
28
This instrument prepared by: Kurt G. Gremley Hillsborough County
Real Estate Services Department P.O. Box 1110 Tampa, FL 33601
EXHIBIT “F”
AFFIDAVIT OF VACATING PROPERTY FOR RELEASE OF PERFORMANCE
DEPOSIT STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned authority,
_______________________________________________________________,
hereinafter collectively referred to as “Affiants”, who being by me
first duly sworn, on oath, say: 1. Affiants were the Sellers in
that certain Contract for Purchase and Sale (the “Contract”)
between Affiants
and Hillsborough County (the “County”) dated _____________, for
the property described in Attachment
“A”, attached hereto and incorporated herein by reference
(hereinafter referenced as the “Property”).
2. Affiants have sold the Property to the County at a closing
which took place on _________________, and
the Property was conveyed to the County by that certain deed
recorded in Official Records Book
_________, Page _____ of the Public Records of Hillsborough
County, Florida.
3. The Contract allowed Affiants to continue to occupy the
Property, which included a residence, for a certain
period of time (the “Extended Possession Period”).
4. In accordance with the terms of the Contract, at the closing
on the sale of the Property to the County, the
Escrow Agent retained One Hundred Thousand Dollars ($100,000.00)
from the sale proceeds as a
Performance Deposit to be held by the Escrow Agent until
Affiants vacated the Property and complied with
the Terms of Extended Possession, as set forth in the
Contract.
5. Affiants acknowledge and affirm that as of the date of this
Affidavit:
a. Affiants affirm that the Residents referenced in the Contract
have vacated the Property and no
longer occupy the North Shore House as referenced in the
Contract (or Affiants affirm that they
have been notified by County that the County and the Residents,
as referenced in the Contract, have
entered into an agreement for the Residents to remain on the
Property).
-
29
b. Affiants have vacated the Property in accordance with the
requirements of the Contract and hereby
release any and all rights to occupy the Property.
c. Any personal property, materials, or other items remaining at
the Property and/or in the structures
on the Property, including but not limited to the Buck Lake
Structures, the North Shore House, and
the Equipment Storage & Maintenance Area, are hereby
declared abandoned property to which
Affiants release and waive any and all rights, claims or
interest (addition if Residents remain: ,
except for the North Shore House with is occupied by the
Residents pursuant to a separate
agreement.)
d. No other party is occupying the Property and Affiants have
not authorized any other party to use
or occupy any portion of the Property.
e. All key(s) to the structures have been turned over to a
representative of the County.
6. Upon execution of this Affidavit by Affiants and written
acknowledgment from the authorized
representative for the County that the Property has been vacated
in accordance with the requirements of the
Extended Possession Period, and noting any claims against the
Performance Deposit based on the condition
of the Property, the Escrow Agent is authorized to deliver to
Affiants the One Hundred Thousand Dollar
($100,000.00) Performance Deposit withheld from the sale
proceeds at closing, less any claims imposed,
pursuant to wiring instructions provided by Affiants to the
Escrow Agent.
7. Any notice to Affiants required as part of the release of the
Performance Deposit will be sent to:
[Names] [street address] [City, State, Postal Code] [Phone
number] [email address]
in accordance with the notice requirements specified in the
Contract.
[SIGNATURES ON FOLLOWING PAGE]
-
30
AFFIANTS
___________________________________________
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me by means of
[ ] physical presence or [ ] online notarization, this ____ day of
________________, 20____, by ____________________________ who is
[__] personally known to me or [__] has produced a
___________________________________ as identification.
NOTARY PUBLIC:
Sign: SEAL)
Print Name:
My Commission Expires:
-
31
EXHIBIT "G"
Project Name: Project #: Parcel #: Folio #(s): Approved by BOCC
__________, 20__ Mike Kelly, Director, Real Estate Department
Descendants
AGREEMENT FOR MEMORIAL MAINTENANCE AND RELOCATION
This Agreement for Memorial Maintenance and Recognition (the
“Agreement”) made and
entered into this ____ day of ____________, 20__, by and between
Cee Bee’s Groves, Inc., a Florida Corporation (the “Seller”),
having a mailing address of _____________________________, together
with [Name], [Name], and [Name] (the Descendants”), having a
mailing address as provided herein, and HILLSBOROUGH COUNTY, a
political subdivision of the State of Florida (the "County"),
having a mailing address of P.O. Box 1110, Tampa, Florida 33601.
WHEREAS, the Seller has entered into a contract (the “Contract”) to
sell the property described in Attachment “A” (the “Property”) to
the County, and the County is acquiring the Property as a natural
preserve with limited physical improvements (such as a parking
area, picnic shelter, and trails); and
WHEREAS, the Contract provided for the execution of this
Agreement for the purpose of enabling the Seller to designate
select individuals to maintain an existing permanent memorial for
Bill Burchenal and Les Dennison (the “Memorial”), providing for
access to the Memorial, and providing the County with the right to
relocate or remove the Memorial if abandoned by the Seller; and
WHEREAS, the Seller hereby designates William K. Burchenal, Adam
B. Burchenal, and James
Michael Dennison (the ‘Descendants’) as the parties authorized
to maintain the Memorial along with limited rights of access to the
Property, prior to the Property being opened to the public as a
natural preserve; and WHEREAS, the purpose of this Agreement is to
detail the rights and responsibilities of each party concerning the
Memorial and to document these rights in the public records. NOW,
THEREFORE, IT IS AGREED by the parties hereto as follows:
1) RECITALS: The foregoing recitals are true and correct and are
incorporated herein by reference.
2) DESIGN AND CONTENT OF MEMORIAL: The existing Memorial
consists of three (3) flat slab concrete benches, a brick monument
about three (3) feet tall and less than two (2) feet wide by one
and
-
32
a half (1 ½) feet deep, and a metal plaque bearing the names
Bill Burchenal and Les Dennison, along with a shepherd’s hook to
hold hanging plants, within an area approximately ten (10) feet by
fifteen (15) feet wide bordered by railroad ties, with the interior
covered by wooden mulch. .
3) LOCATION OF MEMORIAL: The County and Descendants agree that
the current location of the Memorial is shown on the sketch
provided in Attachment “B” (the “Memorial Location Map”).
4) MAINTENANCE: The Seller and Descendants acknowledge, affirm
and agree that the Descendants will be responsible for maintenance
of the Memorial.
5) TEMPORARY REMOVAL OR RELOCATION: In the event that any
desired restoration or other activity would require the temporary
removal of the Memorial, the County will be solely responsible for
the removal, storage, and reinstallation of the Memorial. The
Descendants acknowledges that the County may delegate the
responsibility for relocation to a third party, but that this does
not relieve the County of these responsibilities. In the event it
becomes necessary to relocate the Memorial, the County will make
every reasonable effort to relocate the Memorial to a place as
close as possible to its original location. The County will be
responsible for any and all costs associated with this relocation.
Upon relocation the County will record in the Public Records of
Hillsborough County the relocation affidavit provided in Attachment
“C”, stating that the Memorial has been relocated, and providing
the longitude and latitude of the new location along with a new
Memorial Location Map.
6) DESTRUCTION/DAMAGE/ABANDONMENT: In the event the Memorial is
destroyed or damaged by any event or action, the Descendants
acknowledge and affirm that the County is not required to replace
the Memorial, unless the Memorial is destroyed or damaged by the
County, or unless the third party that destroyed or damaged the
Memorial has fully funded the cost of the required repairs or a
replacement Memorial. The Descendants acknowledge that any
replacement Memorial will not be identical to the original
Memorial. All reasonable efforts will be used to make the
replacement Memorial as similar to the original as possible. Any
and all insurance proceeds received by the County will be used to
replace the Memorial. The County acknowledges that the Descendants,
their heirs, successors or assigns, may replace the Memorial at
their own cost. If the County, in the sole determination of the
County, finds the Memorial to be (a) destroyed, damaged, degraded,
defaced or (b) has not been maintained to the extent that it is an
eyesore to the Property, and the County has notified the last known
Authorized Representative to request that they and/or the
Descendants replace, repair or maintain the Memorial without
success, the County may proceed with notification of its intent to
remove the Memorial. To remove the Memorial the County will notify
the last known Authorized Representative and post a notice by the
Memorial for a period not less than one hundred and eighty (180)
days stating why the Memorial is being removed and providing a
contact person at the County. If within one hundred and eighty
(180) days of the notice to the last known Authorized
Representative, none of the Descendants have contacted the County
with a schedule to repair or replace the Memorial, the County will
process a request for the governing board of the County to approve
the removal of the Memorial. A document will be recorded in the
Public Records of Hillsborough County (comparable to the relocation
affidavit referenced in Attachment “C”) stating that the Memorial
is being removed, why it is being removed, and confirming that the
County has proceeded in accordance with the requirements of this
Agreement.
-
33
7) RIGHTS OF NAMING AND DEDICATION: The Seller and Descendants
acknowledge and affirm
that there is no commitment or representation on the part of the
County regarding the naming or dedication of the natural open space
park associated with the Property, and that any naming or
dedication by the County is at the sole option, discretion, and
direction of the County.
8) DESCENDANTS’ REPRESENTATIVE: The Descendants acknowledge and
affirm that Descendants have designated William K. Burchenal to be
the “Authorized Representative” and contact on all matters relating
to this Agreement. Unless directed in writing by the Descendants or
the death of William K. Burchenal, the Descendants direct the
County that William K. Burchenal is the exclusive representative on
matters relating to this Agreement.
9) ACCESS TO MEMORIAL: Upon opening the Propert