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HomeMy WebLinkAbout1-17-2012 Agreement for Deed 1 AGREEMENT FOR DEED January, 2012 THIS AGREEMENT is made and entered into this 17thday ofXtt1tYGYPP21, by and between CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. (hereinafter "Grantor" or "CCVFD ") and the CITY OF CAPE CANAVERAL (hereinafter "Grantee" or "CITY"). For the sum of $10.00 and other good and sufficient consideration the parties hereto agree as follows: 1. The CCVFD will convey to the CITY by special warranty deed the following described real property located in the City of Cape Canaveral: Lots 7, 8, 15 & 16 of Block 25 Avon By The Sea according to the plat thereof in Plat Book 3, Page 7, Public Records of Brevard County, Florida 2. In consideration for the conveyance of the above described real property to the CITY, the CITY agrees to the following covenants that will bind the CITY and run with the land being conveyed. (a) The CITY will construct a new fire station on the real property within three 1 1 1 i I (3) years of the date of the deed of conveyance. The CCVFD shall utilize the fire station on 1 the real property without charge for providing fire protection services to the CITY. During the time period in which the VF (b ) g p c t e CC D is utilizing the fire station to I provide fire protection services to the City, the CCVFD will have the naming rights for the new I fire station, subject to the City Council agreeing to the name. Said agreement will not be unreasonably withheld. I (c) Should the CITY fail to construct a new fire station on the property within 1 three (3) years of the conveyance or forms its own fire department or contracts with or utilizes another source for fire protection other than the CCVFD within twenty (20) years from the date 1 i that a certificate of occupancy has been issued by the City's building official for the new fire station, then the CITY shall pay the CCVFD, or its successor or assigns, the appraised value of the real property (excluding the improvements constructed by the CITY thereon) within six 4 (6) months of the date of the event that ives rise to the CITY'S obligation hereunder. This I 9 9 I 1 2 1 1 1 1 1 I covenant will be recited in the special warranty deed, run with the land and survive the closing. 4 The appraised value shall be as determined by the average of two (2) appraisals performed by two (2) Florida certified appraisers, one (1) selected by the CCVFD and one (1) 1 1 selected by the CITY. The CITY shall pay the costs of both appraisals. i (d) After twenty (20) years from the date that the certificate of occupancy is issued for the new fire station, this condition shall expire and the CITY shall own the real 1 1 property free and clear. i (e) As a condition precedent to the closing of this transaction, the CITY shall undertake whatever due diligence and examination of title of the real property that the CITY deems necessary and sufficient and will accept title from the CCVFD as is However, CCVFD will cooperate in good faith to assist in rectifying any title or survey issues revealed by the title commitment and survey obtained by the City. The City shall have the unconditional I right to terminate this Agreement at any time prior to closing if it determines, in its sole and I absolute discretion, that the real property is not suitable for the City's purposes. 1 3 I i i i 3. The closing of this transaction and delivery of the special warranty deed shall occur within ninety (90) days from the effective date of this Agreement which is the date this Agreement is accepted and approved by the City Council of the City of Cape Canaveral, unless i the closing date is extended by mutual agreement. All costs of closing and recording of the deed shall be the responsibility of the CITY. i 1 4. Any notices to be given between the parties shall be in writing delivered by first class U.S. Mail to the following persons and addresses: To the CCVFD i 1 Cape Canaveral Volunteer Fire Department, Inc. p p 190 Jackson Avenue Cape Canaveral, Florida 32920 1 To the CITY 1 City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 i 1 I 4 1 i IN WITNESS WHEREOF the parties have set their hands and seals. ACCEPTED AND AGREED CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. By: Rob Weiner, President ATTEST: 4 11F Olan Teek Secretary /Treasurer ACCEPTED AND AGREED CITY OF CAPE CANAVERAL By: a ©[.v Q�--- Y `, Rocky Randal's, Mayor 5 =0 q9 .:9 a 1., B 4 4 • �L, 5 ATT EST Angela Iil "�r i I i I 1 g f I i 6 1