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AUTHORIZATION TO CLOSE
<br /> The undersigned hereby authorize the law firm of Rossway Swan Tierney Barry Lacey & Oliver, P.L. ("Closing
<br /> Agent"), to close the transaction wherein Bent Pine Golf Club, Inc., a Florida not-for-profit corporation
<br /> ("Seller"), this date is selling 5775, 5745, 5735, 5725, and 5715 58th Avenue, Vero Beach, FL 32967, to
<br /> Indian River County, a political subdivision of the State of Florida ("Buyer"). The undersigned further
<br /> acknowledge that with respect to the services of the Closing Agent:
<br /> 1. The Closing Agent, the law firm of Rossway Swan Tierney Barry Lacey & Oliver, P.L., represents only
<br /> Seller. Buyer is represented by William K. DeBraal, Deputy County Attorney.
<br /> 2. The parties agree that the law firm of Rossway Swan Tierney Barry Lacey & Oliver, P.L., including its
<br /> partners, agents or employees have not provided either party with tax advice on the ramifications of the
<br /> transactions contemplated under the contract. The parties have previously been advised to consult with
<br /> their tax professionals regarding such transactions.
<br /> 3. Any closing fee charged by Closing Agent to either party, if any, alone does not establish an
<br /> attorney/client relationship between said party and Closing Agent.
<br /> 4. The undersigned hereby authorizes Closing Agent to procure and record all documents or instruments
<br /> required in order to facilitate the closing of the transaction on this date. The undersigned hereby certify
<br /> that they have carefully reviewed the Closing Disclosure or other settlement statement form and they
<br /> approve and agree to the payment of all fees, costs, expenses and disbursement as reflected on the
<br /> Closing Disclosure or other settlement statement form to be paid on their behalf. We further certify that
<br /> we have received a copy of the Closing Disclosure or other settlement statement.
<br /> S. Closing Funds. The parties hereby acknowledge and understand that in the event the certified funds
<br /> required by Buyer are not received by this office by 11:00 a.m. E.S.T. on the day of closing, Closing
<br /> Agent cannot guarantee available funds on that day to Seller. Although all best efforts will be made to
<br /> accommodate the parties, wire transfers of Seller's proceeds may not be able to be initiated on the date of
<br /> closing depending on when Buyer's funds are received by Closing Agent. Due to the complicated nature
<br /> of wire transfers, Buyer acknowledges that in order to positively assure wired funds will be credited to
<br /> Closing Agent's Trust Account on the day of closing, it is requested that wire transfers by Buyer
<br /> transmitting required funds for closing be initiated at least one(1) business day prior to closing.
<br /> 6. Co-Tenancy Relationships. Buyer has carefully reviewed the instrument of conveyance (i.e. deed), and
<br /> recognizes that it is the sole responsibility of Buyer to secure independent legal counsel, if necessary, to
<br /> understand the legal implications of the applicable concurrent ownership established.
<br /> 7. Anti-Coercion. The undersigned have signed the closing documents freely and voluntarily intending to
<br /> be bound thereby.
<br /> 8. Errors and Omissions. The undersigned agree to cooperate with Closing Agent to correct technical
<br /> errors or deficiencies in the drafting of any document executed at closing. If because of error or
<br /> oversight, Closing Agent fails to collect sufficient funds at closing to pay all persons and entities entitled
<br /> to payment(including but not limited to, the proration or collection of real estate taxes; any collection of
<br /> payoffs for outstanding mortgages, impact fees, utilities or assessment liens; any charge for recording or
<br /> re-recording fees, documentary and/or intangible tax charge or other governmental charges; any charge
<br /> for payment of insurance premiums; any charge for payment of repairs, or inspections), the person or
<br /> entity responsible for such payment shall forthwith pay the additional funds to Closing Agent. Closing
<br /> Agent may file suit against the undersigned in the applicable County or Circuit Court to collect the funds,
<br /> in which event, the undersigned shall pay all costs and expenses incurred in such suit, including but not
<br /> limited to, reasonable attorney's fees. Furthermore, for and in consideration of Closing Agent disbursing
<br /> proceeds of this sale and to assure the accuracy of settlement statements, deeds, mortgages, and other
<br /> documents of closing in this transaction, the undersigned agree to cooperate, adjust, initial, re-execute,
<br /> and re-deliver any and all closing documents if deemed necessary or desirable in the reasonable
<br /> discretion of Closing Agent. It is the intention of the undersigned that all documentation for this
<br /> (Authorization to Close
<br /> File Number: 1807-004
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