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Prepared by and return to City Attorney PO Box 1389 Vero Beach, FL 32961-1389 BILL OF SALE OF UTILITY FACILITIES To CITY OF VERO BEACH, FLORIDA (when constructed within existing easement or road rights-of-way) KNOW ALL MEN BY THESE PRESENTS, that: BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., a Flonda not forprofit corporation, whose mailing address is 1729 17th Avenue, Vero Beach, FL 32960, hereinafter called GRANTOR, in consideration. of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, transfer, and deliver unto the CITY OF VERO BEACH, a municipal corporation organized and existing under the laws of the State of Florida, whose mailing address is P.O. Box 1389, Vero Beach, FL 32961-1389, hereinafter called GRANTEE, as of the date of acceptance entered below, the following goods and chattels comprising on-site potable water main for Boys and Girls Club Expansion (collectively "utility facilities"): SEE ATTACHMENT "A" (attached and incorporated herein) which utility facilities have been constructed and located in existing easements or road rights-of-way adjacent to and on the real property located at 1729 17th Avenue, Vero Beach, Florida, 32960, the location of said utility facilities being as more particularly described as follows: SEE ATTACHMENT "B" (attached and incorporated herein) TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby warrants to the GRANTEE that it has free and unencumbered title to the above-described facilities, that all persons or entities which have supplied labor or materials with respect to these facilities have been paid in full, that none of them has any claim whatsoever with respect thereto, and that the GRANTOR has full authority to make this conveyance and will warrant and defend the sale of said utility facilities hereby made unto GRANTEE against the claims and demands of all persons whomsoever. GRANTOR hereby further warrants that should the above described utility facilities fail or otherwise become defective during a period of one year from the date of acceptance of same by GRANTEE, due to defective materials or workmanship, GRANTOR shall upon each occasion be responsible in all respects for such failure or defect and shall correct same at GRANTOR'S sole cost and without expense to GRANTEE upon reasonable notice by GRANTEE. GRANTOR shall be solely liable and shall save GRANTEE harmless from any direct or consequential damage attributable to such failure or defect. GRANTOR hereby also assigns all its right, title, and interest in and to manufacturer's or supplier's warranties with respect to the described facilities. 28 Page 1 of 4