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08/18/2015 (3)
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08/18/2015 (3)
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Last modified
10/19/2015 2:34:40 PM
Creation date
10/19/2015 2:33:41 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
08/18/2015
Meeting Body
Board of County Commissioners
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ASSIGNMENT OF <br /> CASH DEPOSIT AND ESCROW AGREEMENT <br /> FOR <br /> COMPLIANCE AND RESTORATION <br /> RE: RANCH ROAD LAKE SAND MINE, PHASE 1 <br /> SP-MA-05-01-02 (PH1) (2004040371) <br /> THIS ASSIGNMENT OF CASH DEPOSIT AND ESCROW <br /> AGREEMENT FOR COMPLIANCE AND RESTORATION RE RANCH ROAD <br /> LAKE SAND MINE, PHASE 1 is made this of day of �.�..� , 2015, by <br /> and between DAVID A. SOSNE, CHAPTER 7 TRUSTEE FOR THE <br /> BANKRUPTCY ESTATE OF RANCH ROAD LAKE, L.L.C., a Florida limited <br /> liability company, whose mailing address is Summers Compton Wells LLC, <br /> 8909 Ladue Road, St. Louis, MO 63124 ("Assignor") and BAYTREE <br /> VENTURES, LLC, a Florida limited liability company, whose mailing address <br /> is 5955 82nd Avenue, Vero Beach, FL 32966 ("Assignee") and INDIAN RIVER <br /> COUNTY, a political subdivision of the State of Florida, having a mailing <br /> address of 1801 27th Street, Vero Beach, FL 32960 ("County"): <br /> WITNESSETH : <br /> WHEREAS, in April, 2010 Ranch Road Lake, L.L.C. executed a <br /> Cash Deposit and Escrow Agreement and posted $70,290.00 cash to insure <br /> compliance ($51,430.00) and restoration ($18,860.00) with the requirements of <br /> the approved mining site plan for Phase 1, known as Ranch Road Lake Sand <br /> Mine; and <br /> WHEREAS, in January, 2014 creditors of Ranch Road' Lake, L.L.C. <br /> filed an involuntary petition against it under Chapter 7 of Title 11 of the United <br /> States Code; and <br /> WHEREAS, in April, 2014 David A. Sosne was duly appointed as <br /> the Chapter 7 Trustee in bankruptcy for Ranch Road Lake, L.L.C.; and <br /> WHEREAS on April 17, 2015 an Asset Purchase Agreement was <br /> entered into between Assignor and Assignee whereby, among other things, the <br /> deposits (referenced above) would transfer to Assignee at closing of the <br /> purchase of the Ranch Road Lane Sand Mine property; and <br /> WHEREAS, on April 28, 2015 the United States Bankruptcy Court, <br /> Eastern District of Missouri, Eastern Division in Case No. 14-40386-659, issued <br /> an Order Granting Motion for Order Approving the sale of assets of Ranch Road <br /> Lake, L.L.C.; and I� <br /> WHEREAS, on May 7, 2015 the property known as the Ranch <br /> Road Lake Sand Mine was sold to Assignee; and <br /> 1 119 <br />
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