4/20/2018 2:41:38 PM
8/21/2015 2:12:12 PM
Official Document Type
Agenda Item Number
David A. Sosne
Baytree Ventures, LLC
Blue Goose Construction LLC
Road Maintenance Agreement
Ranch Road Lake Sand Mine 5955 82nd. Avenue
Blue Goose South Mine
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ITEM NO:13 b . . <br />INDEX NO 'j j7. <br />ASSIGNMENT OF <br />ROAD MAINTENANCE AGREEMENT FOR <br />RANCH ROAD LAKE SAND MINE <br />THIS ASSIGNMENT OF ROAD MAINTENANCE AGREEMENT <br />FOR RANCH ROAD LAKE SAND MINE is made this/? day of J. <br />2015, by 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, on January 8, 2010 Ranch Road Lake, L.L.C. <br />executed a Road Maintenance Agreement for Ranch Road Lake Sand Mine and <br />posted $3,000.00 cash to insure that all present and future road maintenance <br />requirements with regard to the 82nd Avenue haul route are complied with in <br />accordance with the permitted conditions and Section 934.11 of the Indian River <br />County Code; 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 />deposit (referenced above) would transfer to Assignee at closing of the purchase <br />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 <br />WHEREAS, on May 7, 2015 the property known as the Ranch <br />Road Lake Sand Mine was sold to Assignee; and <br />WHEREAS, on May 7, 2015, Assignor executed an "Assignment of <br />Permits, Permit Reclamation Bonds, Approvals, Documents, Intangible Rights <br />and Other Interests Pertaining to Property" in favor of Assignee whereby the <br />
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