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Project/ parcel : SEBASTIAN HARBOUR
OPTION AGREEMENT FOR SALE AND PURCHASE
THIS OPTION AGREEMENT FOR SALE AND PURCHASE ("Agreement") is made this
5th day of December , 2006 , by and between LINCOLN LAND
DEVELOPMENT , L . L . C . , 1682 West Hibiscus Blvd . , Melbourne , Florida 32901
("Seller") and INDIAN RIVER COUNTY, a political subdivision of the State of Florida ,
whose address is 1840 25th Street, Vero Beach , Florida 32960 ( " Purchaser") .
1 . GRANT OF OPTION . Seller hereby grants to Purchaser the exclusive option to
purchase the real property located in Indian River County, Florida , described in Exhibit "A" ,
together with all improvements, easements and appurtenances ('Property") , in accordance
with the provisions of this Agreement. This Agreement becomes legally binding upon
execution by the parties but exercise of the option is subject to approval by Purchaser and
is effective only if Purchaser gives written notice of exercise to Seller. The parties
acknowledge and agree that this Agreement is an "option contract" within the meaning of
Florida Statutes section 125 . 355 ( 1 ) (a) . The parties further acknowledge and agree that
the exercise of the option is subject to : (a) the satisfaction , or written waiver by both
parties , of all conditions precedent contained in this Agreement; ( b) the approval of the
Purchase Price for the Property by Purchaser; and (c) the approval of this Agreement by
the County at a public meeting after 30 days' public notice . As to conditions (b) and (c)
above , same shall be satisfied within 60 days of execution of this Agreement by Seller,
unless such time period is extended by mutual written agreement by Seller and Purchaser.
2 . OPTION TERMS . The option payment is $ 100 . 00 ("Option Payment") . The Option
Payment , in the form of a check, will be forwarded to Seller as soon as possible . The
option may be exercised during the period beginning with the Purchaser' s approval of this
Agreement and ending 90 days after approval of this Agreement by the Indian River
County Board of County Commission ("Option Expiration Date") , unless extended by other
provisions of this Agreement. The parties agree to use their best efforts to exercise the
option and close as soon as possible , even if prior to the Option Expiration Date, so long as
all requirements of this Agreement are fulfilled .
3 . PURCHASE PRICE . The total purchase price ("Purchase Price") for the Property is
THIRTEEN MILLION SEVEN HUNDRED THOUSAND and no/100 Dollars
($ 13 , 700 , 000 . 00) . The Purchase Price is subject to adjustment in accordance with this
Agreement and , after reduction by the amount of the Option Payment, will be paid by
purchaser at closing to Seller as set forth herein . The parties acknowledge and agree that
the Purchase Price is based on an estimated size of the Property of 162 . 67 acres . Upon
completion of the Survey (as defined below) and approval of the Survey by Purchaser, the
Purchase Price shall be adjusted up or down in the amount of EIGHTY FOUR THOUSAND
TWO HUNDRED NINETEEN DOLLARS AND FIFTY EIGHT CENTER ($84 , 219 . 58) per
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acre or portion thereof (the " Per Acre Price") in accordance with the actual acreage shown
on the Survey.
4 .A. ENVIRONMENTAL SITE ASSESSMENT. Seller shall , at its sole cost and expense
and not less than 35 days prior to the Option Expiration Date , obtain an environmental site
assessment of the Property which meets the standard of practice of the American Society
of Testing Materials ("ASTM") . The examination of hazardous materials contamination shall
be performed to the standard of practice of the ASTM , Practice E 1527 . For purposes of
this Agreement " Hazardous Materials" shall mean any hazardous or toxic substance ,
material or waste of any kind or any other substance which is regulated by any
Environmental Law (as hereinafter defined) .
4 . B . HAZARDOUS MATERIALS . In the event that the environmental site assessment
provided for in paragraph 4 .A. confirms the presence (orsignificant risk of the presence , as
determined in Purchaser's sole discretion) of Hazardous Materials on the Property,
Purchaser, at its sole option , may elect to terminate this Agreement and neither party shall
have any further obligations under this Agreement. Should Purchaser elect not to
terminate this Agreement, Seller shall , at his sole cost and expense and prior to the
exercise of the option and closing , promptly commence and diligently pursue any
assessment, clean up and monitoring of the Property necessary to bring the Property into
full compliance with any and all applicable federal , state or local laws , statutes , ordinances ,
rules , regulations or other governmental restrictions regulating , relating to , or imposing
liability or standards of conduct concerning Hazardous Materials (" Environmental Law" ) .
However, should the estimated cost of clean up of Hazardous Materials exceed a sum
which is equal to 5% of the Purchase Price , Seller may elect to terminate this Agreement
and no party shall have any further obligations under this Agreement .
5 . SURVEY . Seller shall , at its sole cost and expense and at least 35 days prior to the
Option Expiration Date , obtain a current boundary surrey of the Property prepared by a
professional land surveyor licensed by the State of Florida which meets the standards and
requirements of the Florida Communities Trust program attached to this Agreement as
Exhibit "C" . ("Survey") . The Survey shall be certified to Purchaser, title insurer, and the
Title Agent (as herein defined ) , and the date of certification shall be within 90 days before
the date of closing , unless this 90 day time period is waived by Purchaser and by the title
insurer for purposes of deleting the standard exceptions for survey matters and easements
or claims of easements not shown by the public records from the owner's title policy. If the
Survey shows any defect, or any encroachment on the Property, or that improvements
intended to be located on the Property encroach on the land of others , the same shall be
treated as a title defect under this Agreement.
6 . TITLE INSURANCE . Seller shall , at its sole cost and expense and at least 35 days
prior to the Option Expiration Date , furnish to Purchaser a marketable title insurance
commitment, together with copies of all instruments described in Schedule B of the
Commitment, and , upon closing , an owner's marketable title insurance policy (ALTA Form
" B") from a title insurance company, approved by the Purchaser, insuring marketable title
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of the Purchaser in and to the Property in the amount of the Purchase Price . The Title
Agent shall be Robert D . Schwartz , P .A. , whose address is 2240 Woolbright Rd . , Suite
411 , Boynton Beach , Florida , 33426 and whose phone number is (561 )367-0354 and
whose fax number is (561 ) 736-4808 . Seller shall require that the title insurer delete the
standard exceptions of such policy referring to : (a) all taxes, (b) unrecorded rights or claims
of parties in possession , (c) survey matters , (d) unrecorded easements or claims of
easements , and (e) unrecorded mechanics' liens .
7 . TITLE DEFECTS . If the title insurance commitment or Survey furnished to
Purchaser pursuant to this Agreement discloses any defects in title which are not
acceptable to Purchaser (herein "Title Defects") , Seller shall remove such defects in title
within 90 days after notice from Purchaser (" Cure Period ") . Seller agrees to use diligent
efforts to correct the Title Defects within the Cure Period ; however, Seller shall not be
obligated to bring suit to cure such defects . Purchaser and Seller acknowledge and agree
that the Option Expiration Date, or, if applicable , the closing date shall be extended for the
duration of the Cure Period . If Seller is unsuccessful in removing the Title Defects within
the Cure Period , or if Seller fails to make a diligent effort to correct the Title Defects ,
Purchaser shall have the option to either: (a) accept the title as it then is with no reduction
in the Purchase Price ; (b) extend the amount of time that Seller has to cure the Title
Defects ; or (c) terminate this Agreement, thereupon releasing Purchaser and Seller from
all further obligations under this Agreement.
8 . INTEREST CONVEYED. At closing , Seller shall execute and deliverto Purchaser a
statutory warranty deed in accordance with Section 689 . 02 , Florida Statutes , conveying
marketable title to the Property in fee simple free and clear of all liens , reservations ,
restrictions , easements , leases , tenancies and other encumbrances , except for those that
are acceptable encumbrances in the opinion of Purchaser and do not impair the
marketability of the title to the Property, nor the management of the Property under
Purchaser' s environmentally sensitive lands acquisition program . The grantee in Seller's
statutory warranty deed shall be Indian River County, a political subdivision of the State of
Florida .
9 . PREPARATION OF CLOSING DOCUMENTS . The title agent shall prepare the
deed described in paragraph 8 of this Agreement; Seller's and Purchaser's closing
statement; the title , possession and lien affidavit certified to Purchaser and title insurer in
accordance with Section 627 . 7842 , Florida Statutes ; an environmental affidavit; and any
other customary closing documents , all on forms approved by Purchaser ("Closing
Documents") . All prepared Closing Documents shall be submitted to Purchaser for review
and approval at least ten ( 10) days prior to closing . Purchaser will approve or reject the
Closing Documents five (5) days after receipt by Purchaser. Sellerwill have three (3) days
thereafter to revise and resubmit any rejected Closing Document to Purchaser. In the
event Seller fails to timely deliver any Closing Document, or Purchaser rejects any Closing
Document after delivery or revision , Purchaser may in its discretion extend the closing date
accordingly.
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10 . BENEFICIAL INTEREST DISCLOSURE. In the event Seller is a partnership , limited
partnership , corporation , trust, or any form of representative capacity whatsoever for
others , Seller shall upon execution of this Agreement, provide a fully completed , executed ,
and sworn beneficial interest disclosure statement in the form attached to this Agreement
as Exhibit " B" as required by Florida Statutes Section 286 . 23 . However, pursuant to
Florida Statutes Section 286 . 23 (3) (a) , the beneficial interest in any entity registered with
the Federal Securities and Exchange Commission , or registered pursuant to Florida
Statutes Chapter 517 , whose interest is for sale to the general public , is exempt from
disclosure ; and where the Seller is a non-public entity , that Seller is not required to disclose
persons or entities holding less than five (5 %) percent of the beneficial interest in Seller.
11 . EXPENSES . Seller will pay the documentary revenue stamp tax and all other taxes
or costs associated with the conveyance , including the cost of recording the deed
described in paragraph 8 of this Agreement and any other recordable instruments which
Purchaser deems necessary to assure good and marketable title to the Property .
12 . TAXES AND ASSESSMENTS . All real estate taxes and assessments which are or
which may become a lien against the Property shall be satisfied of record by Seller at
closing . In the event Purchaser acquires fee title to the Property between January 1 and
November 1 , Seller shall , in accordance with Section 196 . 295 , Florida Statutes , place in
escrow with the county tax collector an amount equal to the current taxes prorated to the
date of transfer, based upon the current assessment and millage rates on the Property . In
the event Purchaser acquires fee title to the Property on or after November 1 , Seller shall
pay to the county tax collector an amount equal to the taxes that are determined to be
legally due and payable by the county tax collector.
13 . CLOSING PLACE AND DATE . The closing shall be on or before 30 days after the
option is exercised ; provided , however, that if a defect exists in the title to the Property, title
commitment, Survey, environmental site assessment, or any other documents required to
be provided or completed and executed by Seller, the closing shall occur either on the
original closing date or within 30 days after receipt of documentation curing the defects ,
whichever is later. The date , time and place of closing shall be set by Purchaser, after
consultation with Seller. The parties agree that a closing as early as reasonably possible is
the intention of Seller and Purchaser.
14 . RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk
of loss or damage to the Property prior to the date of closing and warrants that the Property
shall be transferred and conveyed to the Purchaser in the same or essentially the same
condition as of the date of Seller's execution of this Agreement , ordinary wear and tear
excepted . However, in the event the condition of the Property is altered by an act of God
or other natural force beyond the control of Seller, Purchaser may elect, at its sole option ,
to terminate this Agreement and neither party shall have any further obligations under this
Agreement. Seller represents and warrants that there are no parties other than Seller in
occupancy or possession of any part of the Property. Seller agrees to clean up and
remove all abandoned personal property, refuse , garbage , junk , rubbish , trash and debris
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from the Property to the satisfaction of Purchaser prior to the exercise of the option by
Purchaser.
15 . RIGHT TO ENTER PROPERTY AND POSSESSION . Seller agrees that from the
date this Agreement is executed by Seller, Purchaser and its agents , upon reasonable
notice , shall have the right to enter the Property for all lawful purposes in connection with
the this Agreement . With regard to any entry by Purchaser upon the Property prior to
closing , Purchaser's liability to Seller or to any third party shall be subject to the limitations
and conditions specified in section 768 .28 , Florida Statutes. Seller shall deliver possession
of the Property to the County at closing .
16 . ACCESS . Seller warrants that there is legal ingress and egress for the Property
over public roads or valid , recorded easements that benefit the Property.
17 . DEFAULT. In the event Purchaser fails to perform any of its obligations hereunder,
the Seller shall , at Seller's sole option , be entitled to : (i) terminate this Agreement by written
notice delivered to Purchaser at or prior to the Closing Date and thereupon neither the
Seller nor any other person or party shall have any claim for specific performance ,
damages , or otherwise against the Purchaser; or (ii) waive Purchaser' s default and
proceed to Closing . In the event Seller fails to perform any of its obligations hereunder,
Purchaser shall , at its sole option , be entitled to : (i) terminate this Agreement by written
notice delivered to the Seller at or prior to the Closing Date and thereupon neither the
Purchaser nor any other person or party shall have any claim for specific performance ,
damages or otherwise against the Seller; (ii) obtain specific performance of the terms and
conditions hereof; or (iii) waive Seller's default and proceed to Closing . In connection with
any dispute arising out of this Agreement, including without limitation litigation and appeals ,
each party will be responsible for its own attorney's fees and costs .
18 . BROKERS . Seller warrants that no persons , firms , corporations or other entities are
entitled to a real estate commission or other fees as a result of this Agreement or
subsequent closing , except as accurately disclosed on the Closing Documents . . Seller
shall indemnify and hold Purchaser harmless from any and all such claims , whether
disclosed or undisclosed .
19 . RECORDING . This Agreement may not be recorded .
20 . ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event
Purchaser will provide written notice of assignment to Seller. This Agreement may not be
assigned by Seller without the prior written consent of Purchaser.
21 . TIME . Time is of essence with regard to all dates or times set forth in this
Agreement.
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22 . SEVERABILITY. In the event any of the provisions of this Agreement are deemed
to be unenforceable , the enforceability of the remaining provisions of this Agreement shall
not be affected .
23 . SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's
heirs , legal representatives , successors and assigns will be bound by it . Upon Purchaser's
approval of this Agreement and Purchaser's exercise of the option , Purchaser and
Purchaser's successors and assigns will be bound by it. Whenever used , the singular shall
include the plural and one gender shall include all genders .
24 . ENTIRE AGREEMENT. This Agreement contains the entire agreement between
the parties pertaining to the subject matter contained in it and supersedes all prior and
contemporaneous agreements , representations , and understandings of the parties . No
supplement, modification or amendment to this Agreement shall be binding unless
executed in writing by the parties .
25 . WAIVER . Failure of Purchaser or Seller to insist upon strict performance of any
covenant or condition of this Agreement, or to exercise any right herein contained , shall not
be construed as a waiver or relinquishment for the future of any such covenant , condition
or right ; but the same shall remain in full force and effect.
26 . AMENDMENTS . No modification , amendment or alteration hereto , shall be
effective or binding upon any of the parties hereto until it has been executed by all of the
parties hereto .
27 . ADDENDUM . Any addendum attached hereto that is signed by the parties shall be
deemed a part of this Agreement.
28 . NOTICE . Whenever either party desires or is required to give notice unto the other,
it must be given by written notice, and either delivered personally or mailed to the
appropriate address indicated on the first page of this Agreement, or such other address as
is designated in writing by a party to this Agreement.
29 . SURVIVAL. The covenants , warranties , representations, indemnities and
undertakings of Seller set forth in this Agreement shall survive the closing , the delivery and
recording of the deed described in paragraph 8 . of this Agreement and Local Government's
possession of the Property.
30 . CONDITIONS PRECEDENT. The following are the conditions precedent for
Purchaser to exercise the option granted under this Agreement: ( 1 ) Receipt of a Survey
supporting the Purchase Price ; (2) Receipt of satisfactory environmental site
assessment(s) as set forth herein , to include all successively required phases of
environmental site assessments/audits; (3) Receipt of a satisfactory Survey; (4) The
existence of no uncured Title Defects , except as otherwise set forth in this Agreement; (5)
The receipt of an opinion of Bond Counsel for Indian River County that the exercise of the
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option granted in this Agreement, and the subsequent acquisition of the Property as
contemplated herein , using bond proceeds from the tax exempt general obligation bonds
issued by Indian River County as contemplated by Resolution No . 2005-059 adopted May
17, 2005 ; Resolution 2004-062 adopted June 22 , 2004 ; and the "2004 Referendum " (as
that term is used in the foregoing resolutions will not adversely affect the exclusion from
gross income for purposes of federal income taxation of interest on such bonds .
SELLER UNDERSTANDS AND AGREES THAT THIS OPTION AGREEMENT SHALL BE
FULLY BINDING UPON SELLER AS OF THE TIME OF EXECUTION BY SELLER,
FOLLOWED WITHIN A REASONABLE TIME THEREAFTER ( NO MORE THAN 45
DAYS) BY EXECUTION BY PURCHASER.
SELLER:
L1114 :7y
LINCOLN EVEL PMENT, L. L . C .
Witness as to Seller B .
H GH M . EVANS , JR .
Title : HL�kn ca 1/k--tAL-,t:R
� LL � t� F c 1--tA �� �c uu�
fitness as t o&8 eller Date signed by Seller
STATE OF FLORIDA)
COUNTY OF BREVARD)
The foregoing instrument was acknowledged before me this day of
December, 2006 , by HUGH M . EVANS , JR . , the Managing Member of Lincoln Land
Development, L. L. C . , as Seller, who is personally known to me or who has produced a
driver's license issued within the last five years as identification .
(Notary Public SEAL
upr n� h „yPit 'fir, Slale o( Florltla -
Nandm C amnadne NA RA R . RA NA INE
o Y Mv (.Jmmznioncaa88190 Notary Public , State of Florida
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Commission No . : 17t )44$Ic'AL My Commission Expires : 1k106
PURCHASER: ' :', V
INM&N. IVERbOUN� Y
By:
Gary C . pm, elef; Chairs n
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Signed under authority of Resolution 96- 15 , adopted
January 23 , 1996
Attest : J . K. Barton, CI rk
By: Deputy Clerk C���YwG
Date signed by P chase" r
(OFFICIAL SEAL)
Approved :
By
Mich Ito ,
AssKtant County Administrator
Approved as to Form and Legal
Suff41ey-
"
By:
CoutMZ! y
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EXHIBIT "A"
Legal Description
(The final legal description will be as reflected on the County-approved survey . )
A parcel of land lying in the East '1h of the Northwest % and in the East !� of the Southwest % of Section
18, Township 31 South , Range 39 East, being a portion of the lands as described in O. R . Book 1562 , Page
2898 of the Public Records of Indian River County, Florida ; said subject parcel being more fully described
as follows:
Begin at the northeast corner of said East Y2 of the Northwest % as shown on the piat of " Laure
Reserve" , said plot being recorded in Plat Book 17 at Pages 45 through 50 , inclusive of said Public
Records; thence S . 00'09 ' 25 " W. , along the east line of said East Y2 of the Northwest % as established by
said plat, a distance of 2653 . 51 feet to the southwest corner of said plat as monumented by a four (4)
inch square concrete monument stamped "PRM LB 205 " being the northeast corner of the said East ',� of
the Southwest % per said plat and also being the northwest corner of Block 559 of the plat of " Sebastian
Highlands Unit — 16 " , said plat being recorded in Plat Book 8 at Pages 45 through 45J, inclusive, of said
Public Records; thence S. 00 '04' 29 " W. , along the east line of said East � of the Southwest '/n as
established by said plat of Unit — 16 and along the west line of said plat of Unit - 16 , a distance of
1309 . 17' to Point " A "; thence continue 5. 00 '04 ' 29 " W. , along said east line of the East 36 of the Southwest
and along the west line of said plot of Unit - 16 , a distance of 1379 . 39 feet to the southeast corner of
said East V2 of the Southwest % ; thence N . 89 '52 ' 0011W. , along the south line of said East X of the
Southwest % , also being the north line of the 80. 00 foot wide public right — of— way of Englor Avenue per
said plat of Unit - 16 , a distance of 1326 . 94 feet to the southwest corner of said East '1 of the Southwest
per said plat of Unit - 16 ; thence departing said south line and north right — of— way line, N . 00'04'23"E. ,
along the west line of said East h of the Southwest % as established by said plat of Unit - 16 , also being
the east line of an existing public drainage right — of— way which lies easterly of Blocks 532, 523, 522 and
517 of said plat of Unit - 16 , a distance of 0. 13 feet to an existing four ( 4) inch square , unstamped
concrete monument ; thence continue N . 00 '04' 23" E. , along said west line of the East 36 of the Southwest
and said east of the public drainage right — of— way, a distance of 2672. 54 feet to the southwest corner of
said East % of the Northwest % as established by said plat of Unit - 16; thence N . 00'04 , 31 "E. , along the
west line of said East X of the Northwest ',G as established by said plat of Unit- 16 , also being said east
line of the public drainage right — of— way , a distance of 2653. 59 feet to the northeast corner of the plot
of " Collier Creek Estates, Phase One", said plot being a partial replot of said Unit - 16 and being recorded it
Plat Book 15 at Page 11 of said Public Records, as monumented by a four ( 4) inch square concrete
monument stamped "P . L. S. #3435; thence continue N . 00'04'31 "E. , along said west and east lines, a
distance of 3. 83 feet to the northwest corner of said East Y2 of the Northwest 1 /4 , also being the
northeast corner of said plat of Unit - 16 ; thence N . 89 '37' 02 " E , along the north line of said East Y2 of the
Northwest %, a distance of 1330. 82 feet to the Point — of— Beginning .
The subject parcel containing 152. 67 acres ( 7, 085 , 891 square feet ) , more or less and said subject parcel
being subject to any restrictions , covenants , easements and /or rights— of— way of record .
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EXHIBIT " B "
BENEFICIAL DISCLOSURE AFFIDAVIT [corporate]
STATE OF FLORIDA
INDIAN RIVER COUNTY
BEFORE ME , the undersigned authority, personally appeared HUGH M . EVANS , JR .
whose address is 1682 W. Hibiscus Blvd . , Melbourne , Florida , 32901 , Affiant, who , being
by me first sworn , on oath , deposes and says :
1 . Affiant is the Managing Member of Lincoln Land Development , L. L. C . , a Florida
limited liability company (" Company") .
2 . The Company is the fee simple owner of the property located in Indian River
County, Florida , and legally described on Exhibit "A" attached hereto and by this
reference made a part hereof ("Property") .
3 . Affiant , as Manager of such Company, intends to sell the Property to Indian River
County, a political subdivision of the State of Florida .
4 . The names and addresses of the persons holding a beneficial interest in the
Property, and respective shares held by same as of today are as follows :
Arthur F . Evans, III 33%
1682 W. Hibiscus Blvd .
Melbourne , Florida 32901
Hugh M . Evans , Jr. 37 %
1682 W. Hibiscus Blvd .
Melbourne , Florida 32901
Timothy C . Jelus 15 %
1682 W. Hibiscus Blvd .
Melbourne , Florida 32901
Laze-E Corporation 5 %
1682 W. Hibiscus Blvd .
Melbourne , Florida 32901
Heather Glen Management Corporation 2 %
5402 Emma Lake Court
Melbourne, Florida 32934
FCT Survey Procedures
rev. 11 /04 2
Map Enterprises of Brevard Inc. 3 %
2825 Tuscardra Court
West Melbourne , Florida 32904
Bussen-Mayer Engineering Group , Inc. 5 %
100 Parnell Street
Merritt Island , Florida 32953
5 . The above disclosure is made to the Chairman of the Indian River County Board of
County Commissioners , as required under Section 286 . 23 , Florida Statutes .
6 . Affiant has made the disclosure contained herein under oath subject to and with full
knowledge of the penalties prescribed for perjury under the laws of the State of
Florida .
FURTHER AFFIANT SAYETH N GHT.
H M EVANS , JR .
Date t)Ecr-"( ,G2 `J ,
I HEREBY CERTIFY that the foregoing instrument was subscribed and sworn and to
before me this day of December, 2006 , by HUGH M . EVANS , JR . , Managing
Member of Lincoln Land Development , L. L. C . , a Florida limited liability company, on behalf
of same . He is personally known to me or produced the following
identification :
Notary Public : 4. a
Stamped seal with name , Commission Sign an raarine
Number & Expiration Date
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FCT Survey Procedures
rev. 11 /04 3
EXHIBIT "C"
SURVEY REQUIREMENTS
The following survey procedures shall be used in order that the certified survey receives a satisfactory review
and approval by the Florida Communities Trust (FCT). The survey must be certified as meeting these
procedures and minimum technical standards for land surveying (Chapter 61GI7-6, Florida Administrative
Code).
1 . The legal description in the current owner's deed must be reviewed by the surveyor. If FCT/Grant Recipient
is purchasing all of the property described in the current owner's deed, the legal description on the survey must
match the legal description in the current owner's deed, or, an affidavit must be provided by the surveyor
stating that the property surveyed is identical to the legal description in the deed. If FCT/Grant Recipient is
purchasing a portion of the property described in the current owner's deed the legal description on the survey
must match in form and as much as possible in content the legal description in the current owner's deed. All
recorded documents supplied to the surveyor or secured by the surveyormust be shown on the survey drawing.
2 . FCT/Grant Recipient will not acquire title to roads that are owned by the county, the state or the federal
government by virtue of a conveyance, order of taking in an eminent domain action, or maintenance pursuant
to Section 95 .361 , Florida Statutes. Appropriate county, state, or federal personnel must be contacted for
written documentation regarding maintenance. The written documentation must be submitted in accordance
with paragraph 13 of this document. Some examples of language to remove the road right-of-way from the
legal description are as follows:
a. Less and except that portion maintained as a county road right-of-way.
b. Less that portion of the West 35 feet of Section 10, Township 56 South, Range 39
East, Dade County, Florida maintained as a county road right-of-way.
The surveyor must show the limits of maintenance as a boundary line with enough geometryso that the area of
the acquisition parcel can be computed.
FCT Survey Procedures
rev. 11 /04 4
3 . The location of water boundaries must be depicted on the final survey with bearing and distances so that a closed traverse
can be computed. The area(s) below the water boundary must not be included within the final acreage tabulation . The
methodology used for establishing the water boundary must be indicated in a note on the final survey drawing. Surveys that
require the mean high water line to be located must be prepared in accordance with the Florida Coastal Mapping Act of 1974,
Chapter 177, Part 11 , Florida Statutes and Chapter 18-5, Florida Administrative Code.
4 . The accuracy of survey measurements must be substantiated by the computation of a closed traverse; the relative error of
closure permissible must be no greater than 1 : 10, 000.
5 . All land corners controlling the description of each ownership, if not found, must be set (including block corners). Any
public land Survey corner, original or purported, used in this survey must be verified or re-established in accordance with the
Manual of Surveying Instructions, 1973 (Manual), prepared by the U. S . Department of Interior.
6 . The surveyor must locate all above-ground fixed improvements and any evidence of underground fixed improvements within
the acquisition parcel.
7. Acreage must be determined for each category of land used to determine final purchase price, if required. Examples of land
categories are jurisdictional wetlands, submerged lands if owned by a private owner and uplands. A closed traverse must be
shown on the survey drawing with acreage categories delineated in order to verify each of the areas. Each individual area of
each category of land must have the acreage written within its boundaries on the survey drawing. The number of decimal places
used should reflect the level of precision for the work performed .
FCT Survey Procedures
rev. 11 /04 1
8 . Easements and rights-of-way, both of record and/or revealed by afield inspection of the acquisition parcel,
must be shown on the drawing and identified by the official record book and page (if recorded) and by type of
easement.
If an easement or right-of-way for ingress and egress connects the acquisition parcel to a public right-of-way, it
must be protracted and identified by the recorded document's book and page on the survey drawing. If an
access easement or right-of-way does not exist, it must be noted on the survey drawing that there are no
documents in the public records that provide ingress to and egress from the acquisition parcel to a public
right-of-way based upon research of the records by the title company providing the title insurance.
9. Prior to closing the surveyor must review the title insurance commitment for the acquisition parcel. The
survey legal description must match the legal description in the title insurance commitment. If the legal
descriptions do not match, the surveyor must execute an affidavit stating that the property conveyed is the
same property described in the commitment. Any referenced encumbrance, except liens, listed in Schedule B,
section II, of the title insurance commitment must be shown with the location, dimensions, area, and character,
and be identified by the book and page of the recorded document on the survey drawing.
10. In areas where the Department of Environmental Protection's Coastal Construction Control Line (Chapter
161 , Florida Statutes) has been established, the survey must tie into existing Control Line monuments. The
Control Line and acreage landward of the Control Line must be noted on the survey drawing. Care should be
taken to assure the latest Control Line information is used (Contact Department of Environmental Protection,
Division of Beaches and Shores, 850/487-4475). A contact person may be located on DEP ' s website at
www.dep .state. fl .us/beaches/.
11 . The survey must be certified to Florida Communities Trust, unless waived. The date of certification
must be within 90 days before closing, unless waived by FCT and by the title insurer for purposes of
deleting the standard exceptions for survey matters and easements or claims of easements not shown in the
public records of the title policy. The date in the certification must be revised if the survey is updated or
recertified.
12. Drawing must be of appropriate size and must include the legal description of the property. For areas
too large for maximum sheet size, multiple sheets with appropriate match lines must be used.
13 . The following work products must be submitted to FCT:
A. Two paper copies of the signed and sealed final certified survey;
B. Geographic Information System data provided as a shapefile (ArcView or ArcMap), with
projection, datum, and units specified, on CD. The shapefile should contain the boundary
of the acquired parcel(s) and include in the attribute table the name of the parcel, name of
the Florida Communities Trust project, closing date(s), and deed acres.
C. Any correspondence with the state, county, or municipality regarding maintained roads.
FCT Survey Procedures
rev. 11 /04 2