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2005-019 (2)
; �i • • , 4• } This document prepared by and return to : 11 /9/04wcg(PWDJwd Indian River County Public Works Works Department 11840 25U' Street �J Vero Beach, Fl . 32960 !! �� V I���^^�� ` V � 9 AGREEMENT TO EXCHANGE REAL ESTATE THIS AGREEMENT , entered this 4:thj day ja!niiary —> 2005 by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 25 " Street, Vero Beach, Florida, 32960 hereafter called COUNTY and SEGOVIA LAKES LLC, 2655 LeJeune Road, Suite 802 , Coral Gables, Florida 33134, Attn : David R. Garcia, hereafter called DEVELOPER, WITNESSETH WHEREAS, the DEVELOPER is in the process of developing a residential community to be known as Segovia Lakes Planned Development (Indian River County Project Number 2002050008); and; WHEREAS , the COUNTY and DEVELOPER have entered into a Developer ' s Agreement with respect to right- of.-way acquisition; roadway, and drainage improvements for 58th Avenue and 16th Street (Atlantic Blvd.), and; WHEREAS , the Developer ' s Agreement specifies that the COUNTY and DEVELOPER will exchange with each other certain real estate as described herein; NOW, THEREFORE, for and in consideration of the mutual terms , conditions , promises, covenants and premises stated herein, . the COUNTY and DEVELOPER hereby agree as follows : 1 . Recitals : The foregoing recitals are incorporated as if fully restated herein. 2 . Developer to County : At closing, pursuant to the terms and conditions stated herein, DEVELOPER will convey to COUNTY that certain real property shown and described on - composite Exhibit -"C", consisting of Exhibit "G1 " and-Exhibit " C-2", attached hereto and made a part hereof. 3 . Closing: At closing, and pursuant to the terms and conditions stated herein, COUNTY will convey to DEVELOPER that certain real estate shown and described on Exhibit "D" , attached hereto and made a part hereof. 4 , Parcel to be Conveyed : The parcel to be conveyed by the DEVELOPER to the COUNTY is larger than the parcel to be conveyed by the COUNTY to the DEVELOPER by 27, 570 sq . ft. 1 J :\Planning & Zoning\AGUERREVERE, ENRIQUE\Agreement to Exchange Real Property 1108 04 .wpd.doc This document prepared by and return to : 11/9/04wcg(PWD)jwd Indian River County Public Works Department f 840 25a' Street Vero Beach, Fl . 32960 Therefore, at closing, the COUNTY shall pay to the DEVELOPER $ a o , g 9 n . t o by locally drawn certified check, cashier ' s check or wire transfer. 5 . Conveyance : Conveyance shall be made by statutory Warranty Deed, or by County Deed, as appropriate . 6 . Evidence of Title : Each party will be responsible to provide its own title insurance at its own expense as to the property it acquires . 7 . Costs : Other than title insurance, each party shall bear its own costs, including documentary stamps and recording fees, if any. s . Closing Dates This transaction will be closed on or before the thirtieth day following execution of the Developer' s Agreement and this Agreement by Indian River County, but not later than January 31 , 2005 , unless extended in writing by the parties . 9 . Property Condition : COUNTY and DEVELOPER acknowledge and agree that each will take title to the property in its present condition, "as is, where is , and with all faults" . 10 . Brokers : Neither COUNTY nor DEVELOPER has utilized the services of any brokers or licensed real estate professionals concerning this transaction. 11 . Attorney ' s Fees and Costs : If any dispute arises under the terms of this Agreement, the prevailing party shall be entitled to recover attorney' s fees and costs from the party not prevailing . 12 . Default: In the event transaction is not closed due to the default or failure on the partof either party to perform under the terms and conditions herein, the other party may seek specific performance, damages , or both. 13 . Waiver of Jury Trial: In the event of a dispute arising hereunder, COUNTY and 2 JAPlanning & Zoning\AGUERREVERE, ENRIQUE\Agreement to Exchange Real Property 1108 04 .wpd.doc s This document prepared by and return to : I l /9/04wcg(PWDJwd Indian River County Public Works Department 1'840 25th Street Vero Beach, Fl . 32960 DEVELOPER hereby waive their right to a trial by jury, and agree to proceed to a trial by judge . SEGOVIA LAKES LLC BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By : PINE BAY HOLDINGS LLC, 1t as Managing MemY Member of Segovia $ : s . Lakes LL Thomas S . Lowther Chairman By : Enriq e J . Aguerrevere Manager BCC Approved . 01 / 04 / 2005 w�we � B , 6pFn Y . David R. G la Ey Manager J eph A Xta ,1 Cou1� � , Administrator g . Attest ' df i Y ftj07 Clerk County ' Attorney ( Approved as to Form and Legal Sufficiency ) 3 MPlanning & ZoninglAGUERREVERE, ENRIQUE1Agreement to Exchange Real Property 1108 04.wpd.doc This document prepared by ehd return to: 1 t/8/04wcg(PWD9wd Indian River County Public Works Department 1840 25'h Street Vero Beach, Fl. 32960 COMPOSITE EXHIBIT 11Cil C-1 DEVELOPER PARCEULEGAL DESCRIPTION i N89.21 '32'E I A1000 M ASN CAF � P� . � , h h .� CaWHIC SCALE 0 100 200 400 20' w 1 Inch w 200 • ft. ( IN FEET ) escrbed Parcel 136' ' Z to aS WEST UNE OFSE 1/4 or sE le (HATCHED) op � 5ECrrON 3, 11rr? JJ S., ROE J8 21 ,670 so. FT. t SECTION _UNE Istn sr. 31a'�T2M I36.b 20' Notes M i 1 . This is not a survey. + 138' 2. Reproductlons of this sketch 1581 10 $ are not valid unless It bears o the signature and original raised _ seal of a Florida licensedin t � Surveyor & Mapper, n 13 ♦ S89'8T38'W I \� 3. Bearings shown are for informational purposes, babed , on sdrvey by this . • firm, 10/25/04. Bearing reference: w State plane caords, NAD 83/90. sersysaW I . �, �Im7 4• itis description originated by this surveyor as requested by the client. SWIM UNE THE NORM r or htC 1/4 Or ME 114 " �r' � � � � �% I$ mral a 19R 3J S., GE TD E a iy ,yp ' ^ aoe' g 8957' 8'E 0 8 ' L1 0.a0 _ 136,04__ N �" N89"3T36'E 1326; 85' — id. N 0 r 5 U H 0 1 V I a A' 0 Description The West 20 feet of the East 156 feet of the Southeast ' 1 /4 of the Southeast 1 /4 of Section . 5, ' Townshi . 33 South, Range 39 East, Indian River County, Florida, lying South of the Main Canal (300 ' right—of—woy� TOGEMER WITH The West 20 feet of the East 156 feet of the North 1 /2 Northeast . 1 /4 of the Northeast 1 /4 of Section 8, Township 33 South, Range 39 East, Indian River County, Florida, LESS AND EXCEPT the . West 170 feet of the East 308 feet of the South 265 feet thereof. Sketch of Deisprlptt gn ( . 619ovla Lakes William 8. Zentz. & ,Associates, Inc. � easAol&P & rvey=&A(8;P" , as-as r CVMr1G1E OF AUMM071014 (LB) No. 6610 WE 684 Old Dixie Highway 10/27/04 di Vero Beogh, Fl . 32962 l Phone: (772) 567 -7552 i Ap. , � t SHEET or Fax (772) 587 - 1751 sre°>Fpt41p� NO' 5279F 1 1 4 lAPlanning & Zoning\AbUERREVERE, ENRIQUETWAL Developer's Agreement It 08 04.doc This document prepared by rind return to: 11/8/04wcg(PWD)jwd Indian River County Public Works Department 1840 25h Street Vero Beech, Fl. 32960 COMPOSITE EXHIBIT I ',C " C-2 _ Legend . MP►N -c of 32"E I I 9 425p' 21 .36' ' P.O.B. = POINT OF BEGINNNOEMENT I Ns9// RADIUS EE14TRAL ANGLE 5317 156 .00 CHD = CHORD LENGTH / C.B. = CHORD BEARING. / i I P.C. POINT OF CURVATURE I P.T. — POINT OF TANGENCY � I rn/ I >: N Go Described Pardeltoi oI (HATCHED) ID 1 (� � I Notest 45,651 SQ. FT, I Z � J 1 . This is not a survey. l 2. Reproductions of this sketch 1>) Z are not valid unless It bears the signature and original raised Q V seal of a Florida licensed Surveyor do Mapper. b I ) a 3. Bearings shown are based on a ^m survey by this firm, 10/25/04. ( Bearing reference: z I I State plane coords, NAD 63/90. R= 125.00' I ; Q 4. This description originated by this Af 2100'DO" Wit` i Q surveyor as requested by the client. L= 45. 51P T. N I I W Clio=45. 56' I I C.B.=N10'32'27"E b I OQ n � R o I to 10 GRAPHIC SCALE 1421 'D2'27"E 43.48' /� z i N 0 50 100 200 0 R=175.00' — A=21 '00'00" / Z Le64. 14' I ( (IN FEET) CHD=63.78' I C.B.=141032'27"E20 56 , 80 80' 1 inch- 100 fL Lo N t , P.00ce Ni SE CCRAR SECTM 50 P i TN?. 33 soUme RGE. 38 Mr z � I SECTION UNE 9.501 . 16th 16th ST. HEARING BASIS =P60BW 158.00' S89'5 31 " Description A parcel of land lying ' in the Southeast 1 /4 of the Southeast 1 /4 of Section 5, Township 33 South, Range 39 Eosl, Indian River County, Florida, -lying South of the Main Carol (300' right—of—wdy), beingg more particularly described. as follows: COMMENCING at the Southeast comer of said Section S. proceed. South 89' 54' 31 West olono the South line of said Section 5 a distance of 156.00 feet to the POINT OF BEGINNING; thence continue South 89' 54' 31 " West olori$ sold Section line, a distance of 89.50 feet; thence departing said line, North 00' 02' 27" East, parallel to the East line of said Section 5, a distance of 122.05 feet to the point of curvature (p.c.) of a curve concave Southeasterly, having a radius of 175.00 feet; thence proceed Northeasterly along the are -of said curve, through a gentral angle of 21 ' 00' 00% a distance of 64. 14 feet to the point of tangency (p.t.) of said curve; thence North 21 ' 02 27 East a distance of 4146 feet to the p.c. of a curve concave Northwesterlyy, having a radius of 125.00 feet; thence proceed Northedaterly along the aro of said curve, lhpough o bentral angle of 21 ' 00' 00", a distance of 45.81 feet to the PA. of said curve; thence North 00' 02 27" E at, araHal to said East line of Section 5, a distance of 297.33 feet; thence North 50' 22' 11 ". West a distance of 93. 11 feet 'to a point on the South right—of—way of the Main Canal; thence North 69' 21 ' 32" East a distance of 142.50 feet to a point being 156.00 feet West of said East fine of Section 5, when measured at right angles thereto; thence South 00' 02' 27" West, parallel to said East line of Section 5, a distance of 866 .35 feet to the POINT. OF DEGINNINO. Containing an area of 45 ,651 square feet, more or less. sketch of Description aggovia Lakes . William B. Zentz & Associates, Inc. 106 051 Profs AV79111 Sturveyors&Mep_ �p_e_r6 CMn"CATE Or AUTHORIZATION (13!) Am 6040 DA TE 10/28/04 684 Old . Dixie Highway Vero Beach , FI 32962 Phone : ( 772) 567-7552 WILLNM B ZEN SHEET of REGISTERED LAS • R No. 5276 Fax : (772) 567 — x.751 STtl7E of rLv A 1 1 This document prepared by and return to: 11/gn1qwcgtrwUllw4 Indian River County ` Public Works Deporhnent 1840 25a' Street Vera Beach, Fl. 32960 EXHIBIT I ' D " . COUNTY PAR LoAQhIDER0R1f �10NA GRAPHIC SCALE . 0 50 1 0 200 05 . (liol KEEP) 1 Inchw100 ft. 18th 5T. SECTION LINE : — 136' . � O Notes: 1 . This Is not a survey. t7 2. Reproductions of this sketch t arp not valid unless It bears tl#e signature and original raised seal of a Florida licensed L Surveyor & Mapper, w >� 3 . Bearings shown are for informational I based on survey by this ilr`n, 10/25/04. Bearing reference: C9 a State plane coords, IAO 83/90. 4 . 'Reis description originated by this su'tveyor as requested .'by the client. Pa 0 G3o I $ m p U). ZO POSE10 SEGOVIA LAKES PRO } )r g '3 " 150 .00' 80 150' I ' 20 I � I+ cn 0 1 �- f up hf) - b V1 N n N I � ) tn N � o i IN Ii ex 1306' R oSOM1 LMr 7W rr t%i )s' nD°ti al ntimp a ME Ar � 150.00' i 1_36.00' S89757'38"W N 0 T SU0DIV117E0 2 Description The West 150 feet of the . East 306 feat of the ' South 265 feet ' of the North 1 /2 of the Nartheast ; 1 /4 of the Northeast 1 /4 of Section 6, Township 33 South, Range 39 East, Indian River County:.. . Florida ; _ _. .. . . . .... . . Sketch of Q$crl tklon c Sfgtx�la Lelves William H. Zehtz dt Aasaciates; Inc. L108 "a •, f'rolresslonal S'wYey4x-a �pets f os-os r COMMATE of AMORRA71011 (le) No. ss40 [1 J. 68.4 Old Dixie Highway fp�27�Of Vero Beach , Fl 329 ¢2 Phone : (772) 567-7552 WWI 8, ZENIz, L SHEET of Fax 772 567 - 1751 RE015rEREO •�I" . R No. 5Z76 ( STATE Of FLRRlA 1 I 14 I :U'laanhig & ZouinglAOUERRBVBRIi, BNIU.QljB\rINAI. Dovoinpoes Agroomont 11 02 04 .doc This document prepared by and return to: 11/8/04wcg(PWD)jwd Indian River County Public Works Department 184025 1h Street Vero Beach, Fl . 32960 DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND SEGOVIA LAKES LLC FOR SEGOVIA LAKES PLANNED DEVELOPMENT RELOCATION OF 16TH STREET (ATLANTIC BLVD.) AND STORMWATER MANAGEMENT THIS AGREEMENT, entered this 4th day January 2005 by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida, 32960 hereafter called COUNTY and SEGOVIA LAKES LLC , 2655 LeJeune Road, Suite 802 , Coral Gables, Florida 33134, Attn : David R. Garcia, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS , the DEVELOPER proposes to develop a residential community to be known as Segovia Lakes Planned Development on a 30-acre parcel of land along 58th Avenue, (Indian River County Project Number 2002050008) which is legally described on Exhibit "A" attached hereto and incorporated herein by reference, and; WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to right- of-way acquisition, roadway, and drainage improvements for 58th Avenue and 16th Street (Atlantic Blvd . ) , and; WHEREAS , both the COUNTY and DEVELOPER can assist each other through a joint effort that will provide for right-of--way acquisition, drainage, and roadway paving of 16th Street (Atlantic Blvd .) . NOW, THEREFORE, in consideration of the mutual terms, conditions , promises , covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows : 1 J:1Planning & Zoning\AGUERREVERE, ENRIQUE\Segovia Lakes clean 840-04 version.doc This document prepared by and return to : 11 /8/04wcg(PWD)jwd Indian River County Public Works Department 1840 25" Street Vero Beach, Fl . 32960 1 . Recitals : The above recitals are affirmed as being true and correct and are hereby incorporated as if fully restated herein . 2 . Stormwater Facility Construction : The DEVELOPER shall construct drainage piping and necessary restoration of right-of--way to direct the 58th Avenue stormwater currently stored in the stormwater pond located at the southeast corner of Developer' s site ("Existing County Pond") into the on-site stormwater pond to be constructed on DEVELOPER' S site. After the 58th Avenue stormwater is diverted, the County shall abandon the Existing County Pond and site to the DEVELOPER, less the needed 20 ' right-of4ay for 58th Avenue. The parcel to be retained for 58th Avenue right-of4ay is legally described and shown on Exhibit ` B" . The DEVELOPER shall obtain all necessary St. John ' s River Water Management District permits, and Developer shall design the stormwater system to divert the stormwater, all at no cost to the COUNTY. The DEVELOPER shall grant to the COUNTY a 15 ft. wide easement from 58th Ave. along the inflow drainage pipe, through onsite stormwater ponds, and along the drainage outfall pipe, for emergency maintenance . The DEVELOPER and/or Segovia Lakes Property Owners ' Association shall maintain the on-site stormwater lake in accordance with the Segovia Lakes Property Owners ' Association Declaration of Covenants and Restrictions . In addition, the pond volume and all piping shall be sized to provide stormwater storage for the impervious area to be covered by the future six-lane expansion of King ' s Highway (58tt' Avenue) for the length of the Segovia Lakes project ' s frontage on King ' s Highway. I King' s Highway (58th Avenue) : King ' s Highway (58th Avenue) and Atlantic Boulevard Right-of--Way Acquisition: The DEVELOPER and the County agree to exchange, pursuant to 2 JAPlanning & Zoning\AGUERREVERE, ENRIQUE\Segovia Lakes clean 8- 10-04 version.doe This document prepared by and return to: 11 /8/04wcg(PVMbwd Indian River County Public Works Department 1840 25`h Street Vero Beach, Fl . 32960 a Land Exchange Agreement entered into by the DEVELOPER and the COUNTY, twenty feet (20 ' ) of DEVELOPER' S property on King ' s Highway together with a certain parcel consisting of 45 ,651 square feet (where the road connecting 16th Street to Atlantic Blvd. will be constructed) , which parcels are legally described and shown on Exhibit "C" attached hereto and incorporated herein by reference (collectively, the "Developer Parcel") , for the COUNTY owned parcel containing the Existing County Pond consisting of 39 ,751 square feet, which parcel is legally described and shown on Exhibit "D" attached hereto and incorporated herein by reference (the "County Parcel") on an equal square footage basis . Since the Developer Parcel is larger than the County Parcel by 27 , 570 SF , the COUNTY shall pay DEVELOPER $ 1 . 48 per SF or $ 40 , 890 , 10 4 . Atlantic Blvd. (16th Street) : DEVELOPER shall design, obtain permits , pave and relocate, as necessary, Atlantic Blvd. from the DEVELOPER' S west property line to the 16th Street/58th Avenue intersection, as shown on the approved Segovia Lakes Preliminary Plat. The COUNTY Public Works Department shall review and approve the design prior to submitting pen-nit applications. The DEVELOPER shall use the County' s public competitive bid process for construction of this improvement, and Developer further agrees fully and timely to cooperate with the COUNTY in the public competitive bidding of the construction. The DEVELOPER shall timely provide the Indian River County Purchasing Division with sufficient information, including the nature of the project, where the plans may be purchased, the purchase price of the plans in an amount not to exceed One Hundred Dollars ($ 100 . 00), the proposed date of bid opening, and all other required competitive bid details to ensure compliance with §255 .20 , Fla. Stat. (2003 ) , and to ensure sufficient public notice of the 3 J:\Planning & Zoning\AGUERREVERE, ENRIQUE\Segovia Lakes clean 8- 10-04 version.doc This document prepared by and return to : 11/8/04wcg(PWD)jwd Indian River County Public Works Department 1840 25`x' Street Vero Beach, Fl. 32960 construction of improvements described in this paragraph to enable the COUNTY to post a notice on DemandStar. The DEVELOPER agrees that the Indian River County Purchasing Division shall conduct the public competitive bid process for the construction of the improvements in this paragraph to obtain bona fide bids from licensed and qualified contractors , and that such bids are to be publicly opened and read aloud. The DEVELOPER shall cause the DEVELOPER' S engineer to review the bids received by the Indian River County Purchasing Division, and to make a written recommendation to the County ' s Public Works Director for award of the bid to a licensed and qualified contractor . The COUNTY' S reimbursement of construction costs to the DEVELOPER shall be conditioned upon the approval of all project costs by the County ' s Public Works Director . Bid proposals and engineering costs related to the work described herein shall be subject to prior approval by County' s Public Works Director, The DEVELOPER shall not commence work unless the County' s Public Works Director provides written approval of the final construction cost and the final project cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY' S sole discretion, project costs significantly exceed those contained in Exhibit "E. " Bids shall include Performance and Payment Bonds with the COUNTY being named an additional party covered by the Bonds . Upon completion and acceptance of the road improvements, DEVELOPER shall provide a bill of sale to COUNTY for the improvements in this paragraph together with a one year warranty covering said improvements . The bid price of the selected bid shall be deemed to be the "Fixed Contract Price" for purposes of this Agreement . The COUNTY shall reimburse Developer for 50% of the Fixed Contract Price. If the actual construction costs exceed the Fixed Contract Price, DEVELOPER and 4 JAPlanning & ZoningVIGUERREVERE, ENRIQUE\Segovia Lakes clean 8- 10-04 version.doc This document prepared by and return to : l l /8/04wcg(PWD)jwd Indian River County Public Works Department 1840 251h Street Vero Beach, Fl . 32960 COUNTY agree that COUNTY shall not be obligated to reimburse DEVELOPER any amounts corresponding to the excess costs over the Fixed Contract Price . COUNTY agrees to reimburse 50% of the Fixed Contract Price to DEVELOPER in monthly_installments as follows : DEVELOPER presents COUNTY with an invoice, approved by DEVELOPER, from the Engineer, contractor or other third parry performing the design and construction work. All requests for payment under this agreement shall be governed by the Florida Prompt Payment Act, FS 218 . 70 et. seq . 5 . MISCELLANEOUS : A. In the event of any litigation arising out of this Agreement, both parties shall bear their own attorney fees and costs . B . No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . C . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns . D . This Agreement contains the entire agreement and understanding between the parties . No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any party hereto . E . This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. F . This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties . There shall be no canon of construction 5 J :\Planning & ZoningWGUERREVL'RE, ENRIQUE\Segovia Lakes clean 8- 10-04 version .doc This document prepared by and return to : l l/8/04wcg(PWD�wd Indian River County Public Works Department 184025 th Street Vero Beach, Fl. 32960 for or against any party by reason of the physical preparation of this Agreement . G. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others . H. COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. I . Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times . J . All words, terms, and conditions contained herein are to be read in concert, each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. K. The words herein and hereof and words of similar import, without reference to any particularsectionor subdivision of this Agreement, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. L. In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. 6 J :\Planning & Zoning\AGUERREVERE, ENRIQUE\Segovia Lakes clean 8- 10-04 version.doc This document prepared by and return to : 11 /8/04wcg(PWD)jwd Indian River County Public Works Department 1840 25t` Street Vero Beach, Fl . 32960 6 , INSURANCE AND INDEMNIFICATION: During the performance of any construction in COUNTY or Indian River Farms Water Control District right-of-way covered by this Agreement, the DEVELOPER shall provide the COUNTY with evidence that the DEVELOPER' s Contractor has obtained and maintains the insurance listed in the Agreement . A . DEVELOPER' s Contractor shall procure and maintain for the duration of all construction contracts, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the DEVELOPER, his agents , representatives , employees or sub-contractors . B . Minimum Scope of Insurance . 1 . Worker' s Compensation as required by the State of Florida. Employers Liability of $ 100 ,000 each accident, $ 500,000 disease policy limit, and $ 100 ,000 disease each employee . 2 . General Liability $ 1 , 000 ,000 combined single limit per accident for bodily injury and property damage. County shall be an additional insured. Auto Liability $ 1 ,000,000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles . County shall be an additional insured. 3 . Professional Liability Insurance providing coverage for intentional, reckless or negligent acts, errors, or omissions committed or alleged to have been committed by DEVELOPER' s Engineer with a limit of $ 500,000 per claim/annual aggregate . There shall be no more than $ 5 ,000 deductible per claim amount unless approved by the County Risk Manager. 7 J :1Planning & ZoningWGUERREVERE, ENRIQUMSegovia Lakes clean 8- 10-04 version .doc This document prepared by and return to : l l/8/04wcg(PWD)jwd Indian River County Public Works Department 1840 25a' Street Vero Beach, Fl . 32960 C . Any deductibles or self-insured retentions greater than $ 5 , 000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the DEVELOPER. D. DEVELOPER' S insurance coverage shall be primary. E. All above insurance policies shall be placed with insurers with a Best's rating of no less that A + VII . The insurer chosen shall also be licensed to do business in Florida. F . The insurance policies procured shall be per occurrence policies or as generally available on the open insurance market. G. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Contract. H . The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance . 1. A written safety inspection plan must be submitted to the Indian River County Risk Management Department for approval prior to the signing of the contract. J . DEVELOPER shall include in all sub-contracts for sub-contractors the above insurance requirement or show them as insured under its policies or shall furnish separate certificates and endorsements for each sub-contractor. All coverages for sub-contractors shall be subject to all of the requirements stated herein. K. Up to $ 1 million, DEVELOPER hereby agrees to indemnify Indian River County and 8 J:\Planning & Zoning\AGUERREVERE, ENRIQUE\Segovia Lakes clean 8. 10-04 version.doc This document prepared by and return to : 11 /8/04wcg(PWD)jwd Indian River County Public Works Department 1840 25th Street Vero Beach, Fl . 32960 Representatives thereof from all claims arising solely from intentional, reckless or negligent acts, errors or omissions of the DEVELOPER or DEVELOPERS ' REPRESENTATIVES in the performance of Services under this agreement and for which DEVELOPER is legally liable . L. Notwithstanding anything in this Agreement to the contrary, or at law or otherwise, whether in tort, indemnity, or other theory or liability, neither party shall be, in any way, liable for any consequential, indirect, punitive or special losses , injury or damages of any character, including but not limited to , claims for loss of profit, revenue or capital, loss of use of utilities, equipment or facilities , down-time cost, or service interruption. [THE REMAINDER FO THIS PAGE LEFT BLANK INTENTIONALLY] 9 JAPlanning & Zoning\AGUERREVERE, ENRIQUE\Segovia Lakes clean 8- 10-04 version.doc This document prepared by and return to : 11 /8/04wcg(PWD)jwd Indian River County Public Works Department 1840 25 h Street Vero Beach, Fl. 32960 IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names , the day and year first above written. SEGOVIA LAKES LLC BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: PINE BAY HOLDINGS LLC , BY : :-Y't"� 5 . c^'''� as Managing Member of Segovia Thomas S . Lowther Chairman Lakes LLC BCC Approved : 01 / 04 / 2005 �r �y , ir�UW ir $y � t + By : PINE BAY DEVELOPERS LLC , i as Managing Member of Pine Bay By ,,. - ac Holdings LLC ` Administrator Jost' ; B Attes i Y , Enrique J . Aguer fevere P r t?KA,twl ' on M ger Clor o� Court By: David R. GoKia Manager WITNESS : dLM c,c J . ` WITNESS : _ _ (Corporate se is ce table in a of witnesses) - I 1 10 County Attorney (Approved as to Form and Legal Sufficiency) Indian River County Approved Date Administration Budget Co. Atty Risk Management Y � Public Works j / 30 10 (:\Planning & Zoning\AGUERREVERE, ENRIQUE\Segovia Lakes clean 8- 10-04 version .doc This document prepared by and return to : 11 /8/04wcg(PWDAwd Indian River County Public Works Department 184025 1h Street Vero Beach, F1. 32960 EXHIBIT " A " LEGAL DESCRIPTION THE FOLLOWING PARCELS OF LAND, SITUATE IN PORTIONS OF SECTION 5 AND 8, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A : BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST, THENCE NORTH TO THE SOUTH RIGHT-OF- WAY LINE OF THE MAIN CANAL OF THE INDAIN RIVER FARMS COMPANY; THENCE EASTERLY ALONG THE SAID CANAL RIGHT- OF- WAY LINE TO THE WEST RIGHT- OF- WAY LINE OF CANAL OF THE SAID INDIAN RIVER FARMS COMPANY, KNOWN AND PLATTED AS LATERAL 'B ; THENCE SOUTH ALONG THE RIGHT- OF- WAY OF THE SAID LATERAL 'B ' TO THE SECTION LINE DIVIDING 5EC77ON 5 AND SECTION 8; THENCE WEST TO THE POINT OF BEGINNING; LESS AND EXCEPT THE WEST 56 FEET OF THE EAST 136FEET OF THE SOUTHEAST K OF SECTION 51 TOWNSHIP 33 SOUTH, RANGE 39 EAST LYING SOUTH OF THE MIAN CANAL, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 251 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE . SOUTHEAST CORNER OF SECTION 5 AND RUN ALONG THE SECTION LINE NORTH 89257J170 WEST A DISTANCE OF 56 FEET TO A POINT. THEN RUN NORTH 00' 17 '45 '" EAST A DISTANCE OF 674, 01 FEET TO A POINT IN THE SOUTH RIGHT- OF- WAY LINE OF THE MAIN CANAL . THEN RUN ALONG , THE SOUTH RIGHT-- OF- WAY OF THE CANAL, NORTH 69036 ' 11 " EAST A DISTANCE OF 59. 86 FEET TO A POINT LYING 80 FEET WEST OF AND NORMAL TO THE EAST LINE OF SECTION 5, THEN RUN SOUTH 000 17045 " WEST A DISTANCE OF 694. 92 FEET TO THE POINT OF BEGINNNING. PARCEL B: THEN NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39 EAST. LESS AND EXCEPT THE WEST 56 FEET OF THE EAST 138 FEET OF THE NORTHEAST %4 - OF THE NORTHEAST Y4 OF SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 21 PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 8 AND RUN ALONG THE SECTION LINE NORTH 89 '57' 17 " WEST . A DISTANCE. OF 80 FEET TO THE POINT OF BEGINNING. THEN CONTINUE NORTH 89657 ' 17j' WEST A DISTANCE OF 56 FEET TO A POINT. THE RUN SOUTH 00629 '24 " WEST A DISTANCE OF 676. 58 FEET TO A POINT, THEN RUN SOUTH 89 '57 ' 16 " EAST A DISTANCE OF 56 FEET TO A POINT. THEN RUN NORTH 00429024 " EAST A DISTANCE OF 676. 58 FEET TO THE POINT OF BEGINNING, 11 J :1Planning & Zoning\AGUERREVERE, ENRIQUEEONAL Developer's Agreement 1108 04.doc 11/H/04wc9(PWD)f wd This document prepared by and return to Indian River County Public Works Department 1840 25" Street Vero Beach, FI. 32960 EYMBIT " B ' r RIGHT-OF-WAY LEGAL DESCRIPTION GRAPHIC SCALE ko 190 200Q I V (IN FEET) i Inchw100 ft, 18th ST. 138' 0 Notes, 1 : Thls Is not a survey. 2, Rsproduollons of this sketch I . are not valid 01011 It bean the elggnaturs and original rallied libel aT a rioddd Iloeneed 1 � Surveyor & Dapper. 3 , BsarIng, shown are for Inform!hU By el t5j urporee, based on MY firm, irm, 10/25/04, Be In rof ro car lit state plane 000rder 4. This desoription origginated by We � I surveyor as reque$ted by the client. pROPOS ' [ D SEO aVrA LAKE9 ! / D . b Qe)YCri�7f� PSC—�I 138' (HITCHED) 5300 Sq, M t I Be ' ' 80' 160,00 170' w 20' I � 94 306' �rri t sD,00' fnr 'g1328.65 . sew57'38 "W N a r S U I O I V I D C D Description The East 20 feet of the Wset S feet of 170 f4eof the Northeastt81 /4 toff Sectl no 8h T wnshlp 33 the North 1 /2 of the Northeast 1 / South, Range 39 ' East, Iridian River County, Florida. Sego►vin Lakes Sketch of Desorl #Ion 711/4/(]74 William B. ZentZ & Associates , Inc.armna le ar „u,�n2itlorr (tD) ra. We064 Old , Dlxle HighwayVero Beach. FI 32982 inCtNv a r f f Phone: (772) 587 -7562 p��Ep suRVEtcw Ne, alto rax : (772 587 - 1751 Sidor 12 I:\Planning & Zoni,>b7\AGIIERREVERE, r.MQUE\FINAL Developces Agreement 11 09 04.doc 'Ihis document prepared by olid return to: 11 /9/04wcg(PWDb%vd Indian River County Public Works Depai bnent 1840 25°i Street Vero Beach, Fl. 32960 COMPOSITE EXHIBIT ' " C " C-1 DEVELOPER' S PARCEL / LEGAL DESCRIPTION N69'21 '32"E 21 .38' _ AIN o� G wa-i r , } � Mm m 0. ' GRAP"C SCALE t5s' S6g 2� 0 100 200 400 20' I� I 1 Inch = 200 ft, ( IN FEET ) , ,w n i� P Q 3 z ' z to N Deecrbed Parcel 136' ' Z i0 r�i Mr UNE OF SE. 1/4 OF S.F. I/4 (HATCHED) P SECTION '3. 71M 33 S, ROE 39 � � 21 ,870 • . SQ. FT. SEC770N UNE t , _ t 6th ST. - '-- - - - � - - - - - - - - - 118253' — \ 138.0°' 20' -• 1 Notew T. This is not a survey. a , 136' in w 2, Reproductions of this sketch 3 158' I . are not valid unless It bears a w the signature and original raised u seal of a Florida licensed � ' `� ' . Surveyor do Mapper. o S89'57-'38"W � I 3 . Bearings shown 'are , for informational 20.00' I ~ q - purposes , . based on survey by this N . firm , 10/25/04 . Bearing reference: to , State plane c0ords, NAD 83/90. saB'5713eA Sol �+ 4 . This description originated by this 170'0 ¢S¢ •�2' n surveyor as requested by the client. 3 V r _$ Z IM SOM LINE ME NORTH 1/2 OF ME 1/4 OF N.E. 1/4 � '� � � h �' Io SECRON 8, TWP. 33 S, RGEP 39 E. bo N ,a .. In rn I � 308' N89'57'36"E 1022.65' 170.°0' 136.00, 7 k�'� N89'57'38"E 1328.85' N I NOT - SU8DIVID £ D Description The West 20 feet of the East 156 feet of the Southeast 1 /4 of the Southeast 1 /4 of Section 5 , Townshi f. 33 South, Range 39 East, Indian River County, Florida, lying South of the Main . Canal (300' right— of— way TOGETHER WITH The West . 20 feet of the East 156 feet of the North 1 /2 Northeast 1 /4 of the Northeast 1 /4 of Section 8, Township 33 . South,!: Range 39 East, Indian River County, Florida , LESS AND EXCEPT the West 170 feet of the East 306 feet of the South 265 feet thereof. Sketoh, of Desori tloh Segovia Lakes William B. Zentz & Associates, Inc. 106 51 Profeeetlals/ StrveyotV&Y8PpM :CERTIFICATE OF AUTHORIZATION (LB) No. 8040 WE B84 Old Dixie Highway 10/27/04 Vero Beach, FI 32962 Phone: ( 772) 567-7552W/uwxl B. zErlrz s sNEEr of Fax 772 567 - 1751 REClSTER£D tAFID No. 8278 ( ) STAIE OF F10RID, f 13 J.-Manning & Zoning\ACUERREVERP., ENRTQUEtF84AL Developer's Agreement 1108 04ADC This document prcpared by and return to: tt1yiu1twcgA1- wr✓Dw" Indian River County ' Public Warks Department 1840 25'h Street Vero Beach, FI . 32960 COMPOSITE EXHIBIT- trC ' r C-2 DEVELOPER' S PARCEL / LEGAL DESCRIPTION ASN0 1 I I Legend ; t� I 0� R\C' N692 Z5 21 .38' i P.O.C. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING is R = RADIUS /. �sd?2 i co A = CENTRAL ANGLE - aj �r �� 158.00' n L = ARC LENGTH CHD = CHORD C.B. CHORD BEARING w I I P.C. = POINT OF CURVATURE P.T. POINT OF TANGENCY iq ^/ LU VZOV03 ioDescribed Parcel n i i oI (HATCIIED) ctod Notese 451651 SQ. FT. f / m I 1 WI 1 . This Is not a survey. 2. Reproductions of this sketch �. are not vo0d unless it bears w/ I C9 q the signature and original ralsed oval of a Florida licensed cJ i I u Surveyor & Mapper. - iJ I 3. Bearings shown ore based on o survey by this firm, 10/25/04. BearingL ca:I State plane coeoords, NAD 83/80. J 4. This description ori inated by this R=125.00'—� qq surveyor as regoexted by the spent. A=21 '00'00" I e L= 45. 61 ' PTA . N CHD=45.56' J o C.B.=1410'32' 27"E / / b N I OD p / Q I GRAPHIC SCALE j N21 '02'27E �,, o ` I 43.46 Z I o Rw175.00' ---� � / Ig h=21TJ0'00" �. I I Z - L=84.14' (IN FEET) CHD=63.78' 20Be' I 80' 80' 1 inch= 100 It. C.B.=N1032'27"E ' p u ' I P.©,C0 SX. WftMr, zRsP N m. 3 I� E 3 .mr (49 SECTION UNE9.50' 56.00 ,1 80.00 — 16th ST._ BEARING BAS15, s 9' a 156.00' S89'5j'31 " 9 - POO213V 7 Description A parcel of land lying In the Southeast 1 /4 of the Southeast 1 /4 of Section 5, Township 33 South, ROnge 39 East, Indian River County, Florida, lying . South of the Main Canal (300' tight-of4wdy), beingg more particularly described. as follows: COMMENCING at , tha Southeast comer of said Section 5, pproceed South 89' 54' 31 " ' West olon the South line of said Section 5 a - distance of 156 .00 feet to the POINT OF BEGINNING; thence continue South 89' 54' 31 " West along said Section line, a distance of 89.50 feet; thence departing said line, North 00' 02' 27 " East, parallel to the East line of sold Section 5, d distance of 122.05 feet to the point of curvature (p c.) of 0 curve concave Southeasterly, having a radius Iof 175.00 feet; 'thence prbceed Northeasterly alongg the are of said curve, through a gqentral ongis of 21 00' 00", o distance of 64,14 feet to the point of tongency (p.t.) of said curve; thence North 21 ' 02' 27" East a distance of 43:46 feet to the p.c. of a curve concave Northwester having a radius of 125.00 feet; thence proceed Northeasterly along the arc of said curve, through a betltral angle of 1 ' 00' 00", a distance of 46.81 . feet to the p,t, of sold curve; thence North OO' 62' 27" East, parollei to void 1$ast Ilne of Section 5, a distance of 297,33 feet; thence North 58' 22' 11 " West a distance of 93. 11 feet 'to a point on the Sopth right-of- wa of the Main Canal; thence North 69' 21 ' 32" East a distance of 142.50 feet to a paint being 156.00 feet West of said East line of Section 5, when measured at right angles thereto; thence touch 00' 02 ' 27" West, parallel to sold East line of Section S. a distance of 668.35 feet .to the POINT OF BEGINNING, Containing an area of 45,651 square feet, more or lees. Sketch of Description t�q Dulls Lakes . JOB No. William B Zentz & Associates, Inc. 106-051 Profeevlon 1l8WWY"&Mepp" tU1TE cERTIFlCATE OF AUTHORIZATION (tB) Ne. 6640 f 0 28/04 684 Old Dixie Highway ` Vero Beach , FI 32962 _ ta. V�WM01.VnNo.Phene: (772) 567 -7552 wu m s zsNtET OF' REGISTEREDFox ( 772) 567 -.1.751 sr4TF or Ft 1. 3 (a) JAPlanning & Zoning\AOUERREVERE, ENRIQUEWINAt. Developer's Agreemont 1108 04.doe This document prepared by and return to: l l/8/04wcg(PWDywd Indian River County Public Works Department 1840 25n' Street Vero Beach, Fl. 32960 EXHIBIT " D " COUNTY P. ARWr-414M FQAL DE6C iI .PION GRAPHIC SCALE , 0 50 . 100 200 O I O i ' (IN FEE7� 1 loch= 100 ft. SECTION UNE _ _ _ _ _ _ 16th ST 136' Noteso I 1 . True is not a survey. t7 I 2. Reproductions of this sketch Nt urp not valid unless it bears the signature and original raised seal of a Florida licensed Surveyor & Napper. W 3 , Bearings shown are for informational Q l r w purposes, based on survey by this I `o 'q firm, 10/25/04. Bearing reference: C7 R State plane coords, NAD 83/90. Z 4. This description originoted by this rS tq }FE ^ surveyor as requested . by the client, G10 Zt I to -41 O I :j N O Y PROPOSED SEC 0 Y I A ! A K E S S / 0 136' v 1 S89057 ,3 " I 150.00' i • 180' - I I l o 1n o I � 0 17 tf) N In lir] N to ey Vj ^ 10 1 tn Nth n 1306' ' N SOUTN UNE OF Tw NORru 1/2 OF Mr N.E 114 !t g OF. THE NE 1/4 SEC1 M B, I M S. RCE JD F. 150.00 1 136 .00 ' L — — — S89' 57138"W _ 1328 . 654 NOT 5U8DIYIDED Description The West 150 feet of the . East 306 feet of the South 265 feet ' of the North 1 /2 of the Northeast 1 /4 of the Northeast 1 /4 of Section 8, Township 33 South , Range 39 East, i Indian River County, Florida . Sketch of . Description ( SelgoVila Lakes William B. Zentz & Associattes, Inc. °B N Professions/ ft"eyom&Mapwo 106-05 1* CEMME OF AWHORM00H (LB) No. 61510 DOTE J. 684 Old Dixie Highway 10/27/04 Vero Beach , FI 32962 Phone: (772) 567 -7552 N7CUAAl B. ZENTZ, SHEET of ft'" ERJ' y.4I Tym� No. SZ78 Fax ( 772) 567- 1751 STATE Or rLZF 1 1 1 14 ].Planing & ZoninglAOUSRRP.VERr•., BNRIQUE\PINAL Deveinper's Agraoment 1108 04 .dae EXHIBIT ""E" Cost to Pave, design, permit and relocate Atlantic Boulevard from Segovia Lakes west property line to 58th Avenue : 1500 LF X $ 150/LF = $225 ,000 3/20/03RES0(LEGAQWGC/nhm RESOLUTION NO . 2005m 005 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXCHANGE OF 58TH AVENUE RIGHT-OF -WAY WITH SEGOVIA LAKES LLC . WHEREAS , SEGOVIA LAKES LLC owns 30 acres of property adjacent to 58th Avenue , lying south of the Main Relief Canal and west of the terminus of 16th Street ; and WHEREAS , Segovia Lakes desires to acquire a 0 . 91 acre County owned stormwater retention pond in exchange for a 1 . 048 acre parcel and a 0 . 497 acre parcel of property along 58th Avenue to be used as right-of-way for 58th Avenue and to align Atlantic Boulevard and 16th Street . WHEREAS , Segovia Lakes will also provide an easement to the County and necessary piping for routing stormwater runoff from 58th Avenue (expanded to six lanes) into the Segovia Lakes stormwater retention system . WHEREAS , Indian River County has agreed to pay additional compensation in the amount of $40 , 890 . 10 to Segovia Lakes as a part of the exchange ; and WHEREAS , the exchange of property between Indian River County and Segovia Lakes is part of a Developer's Agreement negotiated by the parties , and WHEREAS , the terms and conditions of the proposed exchange have been noticed in the newspaper once a week for two weeks pursuant to Florida Statute 125 . 37 , 1 RESOLUTION NO . 2005 - om NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA , that the "Agreement to Exchange Property" between Indian River County, Florida and Segovia Lakes LLC is approved and the Chairman is authorized to execute the Agreement and any necessary deeds to effectuate the exchange . The resolution was moved for adoption by Commissioner Davis , and the motion was seconded by Comm issionero Neuberger , and , upon being put to a vote , the vote was as follows : Thomas S . Lowther, Chairman Aye Arthur R . Neuberger, Vice Chairman Aye Wesley S . Davis Aye Gary C . Wheeler Aye Sandra L . Bowden Aye The Chairman thereupon declared the resolution duly passed and adopted this 4th day of January , 2005 . BOARD OF COUNTY COMMISSIONERS INDIAN RI ER COUNTY, FLORIDA By S. Thomas S . Lowther, Chairman BCC approved : 1 / 04105 A Jeffrey K. Ba on , erk Deputy Clerk Approved as to form and legal sufficiency: By : William G . Collins II County Attorney 2 Buyer ' s and Seller ' s Combined Closi ng Statement � a Collins , Brown, Caldwell, Barkett & Garavaglia, Chartered NOTE: This form is furnished to give you a statement of actual settlement costs . Amounts paid to and by the settlement agent are shown . Items marked "(p. o. c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals . NAME OF BUYER: Indian River County, Florida, a political subdivision of the State of Florida, ADDRESS OF BUYER: 1840 25th Street Vero Beach FI: 32960 NAME OF SELLER: Segovia Lakes LLC ADDRESS OF SELLER: 2655 LeJeune Road Suite 802 Coral Gables FL 33134 NAME OF L NDER: ADDRESS OF LENDER- PROPERTY Parcels located in Section 5, and Section 8 , Township 33 5 , Range 39E, LOCATION : SETTLEMENT AGENT: Collins; Brown; Caldwell, , Barkett de Garavaglia, Chtd. -- - PLACE OF SETTLEMENT: 756 .Beachland Boulevard; Vero Beach, FL 32963 756 SETTLEMENT DATE : 20 e 0 -5 SUMMARY BUYER'S TRANSACTION SUMMARY OF STRANSACTIO ELLER'S N 100. ROS AMOw N D FR BER 400 . RWE TO SELJXR roperty Cc Parcel t ICE from 120�2 , line 1400 1310 j2r.QRcW i 1 itemsAdjustmenta for 4 fQr Check Cashing taxes t es t ts ty taxes to 4101Unt Pro &tign to 2 . o 411 , 412 . A 120-GROSS AMOUNT DUE FROM BUYER 110 409890.10 420 . GROSS AMOUNT DUE TO SELLER 200 .AmouNTS PAID BY OR IN BEHALF OF BUYER409890,10 2121 aDeRosit or , carnest money 500.REDUCTIONS IN AMOUNT DUE TO SELLER aid TitWAtto 504, t rharges 505AXQff of second mo a u f e le 2 7 . afinancing 2 509 ,2 2 Adjustments for items unpaid by seller 2 0 t to Adjustments for items unpaid by seller 2 51.0, 013fAoMm taxes t 212 .Assessmentg 2 t sessments to 2 4 . to NIQ to 2 to 2189 to 219 . to to 519 . 220.TOTAL AMOUNTS PAID to520. TOTAL REDUCTIONS IN BY OR IN BEHALF OF BUYER AMOUNT DUE SELLER 3,503 .48 300 . CASH AT SETTLEMENT FROM/TO BUYER 600. CASH AT SETTLEMENT TO/FROM SELLER 301 .Gross amount due from bu er ine 120 40, 89010 60l . Gross amount due to seller line 420 302 .Less amountsaid by/for buyer line 22 40890 -10 F602 . Le s reductions in ount due sell line 520 3 503 . 8 303 .CASH [$i From 1 To BUYER 40,890.10 603 , CASH ® To 0 From SELLER � 37,386 .62 PACE 756 Beachland Boulevard Vero Beach , FL 32963 ^ InM Tb.q..,, c...�..w. Vne 'tl1411969L[[4[ . lse fII.n.�nnA FORP or"I , � �JT•ii3l3ii� � n n r IiST3L1I1] 1 , 1 , EXPENSES ' ' 9 1 11301 ME R917MOR M4 roT-=q * i w U-1 rem 1 1 rr : . r r r r • r r r r r .101M grer-MIT • r : 1 p • • _ ' 6 WN • -- � • 1 yl ! , 1 1 • U • t - 1 1 • • : , • 1 Fee to . 1 • HBO ■ ` 1 1 X r • r r • r r r 91 I-rterestfrow 02/09/2005 t • 03/01 /2005 /day -- 905 years--to 0";1 posltecl With Lender - 11003 . City iDroi3--Tt%,r taxes 114 . T, • • ` dttaxes -mer 11 • r l 11 • n • 1 IM( . - n • r ! • wo-wifr 1008 . monthsA month 99 11 or title seaTc'f to CoTrwonwr ealt'r La-rd Title- 071 MOO . : r sr . . 1 • .n . , 1 • : • • - n r _ II . ti � � � J4T+" � :'� 1 -�:P�Te wp s s^. IY�"4 1 • ! • • C n . nRM115 p r t: 1 / 1 • Mal 11 • : 1V U I+ a x "4 w111 L� d� .rr�i� 11 1 r nr r r l r r r 1 t • Record .Deed from County • • 1 11 ow,forajormirelf; 11 . Su-&rev to William -n v • r • 11302 . ! y • , • r 1304 . rcel to Countv-Tax Pro tion to Tax CollerAor -lYe 6 -U05 . Oven 1 • ■ • • r • .Iret al . is NBC-it . •IKII)FAIIIIIIIINNE / � • —_ Viol MOWD Not, TQI�Kaj • 11 1 • t • 1 - � 1 1 1 1 • 11 All as • �i� — &pArMVw� . 1 : Prepared By : 8 , Barkett , Esq , Collins , Brown , at ale 756 Beachland Blvd , Vero Beach , FL 32963 772 / 231 - 4343 Parcel lDNumber: Pt . of 33 39 08 00005 1000 00001 . 0 Grantee # 1 TIN: Grantee #2 TIN: Quitclaim Deed This Quitclaim Deed, Made this ' � �� day of �� h Q . {' , 2 0 O 5 A.D. , Between Indian River County , Florida , a political subdivision of the State of Florida , of the County of Indian River , State of Florida , grantor, and Segovia Lakes LLC , a Florida limited liability company , whose address is: 2655 LeJeune Road , Suite 802 , Coral Gables , Florida 33134 of the County of , State of Florida , grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of - - - - - - - - - - - - - - - - - - - - - - - - TEN DOLLARS ( $` 10 ) - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DOLLARS , and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and quitclaimed to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Indian River State of Florida to wit: The West 150 feet of the East 306 feet of the South 265 feet of the North 1 / 2 of the Northeast 1 / 4 of the Northeast 1 / 4 of Section 8 , Township 33 South , Range 39 East , Indian River County , Florida . Subject to restrictions , reservations and easements of record , if any , and taxes subsequent to 2004 . To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantor, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, the grantor has hereunto set its hand , and sea] the day and year first above written. Signed, sealed and delivered in our presence : INDIAN RIVER C,QT.AMY ,�:;x. FLORIDA A Political ' "spub) lI ls:iorr of the State ofx`f it (7Ls • BY : (Seal) Printed e : tbe MJSSafla Witness P.O Aildiess` Y841 . 2" Street r ,!Ver;* Peach, F3erltla 32966 iF .? i ) / a Printed N e : Witness (Corporate Seal) STATE OF Florida COUNTY OF Indian River f � � f The foregoing instrument was acknowledged before me this day of 1 � f� r U � , 2 0 0 5 by as on behalf of Indian River County , Florida , a political stsbds. vision of the State of Florida , on its behalf , who personally known to me or who has produced a Florida driver ' s license as identification • "" ' Nancy K MossaR Printed N e : .: MY COMMISSION # DD179432 EXPIRES Notary Public March 24 2 7�E sic My Commission Expires :THRU TROY FAN MUOj Q FORM Wer Generated by 0 Dispiay Systems, lna, 2003 (863) 763-3333 Fom FLQCD-t DSI1101110' FLORIDA DEPARTMENT OF REVENUE PHOTOCOPIES OF DR-2 RETURN FOR TRANSFERS OF 1NIBREST IN REAL, PROPERTY THIS FORM NOT R. 07 ACCEPTABLE (PLEASE READ INSTRUCTIONS ON TILE BACK OF THIS FORM BEFORE COMPLETING) Use black ink, Enter numbers as shown below. If typing, enter numbers as shown below. 1. Parcell Identification Number XXXXXXXXXX (If Parcel ID not available XXXXXXXXXX please call County Property Appraiser's Office) —► Pt • of 33 39 08 0000 1000 0000 , sp 2. Mark (x) all Multi-parcel Transaction is a split Property was improved that apply 1 —� or cutout from with buildintimeg(s)transaction ? another parcel ? —� of salettransfer? t —+ X 3. Grantor (Seller): Indian River County , Florida , a political subdivision of the State of Florida , 4. Grantee (Buyer) : Segovia Lakes , LLC , a Florida limited liability company 2655 LeJeune Road , Suite 802 , Coral Gables , FL 33134 5. Date of Sale/Transfer Sale/Transfer Price 02 00 2005 Property 41 County Code Month Day Year (Round to the nearest dollar,) Located In (County Codes on Revers 6. Type of Document Contract/Agreement Other 7. Are any mortgages on thePr o for Deed PAY? If "Yes ", Warranty outstanding mortgage balance: YES X 1\ Deed X QuitClaim (Round to the nearest dollar.) Deed 8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer . such as : Forced sale by court order? Foreclosure pending? Distress Sale? Title Defects? Corrective Deed? Mineral rights? Sale of a partial or undivided interest? Related to seller by blood or marriage. YES X N 9. Was the sale/transfer financed? YES / X NO If "Yes ", please indicate type or types of financing: Conventional Seller Provided Agreement or Contract for Deed Other 10. Property Type : Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Acreage Timeshare Mark (x) all that appy X X 11. To the best of your knowledge, was personal property YESCents included in the sale/transfer? If " Yes " , please state the X NO amount attributable to the personal property. (Round to the nearest dollar.) 12. Amount of Documentary Stamp Tax 13. If no tax is due in number 12, is deed exempt from Documentary Stamp Tax under s . 201 .02(6) , Florida Statutes ? YES X Under penalties of perjury, I declare that I have read the foregoing return and that the facts stated in it are true. If prepared by someone other / NO Lthan the taxpayer, his/her declaration is based on all inftion of which he/her has any knowledge. Signature of Grantor or Grantee or Agent • S. Date / WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THS DEPARTNIENr OF REVENUE SHALL RESULT IN A PENALTY OF $25.00 IN ADDITION TO ANY OTHER PENALTY U"OSED BY THE REVENUE LAW OF FLORIDA. (To be completed by the Clerk of the Circuit Court's Office) Clerks Date Stamp ffO.R. Book and Page Number and File Number Date Recorded Month Day Year CORRECTION OF ERRORS TO : Collins , Brown, Caldwell , Barkett & Garavaglia , Chartered RE : Segovia Lakes LLC/Indian River County, Florida Dear Closing Agent : As an inducement to the Law Firm of Collins, Brown, Caldwell, Barkett , & Garavaglia, Chartered to act as Closing Agent in the above captioned transaction, the undersigned agree to the following: In the event any of the documents in the above captioned closing transaction misstate or inaccurately reflect the true and correct terms and provisions of the agreement with the lender and said misstatement or inaccuracy is due to unilateral mistake on the part of one of the parties , mutual mistake on the part of the all parties concerned or a clerical error , then in such event the undersigned shall upon request by Closing Agent , in order to correct such misstatement or inaccuracy, execute such new documents or initial such corrected original documents as the Closing Agent may deem necessary to remedy said inaccuracy or mistake . Further , if it is determined that any expense or credit per the loan agreement with lender; any or collection of homeowner association assessment dues or real estate taxes ; any collection of payoffs of outstanding mortgages, impact fees, utilities or assessment liens; any charge for recording fees, docume ntary and/or intangible tax charge or of her governmental charge , any collection of insurance premiums, or related charges , or surveys, is in error, the undersigned party responsible for payment thereof agrees to forward to the Closing Agent the correct amount due within thirty (30) days of the request . Executed this day of , 2005 . SEGOVIA LAKES LLC A Florida Limited Liability Company BY: PINE BAY HOLDINGS LLC A Florida Limited Liability Company BY: Pine Bay Developers LLC A Florida Limited Liability Company Bye David R. Garcia Bye .Enrique Aguerrevere Managing Members Executed this �Tr� day of 92005e INDIAN RIVER COUNTY, FLORIDA A Political Subd- ivis/ijon of the State of Florida BY: `- : 4- S . U�f Name/Title y'h0MaS Lmo-{-her- LFY,L- t_.Ir v37Ct. i �B6 rd of oon -kj f State of Florida County of The foregoing was acknowledged and subscribed before me , the undersigned authority, this day of , 2005 by David R . Garcia and Enrique Aguerrevere , as Managing Members of Pine Bay Developers LLC , a Florida limited liability. company, Managing Member of Pine Bay Holdings LLC , a Florida limited liability company, Managing Member of Segovia Lakes LLC , a Florida limited liability company, on its behalf, who are either: O personally known to me or O has/have produced a Florida Driver' s License as identification . (Notary Seal) Notary Public, State of Florida Printed Name : My Commission Expires . : My Commission No . : State of Florida County of Indian River County The foregoinj was acknowle ged and subscribed beforeme , the un ersigned authority, this day of , 2005 by h �� . LO ( 14hPr as ..601 rt2j (L _? ,PC. L on behalf of Indian River County , Florida , a political subdivision of the State of Florida , who is either : (v�personally known to me or ( ) has/have produced a Florida Driver's License as identification . (Notary Seal) PJ42 /1.L1 /� L �d J Notary Pub ' c, t to of Flo Printed Name : J') Ct,( . �'} 7! : �Ca /�I Na H. MOMN My Commission Expires . • nnrcoMMa!+ Di) 1 '}4.;xEms My Commission No . : � D f Cf March Yb, ZUO'r BOHM THRU TROY FAIN INSURA N F INC