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Home My WebLink About2009-035B �aoq_ p „33 � This instrument prepared by and returned to Sandra P . Stockwell , Counsel Division of State Lands 3900 Commonwealth Blvd . Mail Station 115 Tallahassee, FL 32399-3000 DEED OF CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EASEMENT is made this ot oa _ day 2009 by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address 1801 27T' ` Street, Vero Beach , Florida 32690 ( " Grantor" ) , in favor of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ( "Trustees " ), whose address is Florida Department of Environmental Protection ("DEP") , Division of State Lands, 3900 Commonwealth Blvd. , Mail Station 115 , Tallahassee , Florida 32399-3000 , ( "Grantee ") . The terms "Grantor " and "Grantee " shall include the singular and the plural, and the heirs, successors and assigns of Grantor and Grantee, and the provisions of this easement shall be binding upon and inure to the benefit of Grantor, Grantee and their heirs, successors and assigns. RECITALS A . Grantor is the sole owner in fee simple of certain real property in Indian River County , Florida, more particularly described in Exhibit A attached hereto and incorporated by reference (hereinafter, the "Property ") . B . Grantor and the Grantee mutually recognize the special character of the Property and have the common purpose of conserving certain values and character of the Property by conveyance to the Grantee of a perpetual conservation easement on, under, over, and across the Property , to conserve the character of the Property , continue certain land use patterns that do not significantly impair the character of the Property , and prohibit certain further development activity on the Property . C . The specific conservation values of the Property are documented in the "Baseline Inventory Report for the Golden Sands Park Conservation Easement Tract in Indian River County , Florida", dated November 2008 . ( 'Baseline Documentation "), which consists of reports, maps, photographs, and other documentation that the parties agree provide, collectively , an accurate representation of the Property at the time of this grant, and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant . The Baseline Documentation is maintained in the offices of the Florida Department of Environmental Protection and is incorporated by this reference . A copy of the Baseline Documentation is available from the Department on request. D . Grantee is an agency authorized under the provisions of § 704 . 06 , Florida Statutes , to hold conservation easements for the preservation and protection of land in its natural, scenic , historical, agricultural, forested, or open space condition . E . Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come . F . The fact that any use of the Property that is expressly prohibited by the terms of this Easement may become greatly more economically valuable than uses allowed by the terms of this Easement, or that neighboring BLA- 104 , Revised 01 /26/06 ENVIRONMENTAL AFFIDAVIT BEFORE ME , the undersigned authority personally appeared : Wesley S . Davis as Chairman of Board of County Commissioners Indian River County, Florida , a political subdivision of the State of Florida , (" Affiant" ) , who being by me first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County, Florida1 apolitical s ubdivision of the Stare nf Rtnrlda «« � � -- » > � _ � • --- - -- - STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged and subscribed before me , the undersigned authority , this %tom day of , 2009 , by e S e S Inc � s as (..Ik, 4 ri► ia .ti of Indian River Ceuu . 1 Florida, a po�littiical subdivision of t, e State of Florida, on its behalf, :vha is either : board ort- Chun ( rsonally known to me or as identification . Go •�• m : s s ; a � � ( ) has/have produced a _ g 4L� N me Printed : (Notary Seal ) Notary Public , State of FloridaL�AyPu4t, otary Public State of FlonoMyCommission No . : andra L Wright y Commission DD78273.;My Commission Expires : xpires 0&0312012 STATE OF FLORIDA COUNTY OF The foregoing was acknowledged before me , the undersigned authority , this day of , 20095 by as of Division of State Lands of the Florida Department of Protection „ on its behalf, as for the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, who is either : ( ) personally known to me or ( ) has/have produced a as identification . Name Printed : (Notary Seal) Notary Public , State of Florida My Commission No . : My Commission Expires : ENVIRONMENTAL AFFIDAVIT BEFORE ME , the undersigned authority personally appeared : Wesley S . Davis as Chairman of Board of County Commissioners Indian River County, Florida , a political subdivision of the State of Florida , (" Affiant" ) , who being by me first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County, Florida1 apolitical s ubdivision of the Stare nf Rtnrlda «« � � -- » > � _ � • --- - -- - STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged and subscribed before me , the undersigned authority , this %tom day of , 2009 , by e S e S Inc � s as (..Ik, 4 ri► ia .ti of Indian River Ceuu . 1 Florida, a po�littiical subdivision of t, e State of Florida, on its behalf, :vha is either : board ort- Chun ( rsonally known to me or as identification . Go •�• m : s s ; a � � ( ) has/have produced a _ g 4L� N me Printed : (Notary Seal ) Notary Public , State of FloridaL�AyPu4t, otary Public State of FlonoMyCommission No . : andra L Wright y Commission DD78273.;My Commission Expires : xpires 0&0312012 STATE OF FLORIDA COUNTY OF The foregoing was acknowledged before me , the undersigned authority , this day of , 20095 by as of Division of State Lands of the Florida Department of Protection „ on its behalf, as for the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, who is either : ( ) personally known to me or ( ) has/have produced a as identification . Name Printed : (Notary Seal) Notary Public , State of Florida My Commission No . : My Commission Expires : �aoq_ p „33 � This instrument prepared by and returned to Sandra P . Stockwell , Counsel Division of State Lands 3900 Commonwealth Blvd . Mail Station 115 Tallahassee, FL 32399-3000 DEED OF CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EASEMENT is made this ot oa _ day 2009 by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address 1801 27T' ` Street, Vero Beach , Florida 32690 ( " Grantor" ) , in favor of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ( "Trustees " ), whose address is Florida Department of Environmental Protection ("DEP") , Division of State Lands, 3900 Commonwealth Blvd. , Mail Station 115 , Tallahassee , Florida 32399-3000 , ( "Grantee ") . The terms "Grantor " and "Grantee " shall include the singular and the plural, and the heirs, successors and assigns of Grantor and Grantee, and the provisions of this easement shall be binding upon and inure to the benefit of Grantor, Grantee and their heirs, successors and assigns. RECITALS A . Grantor is the sole owner in fee simple of certain real property in Indian River County , Florida, more particularly described in Exhibit A attached hereto and incorporated by reference (hereinafter, the "Property ") . B . Grantor and the Grantee mutually recognize the special character of the Property and have the common purpose of conserving certain values and character of the Property by conveyance to the Grantee of a perpetual conservation easement on, under, over, and across the Property , to conserve the character of the Property , continue certain land use patterns that do not significantly impair the character of the Property , and prohibit certain further development activity on the Property . C . The specific conservation values of the Property are documented in the "Baseline Inventory Report for the Golden Sands Park Conservation Easement Tract in Indian River County , Florida", dated November 2008 . ( 'Baseline Documentation "), which consists of reports, maps, photographs, and other documentation that the parties agree provide, collectively , an accurate representation of the Property at the time of this grant, and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant . The Baseline Documentation is maintained in the offices of the Florida Department of Environmental Protection and is incorporated by this reference . A copy of the Baseline Documentation is available from the Department on request. D . Grantee is an agency authorized under the provisions of § 704 . 06 , Florida Statutes , to hold conservation easements for the preservation and protection of land in its natural, scenic , historical, agricultural, forested, or open space condition . E . Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come . F . The fact that any use of the Property that is expressly prohibited by the terms of this Easement may become greatly more economically valuable than uses allowed by the terms of this Easement, or that neighboring BLA- 104 , Revised 01 /26/06 provisions of this Easement and to require the restoration of or to restore such areas or features of the Property that may be damaged by any inconsistent activity or use , at Grantor ' s cost: . E . The right of ingress and egress to the Property . F . The right to have the ad valorem taxes , assessments and any other charges on the Property paid by Grantor . H . The right to be indemnified , subject to the limitations of state law , by Grantor for any and all liability , loss , damage , expense , judgment or claim ( including a claim for attorney fees) arising out of any negligent or willful action or activity resulting from the Grantor ' s use and ownership of or activities on the Property or the use of or activities of Grantor ' s agents , guests , lessees or invitees on the Property . I . The right to be indemnified by Grantor, subject to the limitations of state law , for any liability for injury or property damage to persons on the Property arising out of any condition of the Property known to the Grantor to the best of Grantor ' s knowledge . J . The right to have the Property maintained as reflected on the Baseline Documentation , as the Property may develop through the forces of nature hereafter, subject only to the exercise of Grantor ' s Reserved Rights , and the Rights Granted to the Grantee , as described in this Easement . ARTICLE IV . PROHIBITED USES The Property shall be maintained to preserve the Conservation Purposes of this Easement . Without limiting the generality of the foregoing Grantor agrees that the following uses and practices , though not an exhaustive recital of inconsistent uses and practices, are expressly prohibited or restricted : A . No soil , trash , liquid or solid waste ( including sludge) ;, or unsightly , offensive , or hazardous materials , wastes or substances , toxic wastes or substances , pollutants or contaminants , including, but not limited to , those as now or hereafter defined by federal or Florida law defining hazardous materials , wastes or substances , toxic wastes or substances , pollutants or contaminants shall be dumped or placed on the Property . This prohibition shall not be construed to include reasonable amounts of waste generated as a result of allowed activities . B . The exploration for and extraction of oil , gas , minerals , do lostone , peat, muck, marl , limestone , limerock , kaolin , fuller ' s earth , phosphate , common clays, gravel , shell , sand and similar substances either directly or indirectly by Grantor or on Grantor ' s behalf or with the joinder or consent of Grantor in any application for a permit so to do , under and by virtue of the authority of a grant or reservation or other form of ownership of or interest in or control over or right to such substances , except as reasonably necessary to combat erosion or flooding, or except as necessary and lawfully allowed for the conduct of allowed activities . C . Activities that will be detrimental to drainage , flood control , water conservation , erosion control , soil conservation, or fish and wildlife habitat preservation unless otherwise provided in this Easement . There shall be no dredging of new canals, construction of new dikes , manipulation of natural water courses , or disruption , alteration , pollution , depletion, or extraction on the Property of existing surface or subsurface water flow or natural water sources , fresh water lakes, ponds and pond shores , marshes , creeks or any other water bodies , nor any activities or uses conducted on the Property that would be detrimental to water purity or that could alter natural water level or flow in or over the Property . Provided, however, Grantor may continue to operate , maintain , or replace existing ground water wells incident to allowed uses on the Property , subject to legally required permits and regulations . D . Acts or uses detrimental to the preservation of the structural integrity or physical appearance of any portions of the Property having historical or archaeological significance . Grantor shall notify the Florida Department of Historical Resources or its successor ("FDHR") if historical , archaeological or cultural sites are discovered on the Property , and any sited deemed to be of historical or archaeological significance shall be afforded the same protections as significant sites known to exist at the time of entering into this easement . Grantor will follow the Best Management Practices of the Division of Historic Resources , as arnended from time to time . BLA - 104 , Revised 01 /26/ 06 3 chlorinated biphenyls , asbestos , hazardous or toxic substance , material or waste of any kind , or any other substance which is regulated by any Environmental law . 5 . As of the Closing Date , Affiant, on behalf of Seller, warrants I'and represents as to Buyer , its successors and assigns that to his knowledge : ( i) The Seller has not placed , or permitted to be placed , any Hazardous Materials on the Property , and , to the best of Affiant ' s knowledge , no other person or entity has placed , or permitted to be placed , any Hazardous Materials on the Property . ( ii) There does not exist on the Propertany condition or circumstance which requires or may , in the future , require cleanup , removal or other remedial action or other response under Environmental Laws on the part of the Seller , or a subsequent owner of all or any portion of the Property or which would subject the Seller, or a subsequent owner of all or an-y portion of the Property to liability , penalties , damages or injunctive relief. No underground treatment, buried , partially buried or above ground storage tanks , storage vessels , sumps , drums , containers , water, gas or oil wells , or landfills are or have ever been located on the Property . ( iv) Seller , nor any other person or entity that has owned , occupied or possessed the Property , has never violated , and Seller is presently in compliance with , all Environmental Laws applicable to the Property . (v) No warning notice , notice of violation , administrative complaint, judicial complaint or other formal or informal notice has been issued by any federal , state or local environmental agency alleging that conditions on the Property are in violation of any Environmental Law . (vi) Seller is not subject to any judgment, decree , order or citation related to or arising out of Environmental Laws , and Seller has not been named or listed as a potentially responsible party by any governmental body or agency in a matter arising under any Environmental Law . chlorinated biphenyls , asbestos , hazardous or toxic substance , material or waste of any kind , or any other substance which is regulated by any Environmental law . 5 . As of the Closing Date , Affiant, on behalf of Seller, warrants I'and represents as to Buyer , its successors and assigns that to his knowledge : ( i) The Seller has not placed , or permitted to be placed , any Hazardous Materials on the Property , and , to the best of Affiant ' s knowledge , no other person or entity has placed , or permitted to be placed , any Hazardous Materials on the Property . ( ii) There does not exist on the Propertany condition or circumstance which requires or may , in the future , require cleanup , removal or other remedial action or other response under Environmental Laws on the part of the Seller , or a subsequent owner of all or any portion of the Property or which would subject the Seller, or a subsequent owner of all or an-y portion of the Property to liability , penalties , damages or injunctive relief. No underground treatment, buried , partially buried or above ground storage tanks , storage vessels , sumps , drums , containers , water, gas or oil wells , or landfills are or have ever been located on the Property . ( iv) Seller , nor any other person or entity that has owned , occupied or possessed the Property , has never violated , and Seller is presently in compliance with , all Environmental Laws applicable to the Property . (v) No warning notice , notice of violation , administrative complaint, judicial complaint or other formal or informal notice has been issued by any federal , state or local environmental agency alleging that conditions on the Property are in violation of any Environmental Law . (vi) Seller is not subject to any judgment, decree , order or citation related to or arising out of Environmental Laws , and Seller has not been named or listed as a potentially responsible party by any governmental body or agency in a matter arising under any Environmental Law . provisions of this Easement and to require the restoration of or to restore such areas or features of the Property that may be damaged by any inconsistent activity or use , at Grantor ' s cost: . E . The right of ingress and egress to the Property . F . The right to have the ad valorem taxes , assessments and any other charges on the Property paid by Grantor . H . The right to be indemnified , subject to the limitations of state law , by Grantor for any and all liability , loss , damage , expense , judgment or claim ( including a claim for attorney fees) arising out of any negligent or willful action or activity resulting from the Grantor ' s use and ownership of or activities on the Property or the use of or activities of Grantor ' s agents , guests , lessees or invitees on the Property . I . The right to be indemnified by Grantor, subject to the limitations of state law , for any liability for injury or property damage to persons on the Property arising out of any condition of the Property known to the Grantor to the best of Grantor ' s knowledge . J . The right to have the Property maintained as reflected on the Baseline Documentation , as the Property may develop through the forces of nature hereafter, subject only to the exercise of Grantor ' s Reserved Rights , and the Rights Granted to the Grantee , as described in this Easement . ARTICLE IV . PROHIBITED USES The Property shall be maintained to preserve the Conservation Purposes of this Easement . Without limiting the generality of the foregoing Grantor agrees that the following uses and practices , though not an exhaustive recital of inconsistent uses and practices, are expressly prohibited or restricted : A . No soil , trash , liquid or solid waste ( including sludge) ;, or unsightly , offensive , or hazardous materials , wastes or substances , toxic wastes or substances , pollutants or contaminants , including, but not limited to , those as now or hereafter defined by federal or Florida law defining hazardous materials , wastes or substances , toxic wastes or substances , pollutants or contaminants shall be dumped or placed on the Property . This prohibition shall not be construed to include reasonable amounts of waste generated as a result of allowed activities . B . The exploration for and extraction of oil , gas , minerals , do lostone , peat, muck, marl , limestone , limerock , kaolin , fuller ' s earth , phosphate , common clays, gravel , shell , sand and similar substances either directly or indirectly by Grantor or on Grantor ' s behalf or with the joinder or consent of Grantor in any application for a permit so to do , under and by virtue of the authority of a grant or reservation or other form of ownership of or interest in or control over or right to such substances , except as reasonably necessary to combat erosion or flooding, or except as necessary and lawfully allowed for the conduct of allowed activities . C . Activities that will be detrimental to drainage , flood control , water conservation , erosion control , soil conservation, or fish and wildlife habitat preservation unless otherwise provided in this Easement . There shall be no dredging of new canals, construction of new dikes , manipulation of natural water courses , or disruption , alteration , pollution , depletion, or extraction on the Property of existing surface or subsurface water flow or natural water sources , fresh water lakes, ponds and pond shores , marshes , creeks or any other water bodies , nor any activities or uses conducted on the Property that would be detrimental to water purity or that could alter natural water level or flow in or over the Property . Provided, however, Grantor may continue to operate , maintain , or replace existing ground water wells incident to allowed uses on the Property , subject to legally required permits and regulations . D . Acts or uses detrimental to the preservation of the structural integrity or physical appearance of any portions of the Property having historical or archaeological significance . Grantor shall notify the Florida Department of Historical Resources or its successor ("FDHR") if historical , archaeological or cultural sites are discovered on the Property , and any sited deemed to be of historical or archaeological significance shall be afforded the same protections as significant sites known to exist at the time of entering into this easement . Grantor will follow the Best Management Practices of the Division of Historic Resources , as arnended from time to time . BLA - 104 , Revised 01 /26/ 06 3 and lower in priority than this Easement . D . The right to contest tax appraisals , assessments , taxes and other charges on the Property . E . The right to construct , maintain and remove trails , recreational structures , walkovers , and other improvements consistent with the operation of a county park on the Property . ARTICLE Vl . GRANTEE ' S REMEDIES A . Remedies . If Grantee determines that Grantor is in violation of the terms of this Easement or that a violation is threatened , Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and , where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the Property so injured . If Grantor fails to cure the violation within thirty ( 30) days after receipt of notice thereof from Grantee , or under circumstances where the violation cannot reasonably be cured within a 30-day period, fails to begin curing such violation within the 30- day period , or fails to continue diligently to cure such violation until finally cured , Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation , ex parte as necessary , by temporary or permanent injunction , to recover any damages to which it may be entitled for violation of the terms of this Easement or injury to any conservation values protected by this Easement, including damages for the loss of scenic , aesthetic , or environmental values , and to require the restoration of the Property to the condition that existed prior to any such injury . Without limiting Grantor' s liability therefor, Grantee , in its sole discretion , may apply any damages recovered to the cost of undertaking any corrective action on the Property . If Grantee , in its sole discretion , determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property , Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire . Grantee's rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Easement, and Grantor agrees that Grantee ' s remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph , both prohibitive and mandatory , in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies . Grantee' s remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity . B . Grantee ' s Discretion . Enforcement of the terms of this Easement shall be at the discretion of Grantee , and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee' s rights under this Easement . No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver . C . Waiver of Certain Defenses . Grantor hereby waives any defense of estoppel , adverse possession or prescription . D . Acts Beyond Grantor ' s Control . Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor ' s control , including, without limitation, fire , flood, storm , and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate , or mitigate significant injury to the Property resulting from such causes . E . Hold Harmless . To the extent permitted by Florida Statutes section 728 . 68 , and other applicable Florida law , Grantor shall hold harmless , indemnify , and defend Grantee and its members , directors , officers , employees , agents , and contractors and the heirs , personal representatives , successors, and assigns of each of them (collectively " Indemnified Parties " ) from and against all liabilities , penalties , costs, losses , damages , expenses , BLA - 104 , Revised 01 /26/06 5 6 . That Affiant makes this Affidavit for the purposes of inducing Buyer to purchase the Property, and Affiant acknowledges that Purchaser will rely upon the representations and warranties set forth in this Affidavit . Dated thisyZa of 2009 . Affiant : (_/"� -- - Address : i801 ? 7th street Vero Beach , FL 32960 STATE OF FLORIDA COUNTY OF 1n � i0. I1 � jyeYr Sworn to and subscribed before me this _ as day of , 2009 by Wes -c y � . l� a� ✓rs as C � a � r r) of W76 60ar / 0 -c COI.( n '1'�/ COmmr SSiDne �s 0+ d Indian River County , Florida, a political subdivision of the State of Florida, on its behalf, who is either : ( V personally known tome OR ( ) produced a driver ' s license as identification . 77 Name Printed : Sa ndv�a � r,�J Itit APPROVED AS TO FORM Notary Public , State of Florida at Large ff Go My Commission Expires : BYKIL _. . _ _ ... EBRAAL DEPUTY COUNTY ATTORNEY My Commission No . : 2a Notary Public State of Florida • ® Sandra L Wright a 4je �o MY Commission DD782733 oF r.o Expires 06 /03/2012 6 . That Affiant makes this Affidavit for the purposes of inducing Buyer to purchase the Property, and Affiant acknowledges that Purchaser will rely upon the representations and warranties set forth in this Affidavit . Dated thisyZa of 2009 . Affiant : (_/"� -- - Address : i801 ? 7th street Vero Beach , FL 32960 STATE OF FLORIDA COUNTY OF 1n � i0. I1 � jyeYr Sworn to and subscribed before me this _ as day of , 2009 by Wes -c y � . l� a� ✓rs as C � a � r r) of W76 60ar / 0 -c COI.( n '1'�/ COmmr SSiDne �s 0+ d Indian River County , Florida, a political subdivision of the State of Florida, on its behalf, who is either : ( V personally known tome OR ( ) produced a driver ' s license as identification . 77 Name Printed : Sa ndv�a � r,�J Itit APPROVED AS TO FORM Notary Public , State of Florida at Large ff Go My Commission Expires : BYKIL _. . _ _ ... EBRAAL DEPUTY COUNTY ATTORNEY My Commission No . : 2a Notary Public State of Florida • ® Sandra L Wright a 4je �o MY Commission DD782733 oF r.o Expires 06 /03/2012 and lower in priority than this Easement . D . The right to contest tax appraisals , assessments , taxes and other charges on the Property . E . The right to construct , maintain and remove trails , recreational structures , walkovers , and other improvements consistent with the operation of a county park on the Property . ARTICLE Vl . GRANTEE ' S REMEDIES A . Remedies . If Grantee determines that Grantor is in violation of the terms of this Easement or that a violation is threatened , Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and , where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the Property so injured . If Grantor fails to cure the violation within thirty ( 30) days after receipt of notice thereof from Grantee , or under circumstances where the violation cannot reasonably be cured within a 30-day period, fails to begin curing such violation within the 30- day period , or fails to continue diligently to cure such violation until finally cured , Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation , ex parte as necessary , by temporary or permanent injunction , to recover any damages to which it may be entitled for violation of the terms of this Easement or injury to any conservation values protected by this Easement, including damages for the loss of scenic , aesthetic , or environmental values , and to require the restoration of the Property to the condition that existed prior to any such injury . Without limiting Grantor' s liability therefor, Grantee , in its sole discretion , may apply any damages recovered to the cost of undertaking any corrective action on the Property . If Grantee , in its sole discretion , determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property , Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire . Grantee's rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Easement, and Grantor agrees that Grantee ' s remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph , both prohibitive and mandatory , in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies . Grantee' s remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity . B . Grantee ' s Discretion . Enforcement of the terms of this Easement shall be at the discretion of Grantee , and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee' s rights under this Easement . No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver . C . Waiver of Certain Defenses . Grantor hereby waives any defense of estoppel , adverse possession or prescription . D . Acts Beyond Grantor ' s Control . Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor ' s control , including, without limitation, fire , flood, storm , and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate , or mitigate significant injury to the Property resulting from such causes . E . Hold Harmless . To the extent permitted by Florida Statutes section 728 . 68 , and other applicable Florida law , Grantor shall hold harmless , indemnify , and defend Grantee and its members , directors , officers , employees , agents , and contractors and the heirs , personal representatives , successors, and assigns of each of them (collectively " Indemnified Parties " ) from and against all liabilities , penalties , costs, losses , damages , expenses , BLA - 104 , Revised 01 /26/06 5 G . Subsequent Transfers . Grantor agrees to incorporate the terms of this Easement in any deed or other legal instrument by which Grantor divests any interest in all or a portion of the Property , including , without limitation , a leasehold interest . Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer . The failure of Grantor to perform any act required by this paragraph shall not impair the validity or priority of this Easement or limit its enforceability in any way . H . Notices . Any notice , demand, request, consent, approval , or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail , postage prepaid, addressed to the parties as set forth above , or to such other addresses such party may establish in writing to the other. I . Recordation . Grantee shall record this instrument and any amendments in timely fashion in the official records of Indian River County , Florida , and may re-record it at any time as may be required to preserve its rights in this Easement . J . Non -Homestead Certification . Grantor hereby certifies that if a Grantor who is married signs this Easement without the joinder of his or her spouse, the Property is neither the homestead of Grantor nor the primary physical residence of Grantor, nor is the Property contiguous to the homestead or primary physical residence of Grantor . K . Amendments . The terms and provisions of this Easement may be amended by the mutual consent of the parties hereto . No amendment shall be effective until executed with the formality of a deed and recorded in the public records . L . Controlling Law . The laws of the State of Florida shall govern the interpretation and performance of this Easement . M . Liberal Construction . Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of § 704 . 06 , Florida Statutes . If any provision in this instniment is found to be ambiguous , an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid . N . Severability . If any provision of this Easement , or the application thereof to any person or circumstance , is found to be invalid , the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid , as the case may be, shall not be affected thereby . O . No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor ' s title in any respect. P . Joint Obligation . The obligations imposed by this Easement upon Grantor shall be joint and several . Q . Successors . The covenants, terms , conditions , and restrictions of this Easement shall be binding upon , and inure to the benefit of, the parties hereto and their respective personal representatives , heirs , successors , and assigns and shall continue as a servitude running in perpetuity with the Property . R. Termination of Rights and Obligations . A pasty' s rights and obligations under this Easement terminate upon transfer of the party' s interest in the Easement or Property , except that liability for acts or omissions occurring prior to transfer shall survive transfer . S . Captions . The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation . BLAA04 , Revised 01 /26/06 7 Exhibit " A " Legal Description Exhibit " A " Legal Description G . Subsequent Transfers . Grantor agrees to incorporate the terms of this Easement in any deed or other legal instrument by which Grantor divests any interest in all or a portion of the Property , including , without limitation , a leasehold interest . Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer . The failure of Grantor to perform any act required by this paragraph shall not impair the validity or priority of this Easement or limit its enforceability in any way . H . Notices . Any notice , demand, request, consent, approval , or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail , postage prepaid, addressed to the parties as set forth above , or to such other addresses such party may establish in writing to the other. I . Recordation . Grantee shall record this instrument and any amendments in timely fashion in the official records of Indian River County , Florida , and may re-record it at any time as may be required to preserve its rights in this Easement . J . Non -Homestead Certification . Grantor hereby certifies that if a Grantor who is married signs this Easement without the joinder of his or her spouse, the Property is neither the homestead of Grantor nor the primary physical residence of Grantor, nor is the Property contiguous to the homestead or primary physical residence of Grantor . K . Amendments . The terms and provisions of this Easement may be amended by the mutual consent of the parties hereto . No amendment shall be effective until executed with the formality of a deed and recorded in the public records . L . Controlling Law . The laws of the State of Florida shall govern the interpretation and performance of this Easement . M . Liberal Construction . Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of § 704 . 06 , Florida Statutes . If any provision in this instniment is found to be ambiguous , an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid . N . Severability . If any provision of this Easement , or the application thereof to any person or circumstance , is found to be invalid , the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid , as the case may be, shall not be affected thereby . O . No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor ' s title in any respect. P . Joint Obligation . The obligations imposed by this Easement upon Grantor shall be joint and several . Q . Successors . The covenants, terms , conditions , and restrictions of this Easement shall be binding upon , and inure to the benefit of, the parties hereto and their respective personal representatives , heirs , successors , and assigns and shall continue as a servitude running in perpetuity with the Property . R. Termination of Rights and Obligations . A pasty' s rights and obligations under this Easement terminate upon transfer of the party' s interest in the Easement or Property , except that liability for acts or omissions occurring prior to transfer shall survive transfer . S . Captions . The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation . BLAA04 , Revised 01 /26/06 7 Exhibit " A " A parcel of land lying and being in Section 14 , Township 31 South , Range 39 East , Tallahassee base meridian , Indian River County , Florida , being more particularly described as follows : COMMENCING at the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East , Indian River County Florida ; thence , bearing North 89 ° 45 ' 10 " East, along the south line of said Government Lot 2 , a distance of 865 . 92 feet to the easterly Right of Way line of State Road AAA , as shown on Florida Department of Transportation Right of way Map Section No . 88070 -2102 , dated 10/21 /57 ; thence , bearing South 24° 24 ' 50 " East , along said Right of Way line , a distance of 536 . 98 feet to the POINT OF BEGINNING of the herein described parcel of land ; thence , leaving said Right of Way line , bearing North 89° 2335 " East, a distance of 602 . 10 feet to a point on the Mean High Water . Line of the Atlantic Ocean (Department of Environmental Protection Mean High Water Survey File Number 3646 dated 5 /21 /05 ) ; thence , bearing South 24 ° 21 ' 26 " East, along said Mean High Water Line , a distance of 54 . 63 feet to a point ; thence , leaving said mean High Water Line, bearing South 89 ' 23 ' 35 " West, a distance of 602 . 04 feet to the said easterly Right of Way line of State Road A - I - A , thence , bearing North 24 ° 24' 50 " West along said Right of Way line , a distance of 54 . 65 feet to the POINT OF BEGINNING " BSM APPROVED By SK DATE " 70 09 Golden Sands Park/ Indian River County Parcel E Conservation Easement Indian River County . \Jul . . 1 �.. .. _ I LEGAL DESCRIPTION PROJECT: 86901 .0 ; �� BA S KERV i LL E - DRAWING DATE 4/20/07 DONOVAN , INC . SECTION: 14 INNOVATIVE INFRASTRUCTURE SOLUTIONS 7175 MURREU ROADe TOWNSHIP: 31 Na MMUR , n " B " )�NQU (3211x51-31183 Windsor BIr ; %NGINRRRDiC BIISDIIS55: ID3-00003411 RANGE: SOUTH 39 EAST A parcel cf Ici': d lying and . being in Section 14 , Township 31 South , Range 39 East , Tcllohassee base meridian , Indian River County , Florida , being more particularly described as follows : . Commencing at the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East , Indian River County Florida ; Thence , bearing North 89' 45 ' 10 " East , along the south line of said Government lot 2 , a distance of 865 . 92 feet to a point on the easterly Right of Way line of State Rood A- 1 —A, as shown on Florida Department of Transportation Right of way Map Section No . 88070 - 2102 , dated 10/ 21 / 57 ; Thence , bearing North 24' 24 ' 50 " West, along said Right of Way line , a distance of 419 . 51 feet to the Point of Beginning of the herein described parcel of land ; Thence , bearing North 24' 24 ' 50 " West , along said Right of Way line , a distance of 608 . 31 feet to a point ; Thence , leaving said Right of Way line of State Rood A- 1 —A, bearing North 89' 45109 " East a distance of 577 . 55 Feet to a point on the Mean High Water Line of the Atlantic Ocean ; Thence , bearing South 26' 18 ' 47 " East , along said Mean High Water Line , a distance of 98 . 03 feet to a point ; Thence , bearing South 28025 ' 11 " East , along said Mean High Water line , a distance of 441 . 87 feet to o point; Thence , bearing South 22031 ' 33 " East, along said Mean High Water line , a distance of 83 . 66 feet to a point ; Thence , leaving said Mean High Water Line , bearing South 89' 45 ' 09 " West , a distance of 611 . 92 feet to a point on the aforesaid easterly Right of Way line of State Road A- 1 —A, and the point being the Point of Beginning . The above described parcel of land contains an area of 331 , 451 square feet or 7 .609 acres , more or less . Subject to any and all easements and conditions as contained within the chain of title . GENERAL NOTES : 6. THE HORIZONTAL COORDINATE SYSTEM AND BEARINGS 1 , NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE BEEN LOCATED EXCEPT THOSE SHOWN HEREON, COORDINATE SYSTEM, EAST ZONE„ NORTH AMERICAN DATUM OF 19830 1990 ADJUSTMENT. THE CONTROL MONUMENTS 2. BASKERVILLE —DONOVAN . INC. CERTIFICATE OF UTILIZED TO ESTABLISH THIS SURVEY WERE FLORIDA AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS DEPARTMENT OF TRANSPORTATION REFERENCE MONUMENT LEGEND L00340 88-78—A10 HAVING A COORDINATE VALUE OF NORTHING: 1 , 255,223.229 AND AN EASTING OF 847,006.325 AND POC=POINT OF COMMENCEMENT 3, THIS DRAWING NOT VAUD WITHOUT THE SIGNATURE AND MONUMENT BB-7B—A11 HAVING A COORDINATE VALUE OF POB= POINT OF BEGINNING ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR Ac NORTHING: 1 ,251 ,561 .215 AND EASTING: 848, 668.737 NAD R W=RIGHT OF WAY MAPPER. 83/900 SAID VALUES WERE CONVERTED FROM NAD 27 COORDINATE DATUM AS LISTED ON THE PLAT OF INDIAN PB= PLAT BOOK 4. THE INFORMATION USED FOR THE GREATTON OF THIS RIVER COUNTY COASTAL CONSTRUCTION CONTROL UNE, PLAT PG = PAGE SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY BOOK 12, PACE 32, PUBLIC RECORDS OF INDIAN RIVER NGVD29 = NATIONAL GEODETIC VERTICAL BASKERVILLE DONOVAN PROJECT NO 86901 .01 AND A COUNTY, FLORIDA. BOUNDARY SURVEY BY KIMLEY—HORN AND ASSOCIATES, DATUM OF 1929 PROJECT NO 047013006 DATED 07- 14-04 7a THE BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE. COORDINATE SYSTEM, EAST ZONE, 5, NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, NORTH AMERICAN ,DATUM , F 3,1990 ADJUSTMENT, AS RIGHTS—OF— WAY ANO/OR OWNERSHIP WERE FURNISHED THIS REFERENCED gBOVE (��Te�O�'�Lt'Y LINE FOR SURVEYOR EXCEPT AS SHOWN HEREON, A-1 —A BEARS NOR 4.� y REVISIONS the legal 118311 pD !. h • egan d in 7n Ii F� .ilJr- Ue M nimum CHECKED BY: KS Technical Sto rds a4e to trl . F ridp Board of feniond Sunreyon N0. BY DESCRIPTION DATE and Moppe .p . . �61G1 Fl fcltraliva .Co ' punuanl to SecDon SCALE: N/A 27 Slat d text of my kngrle�Itr 4 belief. NOT VALID WITHOUT 7HE .rr ' ; R' Yr, SIGNATURE AND THE ORIGINAL F.B. PAGE RAISED SEAL OF A FLORIDA . LICENSED SURVEYOR DRAWN BY: KS tiv P7 SHEET: 1 OF 2 ; 5" 1 : . �R . \Jul . . 1 �.. .. _ I LEGAL DESCRIPTION PROJECT: 86901 .0 ; �� BA S KERV i LL E - DRAWING DATE 4/20/07 DONOVAN , INC . SECTION: 14 INNOVATIVE INFRASTRUCTURE SOLUTIONS 7175 MURREU ROADe TOWNSHIP: 31 Na MMUR , n " B " )�NQU (3211x51-31183 Windsor BIr ; %NGINRRRDiC BIISDIIS55: ID3-00003411 RANGE: SOUTH 39 EAST A parcel cf Ici': d lying and . being in Section 14 , Township 31 South , Range 39 East , Tcllohassee base meridian , Indian River County , Florida , being more particularly described as follows : . Commencing at the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East , Indian River County Florida ; Thence , bearing North 89' 45 ' 10 " East , along the south line of said Government lot 2 , a distance of 865 . 92 feet to a point on the easterly Right of Way line of State Rood A- 1 —A, as shown on Florida Department of Transportation Right of way Map Section No . 88070 - 2102 , dated 10/ 21 / 57 ; Thence , bearing North 24' 24 ' 50 " West, along said Right of Way line , a distance of 419 . 51 feet to the Point of Beginning of the herein described parcel of land ; Thence , bearing North 24' 24 ' 50 " West , along said Right of Way line , a distance of 608 . 31 feet to a point ; Thence , leaving said Right of Way line of State Rood A- 1 —A, bearing North 89' 45109 " East a distance of 577 . 55 Feet to a point on the Mean High Water Line of the Atlantic Ocean ; Thence , bearing South 26' 18 ' 47 " East , along said Mean High Water Line , a distance of 98 . 03 feet to a point ; Thence , bearing South 28025 ' 11 " East , along said Mean High Water line , a distance of 441 . 87 feet to o point; Thence , bearing South 22031 ' 33 " East, along said Mean High Water line , a distance of 83 . 66 feet to a point ; Thence , leaving said Mean High Water Line , bearing South 89' 45 ' 09 " West , a distance of 611 . 92 feet to a point on the aforesaid easterly Right of Way line of State Road A- 1 —A, and the point being the Point of Beginning . The above described parcel of land contains an area of 331 , 451 square feet or 7 .609 acres , more or less . Subject to any and all easements and conditions as contained within the chain of title . GENERAL NOTES : 6. THE HORIZONTAL COORDINATE SYSTEM AND BEARINGS 1 , NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE BEEN LOCATED EXCEPT THOSE SHOWN HEREON, COORDINATE SYSTEM, EAST ZONE„ NORTH AMERICAN DATUM OF 19830 1990 ADJUSTMENT. THE CONTROL MONUMENTS 2. BASKERVILLE —DONOVAN . INC. CERTIFICATE OF UTILIZED TO ESTABLISH THIS SURVEY WERE FLORIDA AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS DEPARTMENT OF TRANSPORTATION REFERENCE MONUMENT LEGEND L00340 88-78—A10 HAVING A COORDINATE VALUE OF NORTHING: 1 , 255,223.229 AND AN EASTING OF 847,006.325 AND POC=POINT OF COMMENCEMENT 3, THIS DRAWING NOT VAUD WITHOUT THE SIGNATURE AND MONUMENT BB-7B—A11 HAVING A COORDINATE VALUE OF POB= POINT OF BEGINNING ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR Ac NORTHING: 1 ,251 ,561 .215 AND EASTING: 848, 668.737 NAD R W=RIGHT OF WAY MAPPER. 83/900 SAID VALUES WERE CONVERTED FROM NAD 27 COORDINATE DATUM AS LISTED ON THE PLAT OF INDIAN PB= PLAT BOOK 4. THE INFORMATION USED FOR THE GREATTON OF THIS RIVER COUNTY COASTAL CONSTRUCTION CONTROL UNE, PLAT PG = PAGE SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY BOOK 12, PACE 32, PUBLIC RECORDS OF INDIAN RIVER NGVD29 = NATIONAL GEODETIC VERTICAL BASKERVILLE DONOVAN PROJECT NO 86901 .01 AND A COUNTY, FLORIDA. BOUNDARY SURVEY BY KIMLEY—HORN AND ASSOCIATES, DATUM OF 1929 PROJECT NO 047013006 DATED 07- 14-04 7a THE BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE. COORDINATE SYSTEM, EAST ZONE, 5, NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, NORTH AMERICAN ,DATUM , F 3,1990 ADJUSTMENT, AS RIGHTS—OF— WAY ANO/OR OWNERSHIP WERE FURNISHED THIS REFERENCED gBOVE (��Te�O�'�Lt'Y LINE FOR SURVEYOR EXCEPT AS SHOWN HEREON, A-1 —A BEARS NOR 4.� y REVISIONS the legal 118311 pD !. h • egan d in 7n Ii F� .ilJr- Ue M nimum CHECKED BY: KS Technical Sto rds a4e to trl . F ridp Board of feniond Sunreyon N0. BY DESCRIPTION DATE and Moppe .p . . �61G1 Fl fcltraliva .Co ' punuanl to SecDon SCALE: N/A 27 Slat d text of my kngrle�Itr 4 belief. NOT VALID WITHOUT 7HE .rr ' ; R' Yr, SIGNATURE AND THE ORIGINAL F.B. PAGE RAISED SEAL OF A FLORIDA . LICENSED SURVEYOR DRAWN BY: KS tiv P7 SHEET: 1 OF 2 ; 5" 1 : . �R Exhibit " A " A parcel of land lying and being in Section 14 , Township 31 South , Range 39 East , Tallahassee base meridian , Indian River County , Florida , being more particularly described as follows : COMMENCING at the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East , Indian River County Florida ; thence , bearing North 89 ° 45 ' 10 " East, along the south line of said Government Lot 2 , a distance of 865 . 92 feet to the easterly Right of Way line of State Road AAA , as shown on Florida Department of Transportation Right of way Map Section No . 88070 -2102 , dated 10/21 /57 ; thence , bearing South 24° 24 ' 50 " East , along said Right of Way line , a distance of 536 . 98 feet to the POINT OF BEGINNING of the herein described parcel of land ; thence , leaving said Right of Way line , bearing North 89° 2335 " East, a distance of 602 . 10 feet to a point on the Mean High Water . Line of the Atlantic Ocean (Department of Environmental Protection Mean High Water Survey File Number 3646 dated 5 /21 /05 ) ; thence , bearing South 24 ° 21 ' 26 " East, along said Mean High Water Line , a distance of 54 . 63 feet to a point ; thence , leaving said mean High Water Line, bearing South 89 ' 23 ' 35 " West, a distance of 602 . 04 feet to the said easterly Right of Way line of State Road A - I - A , thence , bearing North 24 ° 24' 50 " West along said Right of Way line , a distance of 54 . 65 feet to the POINT OF BEGINNING " BSM APPROVED By SK DATE " 70 09 Golden Sands Park/ Indian River County Parcel E Conservation Easement Indian River County SU . SE i\ � � � � ' . � ' ''. nor; , ' � i _ ? I�I _ r � _ rC� z - C :` , : n, 5f S K E T C H P� E .T ae c 01 IIBASKERVILLEm ;iEL': 5JTi DdTE NCT A = CRb " E " DOj ! WINDSORE �Cre - . TOVATFJE I_�iFRASTRJCTURE SCLL TIOVS TO ACCC �tPANY LEGAL CiSCRIPT ! C !•i 'CINNIEHP : 31 7175 yfMELL ROAD �L30LF,Ng, a 32n40 021 � 254 - 0883 NGT SUR `/ _ Y NGT TC SCALE ENGWEVRNG 3L5CrEss as — To00q=0 ?ar�C =: SGUiH ;9 EAS GOLDEN SAIIO FeiHK It \ \\ NORTr! y \ \ \ �, • NOT TO SCALE SOUTH LINE \ v GOVERNMENT LOT 2 ` _ v N89 ' 45' 10 '1 865 . 92' NORTH LINE GOVERNMENT LOT J \ \ m o P. 0. C. z 0 O N f SOU TN WEST CORNER a � r^ GOVERNMENT LOT 2 \ 1 p v a c 2 s i " oy 4 � L \�3�1 � � '"v y c^ - 7Z. 2 py �ul C� Cl pp r � ��0 9 `q NORTH 1/2 OF THE NORTH 1/2 0 02 p OF GOVERNMENT LOT 3 y a r opm SOUTH 1 /2 OF THE NORTH 1/2 Po a a opy''pLP o �, N OF GOVERNMENT IAT 3CP a�oo Lr EXHIBIT C _ 'moo 602. 1 OV s N89'23035 " E � A D Cj Zp r EXHIBIT E 50 ' EASEMENT 9y\ v T 30 , 104 SQ. FT. 0 . 69E Acres s L S89 '23' 35 " W 602.04' �c �i EXHIBIT D 601 . 90' SOUTH UNE OF THE NORTH 1 /2 OF GOVERNMENT LOT 3 OT PLA EF11 D R[51OMO�G ISP �EPPNOT �Y SANDERLING FH0 SUBDIVISION \ PB 11 , PG 91 CHECKED BY: KS REVISIONS SCALE: NOT TO SCALE WtMo E.B. PACE DRAWN BY: KS SHEET: 2 OF I IN WITNESS WHEREOF, the said Party of the First Part has caused these presents to be executed in its name and by its Board of County Commissioners, acting by the Chairman or Vice Chairman of said Board , the day and year aforesaid . ATTEST : JEFFREY K . BARTON Clerk of Court INDIAN RIVER COUNTY , FLORIDA A political subdivision of the State of Florida By : z � ; ts d oiCoun T C rt�missioners a, I Name Printed : /v1 A L/, Z £ rAl dII BY : �9� Name rinte Wesiey S . Davis Deputy Clerk of Circuit Court Title : Chairman Address : 18011 Street Approved as to fo d / Vero Beach , FL 32960 lort � l oirP irianrv • t ,IA BCC aDDroved : NbvAlf pr 7 2006 P:\survey\86901 .01 \dwg\TITLE TRAN51- LK LA lU - IJ . uo . awg , ue� PROJECT: 06901 .01 SK " iCH wBASKERVILLE - DRAWING DATE: 4/ 20/07 DONOVANI INFO SECTION: 14 INNOVATIVE INFIaaSTaUCTURE SOLUTIONS TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 7176 YURRIv. R(1ID NOT TO SCALE AGE: SOUTH 39 EAST WIWURX�, n 32wa (321)254-3663 NOT A SURVEY liiiiiiiiii will %NGM%HRRiG 3USIN%55: 38-7000340 OCEAN BLUFF SUB01I115ION \ PB 12 PG 54 EXHIBIT A S89 ' 45 ' 09 " W 577 . 55 ' J, NOT TO SCALE SOUTH LINE OF THE NORTH 400' OF GOVERNMENT LOT 2do NORTH LINE OF THE SOUTH 200 ' OF THE cp.� NORTH 600' OF GOVERNMENT LOT 2 O� - 7/ 7 S ON 00. ro �. �1 o �N Z roof s�I 0 EXHIBIT B v3316451 SQ FT OR 7. 609 ACREStcp m % v s� o in N o 0 . 13. EXHIBIT .E3 ` ISO —1 0 !. S89545 ' 09 " W 611 . 92 � m �. `ro_ z r Q� m SOUTHWEST CORNER L GOVERNMENT LOT 2 \ P. 0 . C. \ N89 '45' 10" E 865 . 92 ' SOUTH LINE GOVERNMENT LOT 2 CHECKED BY: KS REVISIONS Ste: NOT TO SCALE N0, BY DESCRIPTION DATE F.B. PAGE DRAWN BY: KS SHEET: 2 OF 2 P:\survey\86901 .01 \dwg\TITLE TRAN51- LK LA lU - IJ . uo . awg , ue� PROJECT: 06901 .01 SK " iCH wBASKERVILLE - DRAWING DATE: 4/ 20/07 DONOVANI INFO SECTION: 14 INNOVATIVE INFIaaSTaUCTURE SOLUTIONS TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 7176 YURRIv. R(1ID NOT TO SCALE AGE: SOUTH 39 EAST WIWURX�, n 32wa (321)254-3663 NOT A SURVEY liiiiiiiiii will %NGM%HRRiG 3USIN%55: 38-7000340 OCEAN BLUFF SUB01I115ION \ PB 12 PG 54 EXHIBIT A S89 ' 45 ' 09 " W 577 . 55 ' J, NOT TO SCALE SOUTH LINE OF THE NORTH 400' OF GOVERNMENT LOT 2do NORTH LINE OF THE SOUTH 200 ' OF THE cp.� NORTH 600' OF GOVERNMENT LOT 2 O� - 7/ 7 S ON 00. ro �. �1 o �N Z roof s�I 0 EXHIBIT B v3316451 SQ FT OR 7. 609 ACREStcp m % v s� o in N o 0 . 13. EXHIBIT .E3 ` ISO —1 0 !. S89545 ' 09 " W 611 . 92 � m �. `ro_ z r Q� m SOUTHWEST CORNER L GOVERNMENT LOT 2 \ P. 0 . C. \ N89 '45' 10" E 865 . 92 ' SOUTH LINE GOVERNMENT LOT 2 CHECKED BY: KS REVISIONS Ste: NOT TO SCALE N0, BY DESCRIPTION DATE F.B. PAGE DRAWN BY: KS SHEET: 2 OF 2 SU . SE i\ � � � � ' . � ' ''. nor; , ' � i _ ? I�I _ r � _ rC� z - C :` , : n, 5f S K E T C H P� E .T ae c 01 IIBASKERVILLEm ;iEL': 5JTi DdTE NCT A = CRb " E " DOj ! WINDSORE �Cre - . TOVATFJE I_�iFRASTRJCTURE SCLL TIOVS TO ACCC �tPANY LEGAL CiSCRIPT ! C !•i 'CINNIEHP : 31 7175 yfMELL ROAD �L30LF,Ng, a 32n40 021 � 254 - 0883 NGT SUR `/ _ Y NGT TC SCALE ENGWEVRNG 3L5CrEss as — To00q=0 ?ar�C =: SGUiH ;9 EAS GOLDEN SAIIO FeiHK It \ \\ NORTr! y \ \ \ �, • NOT TO SCALE SOUTH LINE \ v GOVERNMENT LOT 2 ` _ v N89 ' 45' 10 '1 865 . 92' NORTH LINE GOVERNMENT LOT J \ \ m o P. 0. C. z 0 O N f SOU TN WEST CORNER a � r^ GOVERNMENT LOT 2 \ 1 p v a c 2 s i " oy 4 � L \�3�1 � � '"v y c^ - 7Z. 2 py �ul C� Cl pp r � ��0 9 `q NORTH 1/2 OF THE NORTH 1/2 0 02 p OF GOVERNMENT LOT 3 y a r opm SOUTH 1 /2 OF THE NORTH 1/2 Po a a opy''pLP o �, N OF GOVERNMENT IAT 3CP a�oo Lr EXHIBIT C _ 'moo 602. 1 OV s N89'23035 " E � A D Cj Zp r EXHIBIT E 50 ' EASEMENT 9y\ v T 30 , 104 SQ. FT. 0 . 69E Acres s L S89 '23' 35 " W 602.04' �c �i EXHIBIT D 601 . 90' SOUTH UNE OF THE NORTH 1 /2 OF GOVERNMENT LOT 3 OT PLA EF11 D R[51OMO�G ISP �EPPNOT �Y SANDERLING FH0 SUBDIVISION \ PB 11 , PG 91 CHECKED BY: KS REVISIONS SCALE: NOT TO SCALE WtMo E.B. PACE DRAWN BY: KS SHEET: 2 OF I IN WITNESS WHEREOF, the said Party of the First Part has caused these presents to be executed in its name and by its Board of County Commissioners, acting by the Chairman or Vice Chairman of said Board , the day and year aforesaid . ATTEST : JEFFREY K . BARTON Clerk of Court INDIAN RIVER COUNTY , FLORIDA A political subdivision of the State of Florida By : z � ; ts d oiCoun T C rt�missioners a, I Name Printed : /v1 A L/, Z £ rAl dII BY : �9� Name rinte Wesiey S . Davis Deputy Clerk of Circuit Court Title : Chairman Address : 18011 Street Approved as to fo d / Vero Beach , FL 32960 lort � l oirP irianrv • t ,IA BCC aDDroved : NbvAlf pr 7 2006 P :\survev\86901 :01 \dwg\TfPLE TRANSFER EX 10 - 19 - 06 . dwg , Dec 17 , 2008 — 12 : 00:24PM , kstafflinger SKETCH PROJECT: 96901 . 01 BA S KE RV l L L E DRAWING DATE: 4/ 20/07 DONOVAN , INCI WINDSOR rrDrr l7 SECTION: 14 LNNOVATIVE RTFRA.STRIICTURE SOLUTIONS TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 7175 ➢ R=l 9010 MMM I& 7L 32NO (321 )254-5ee3 NOT A SURVEY NOT TO SCALE RANGF* sctrTH 39 EAST ENGMffiitNG 305a3M: %H-0000510 OCEAN BLUFF SUBDIVISION PB 12 PG 54 4 EXHIBIT A S89045 ' 09 " W 577 . 55 ' NOT TO SCALE SOUTH UNE OF THE NORTH 400' OF GOVERNMENT LOT 2 cps NORTH LINE OF THE SOUTH 200 ' OF THE NORTH 600 ' OF GOVERNMENT LOT 2 LIP. r� Go, L Nm �OI $• tr O �rS1 g\ C) $t �p� EXHIBIT B 331 # 451 SQ FT OR 7 . 609 ACRES ± Z i 0 �. r H _ � H ' Tor n u V ' 0 0 . B. EXHIBIT B pq ��. \ c^ z 1" I S89 '45' C)9 ' W 611 . 92' �n \ v � \ q N QN \ r. O Q _ LP O: v 2 r �J m SOUTHWEST CORNER GOVERNMENT LOT 2 P. 0 . C. \ N89 '45 ' 1CIE 865 . 92 ' SOUTH LINE GOVERNMENT LOT 2 CHECKED BY: KS REVISIONS SCALE: NOT TO SCALE N0. BY DESCRIFBDN DATE F.B. PAGE DRAWN BY: KS SHEET: 2 OF 2 RF : " C " Windsor CLOSING AGREEMENT The undersigned hereby authorize the law firm of Collins, Brown , Caldwell, Barkett 8T Garavaglia , Chtd . ( " Closing Agent " ) to close the transaction between WINDSOR PROPERTIES , A FLORIDA GENERAL PARTNERSHIP, ( " SELLER " ) AND INDIAN RIVER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ( " BUYER " ) * I * CLOSING AGENT REPRESENTATION . The Closing Agent represents the ( X ) SELLER , ( ) BUYER ( ) LENDER in this transaction . Any closing fee charged to non - represented party by the Closing Agent does not establish an attorney/client relationship between the non - represented parry and the Closing Agent. 2 . BUYER HAS REVIEWED TITLE INSURANCE COMMITMENT . Buyer hereby represents that Buyer has received the Commitment for Title Insurance issued in conjunction with this transaction , and has had the opportunity to review same prior to closing. Buyer has carefully reviewed the instrument of conveyance ( i . e . Deed ) , and acknowledges that Buyer is taking title to the property in the manner desired by Buyer. It is the Buyer ' s sole responsibility to secure independent legal counsel, if necessary, to understand the legal implications of the applicable concurrent ownership established . 3 . SURVEY . If a current survey was prepared, Buyer hereby represents that Buyer has obtained a survey in conjunction with this transaction and acknowledges that Buyer has had an opportunity to review the same prior to or at the time of closing this transaction , noted such matters reflected in the survey, which include, but not limited to, easements, boundary line locations, dimensions, and encroachments from Buyer ' s property onto adjoining properties, if any, and Buyer accepts title subject to the matters set forth thereon . 4 . BUYER REPRESENTS AND WARRANTS . To the best of Buyer's knowledge . A . Within the last 90 days, no mechanicsmen, materialsmen or laborers have provided services which remain unpaid for which Buyer personally contracted . OR Within the past 90 days, there have been no improvements or repairs to the subject property which costs thereon remain unpaid, other than the following for which Buyer personally contracted : for which Buyer agrees to make payment in full . Be That Buyer has inspected the property prior to closing and accepts the subject property in its present condition, or waives their right of inspection . C . Buyer represents and warrants that Buyer has not and will not execute any instrument that would adversely affect the interest being insured prior to the recording of the closing and /or loan documents in this closing, including but not limited to executing a Note , Mortgage, ( other than the lender in this closing transaction ) or a Notice of Commencement . 5 . AUTHORIZATION TO CLOSING AGENT : Buyer and Seller hereby authorize Closing Agent to procure and record all documents required to facilitate the closing of the transaction, AND to make all disbursements that appear on the Closings/ Settlement Statement. 6 . SETTLEMENT STATEMENT COSTS : This Firm strives to compile a precise and accurate Settlement Statement/Closing Statement in conjunction with the closing of this transaction . However, occasionally, certain costs and expenses are estimated on limited information available to the Closing Agent at the time of preparing the Settlement Statement/Closing Statement, which results in settlement charges that may exceed the actual INITIALS : RF : " C " Windsor CLOSING AGREEMENT The undersigned hereby authorize the law firm of Collins, Brown , Caldwell, Barkett 8T Garavaglia , Chtd . ( " Closing Agent " ) to close the transaction between WINDSOR PROPERTIES , A FLORIDA GENERAL PARTNERSHIP, ( " SELLER " ) AND INDIAN RIVER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ( " BUYER " ) * I * CLOSING AGENT REPRESENTATION . The Closing Agent represents the ( X ) SELLER , ( ) BUYER ( ) LENDER in this transaction . Any closing fee charged to non - represented party by the Closing Agent does not establish an attorney/client relationship between the non - represented parry and the Closing Agent. 2 . BUYER HAS REVIEWED TITLE INSURANCE COMMITMENT . Buyer hereby represents that Buyer has received the Commitment for Title Insurance issued in conjunction with this transaction , and has had the opportunity to review same prior to closing. Buyer has carefully reviewed the instrument of conveyance ( i . e . Deed ) , and acknowledges that Buyer is taking title to the property in the manner desired by Buyer. It is the Buyer ' s sole responsibility to secure independent legal counsel, if necessary, to understand the legal implications of the applicable concurrent ownership established . 3 . SURVEY . If a current survey was prepared, Buyer hereby represents that Buyer has obtained a survey in conjunction with this transaction and acknowledges that Buyer has had an opportunity to review the same prior to or at the time of closing this transaction , noted such matters reflected in the survey, which include, but not limited to, easements, boundary line locations, dimensions, and encroachments from Buyer ' s property onto adjoining properties, if any, and Buyer accepts title subject to the matters set forth thereon . 4 . BUYER REPRESENTS AND WARRANTS . To the best of Buyer's knowledge . A . Within the last 90 days, no mechanicsmen, materialsmen or laborers have provided services which remain unpaid for which Buyer personally contracted . OR Within the past 90 days, there have been no improvements or repairs to the subject property which costs thereon remain unpaid, other than the following for which Buyer personally contracted : for which Buyer agrees to make payment in full . Be That Buyer has inspected the property prior to closing and accepts the subject property in its present condition, or waives their right of inspection . C . Buyer represents and warrants that Buyer has not and will not execute any instrument that would adversely affect the interest being insured prior to the recording of the closing and /or loan documents in this closing, including but not limited to executing a Note , Mortgage, ( other than the lender in this closing transaction ) or a Notice of Commencement . 5 . AUTHORIZATION TO CLOSING AGENT : Buyer and Seller hereby authorize Closing Agent to procure and record all documents required to facilitate the closing of the transaction, AND to make all disbursements that appear on the Closings/ Settlement Statement. 6 . SETTLEMENT STATEMENT COSTS : This Firm strives to compile a precise and accurate Settlement Statement/Closing Statement in conjunction with the closing of this transaction . However, occasionally, certain costs and expenses are estimated on limited information available to the Closing Agent at the time of preparing the Settlement Statement/Closing Statement, which results in settlement charges that may exceed the actual INITIALS : P :\survev\86901 :01 \dwg\TfPLE TRANSFER EX 10 - 19 - 06 . dwg , Dec 17 , 2008 — 12 : 00:24PM , kstafflinger SKETCH PROJECT: 96901 . 01 BA S KE RV l L L E DRAWING DATE: 4/ 20/07 DONOVAN , INCI WINDSOR rrDrr l7 SECTION: 14 LNNOVATIVE RTFRA.STRIICTURE SOLUTIONS TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 7175 ➢ R=l 9010 MMM I& 7L 32NO (321 )254-5ee3 NOT A SURVEY NOT TO SCALE RANGF* sctrTH 39 EAST ENGMffiitNG 305a3M: %H-0000510 OCEAN BLUFF SUBDIVISION PB 12 PG 54 4 EXHIBIT A S89045 ' 09 " W 577 . 55 ' NOT TO SCALE SOUTH UNE OF THE NORTH 400' OF GOVERNMENT LOT 2 cps NORTH LINE OF THE SOUTH 200 ' OF THE NORTH 600 ' OF GOVERNMENT LOT 2 LIP. r� Go, L Nm �OI $• tr O �rS1 g\ C) $t �p� EXHIBIT B 331 # 451 SQ FT OR 7 . 609 ACRES ± Z i 0 �. r H _ � H ' Tor n u V ' 0 0 . B. EXHIBIT B pq ��. \ c^ z 1" I S89 '45' C)9 ' W 611 . 92' �n \ v � \ q N QN \ r. O Q _ LP O: v 2 r �J m SOUTHWEST CORNER GOVERNMENT LOT 2 P. 0 . C. \ N89 '45 ' 1CIE 865 . 92 ' SOUTH LINE GOVERNMENT LOT 2 CHECKED BY: KS REVISIONS SCALE: NOT TO SCALE N0. BY DESCRIFBDN DATE F.B. PAGE DRAWN BY: KS SHEET: 2 OF 2 ENVIRONMENTAL AFFIDAVIT BEFORE ME , the undersigned authority personally appeared : Wesley S . Davis as Chairman of Board of County Commissioners Indian River County, Florida , a political subdivision of the State of Florida , (" Affiant" ) , who being by me first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County, Florida1 apolitical s ubdivision of the Stare nf Rtnrlda «« � � -- » > � _ � • --- - -- - STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged and subscribed before me , the undersigned authority , this %tom day of , 2009 , by e S e S Inc � s as (..Ik, 4 ri► ia .ti of Indian River Ceuu . 1 Florida, a po�littiical subdivision of t, e State of Florida, on its behalf, :vha is either : board ort- Chun ( rsonally known to me or as identification . Go •�• m : s s ; a � � ( ) has/have produced a _ g 4L� N me Printed : (Notary Seal ) Notary Public , State of FloridaL�AyPu4t, otary Public State of FlonoMyCommission No . : andra L Wright y Commission DD78273.;My Commission Expires : xpires 0&0312012 STATE OF FLORIDA COUNTY OF The foregoing was acknowledged before me , the undersigned authority , this day of , 20095 by as of Division of State Lands of the Florida Department of Protection „ on its behalf, as for the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, who is either : ( ) personally known to me or ( ) has/have produced a as identification . Name Printed : (Notary Seal) Notary Public , State of Florida My Commission No . : My Commission Expires : charge ( i . e . , costs of recording documents , cost of repairs and inspections, surveys , etc . ) . Due to the administrative burden and cost of refunding monies to parties involved in the transaction , the policy of this Firm is only to reimburse overpayments totaling more than Twenty- Five Dollars ( $ 25 . 00 ) . Overpayments totaling Twenty- Five ( $ 25 . 00 ) or less shall be applied to offset additional post closing administrative costs created by the overpayment and remain the property of the Closing Agent . 7 . CORRECTION OF ERRORS : The undersigned agree to cooperate with the Closing Agent to correct techn11 ical errors or deficiencies in the drafting of any document executed at the closing, including loan documents, if any . In the event any documents which adversely affect title to the property are filed of record subsequent to the effective date of the Commitment of Title in this transaction, through the date and time of recording of the Deed to Buyer, Seller agrees to assume full responsibility for satisfaction and/or removal of same . If for any reason sufficient funds are not collected at closing by the Closing Agent to pay all persons and entities entitled to payment ( including, but not limited to : the proration or collection of real estate or personal property taxes ; any collection or proration of rents, and security deposits ; any collection or proration of homeowner association or condominium association assessments or maintenance dues ; any collection or proration of service contracts , pest control , security systems, pool maintenance, appliance maintenances any collection of payoffs for outstanding mortgages, impact fees , utilities or assessment liens ; any charge for recording or re- recording fees , documentary and / or intangible tax charge or other governmental charge ; any charge for payment of insurance premiums; any charge for payment of repairs, or inspections ) , the person or entity responsible for such payment shall forthwith pay the additional funds to Closing Agent . ( NOTE : Any sales tax due on rental properties through the end of the month of the closing shall be paid directly to the proper agency by the Seller. ) Closing Agent may file suit against the undersigned in the applicable County or Circuit Court to collect the funds, in which event, the undersigned will pay all costs and expenses incurred in such suit, including a reasonable attorney's fees, including reasonable attorneys ' fees on appeal or in any bankruptcy proceeding . The venue for ,any IF action regarding the enforcement of this provision shall be Indian River County, Florida . 8 . NET PROCEEDS : The undersigned hereby acknowledge and understand that in the event the collected funds required by the Buyer, and Buyer's loan proceeds, if any, are not received by this office by l 1 : 00 a . m . E . S . T . on the day of closing, the Closing Agent cannot guarantee available funds on that day to Seller . Although all best efforts will be made to accommodate the parties, Closing Agent may not be able to initiate wire transfers of OF proceeds on the closing date if Buyer's funds are received by Closing Agent after 11 : 00 a . m . E . S . T . Due to the complicated nature of wire transfers, Buyer acknowledges that in order to positively assure wired funds will be credited to Closing Agent's Trust Account on the day of closing, wire transfers by Buyer transmitting required funds for closing must be initiated at IF least one business day prior to closing . 9 . REAL ESTATE AGENTS / BROKERS : Buyer and Seller warrant and represent that there are no real estate brokers involved in this transaction other than those addressed on the Closing/ Settlement Statement, and will indemnify and hold harmless each other and Closing Agent for claims for compensation , and any disputes by any other person or realtor relating to , or arising from , the above - referenced transaction . 10 . CURRENT YEAR REAL ESTATE TAXES APPEARING ON THE CLOSING STATEMENT/ SETTLEMENT STATEMENT : ( x ) Buyer and Seller understand that the 200 q real estate taxes were prorated based upon the ACTUAL year 200q '' tax calculated by Debbie Gee in the Indian River County Tax Collector's office . INITIALS : charge ( i . e . , costs of recording documents , cost of repairs and inspections, surveys , etc . ) . Due to the administrative burden and cost of refunding monies to parties involved in the transaction , the policy of this Firm is only to reimburse overpayments totaling more than Twenty- Five Dollars ( $ 25 . 00 ) . Overpayments totaling Twenty- Five ( $ 25 . 00 ) or less shall be applied to offset additional post closing administrative costs created by the overpayment and remain the property of the Closing Agent . 7 . CORRECTION OF ERRORS : The undersigned agree to cooperate with the Closing Agent to correct techn11 ical errors or deficiencies in the drafting of any document executed at the closing, including loan documents, if any . In the event any documents which adversely affect title to the property are filed of record subsequent to the effective date of the Commitment of Title in this transaction, through the date and time of recording of the Deed to Buyer, Seller agrees to assume full responsibility for satisfaction and/or removal of same . If for any reason sufficient funds are not collected at closing by the Closing Agent to pay all persons and entities entitled to payment ( including, but not limited to : the proration or collection of real estate or personal property taxes ; any collection or proration of rents, and security deposits ; any collection or proration of homeowner association or condominium association assessments or maintenance dues ; any collection or proration of service contracts , pest control , security systems, pool maintenance, appliance maintenances any collection of payoffs for outstanding mortgages, impact fees , utilities or assessment liens ; any charge for recording or re- recording fees , documentary and / or intangible tax charge or other governmental charge ; any charge for payment of insurance premiums; any charge for payment of repairs, or inspections ) , the person or entity responsible for such payment shall forthwith pay the additional funds to Closing Agent . ( NOTE : Any sales tax due on rental properties through the end of the month of the closing shall be paid directly to the proper agency by the Seller. ) Closing Agent may file suit against the undersigned in the applicable County or Circuit Court to collect the funds, in which event, the undersigned will pay all costs and expenses incurred in such suit, including a reasonable attorney's fees, including reasonable attorneys ' fees on appeal or in any bankruptcy proceeding . The venue for ,any IF action regarding the enforcement of this provision shall be Indian River County, Florida . 8 . NET PROCEEDS : The undersigned hereby acknowledge and understand that in the event the collected funds required by the Buyer, and Buyer's loan proceeds, if any, are not received by this office by l 1 : 00 a . m . E . S . T . on the day of closing, the Closing Agent cannot guarantee available funds on that day to Seller . Although all best efforts will be made to accommodate the parties, Closing Agent may not be able to initiate wire transfers of OF proceeds on the closing date if Buyer's funds are received by Closing Agent after 11 : 00 a . m . E . S . T . Due to the complicated nature of wire transfers, Buyer acknowledges that in order to positively assure wired funds will be credited to Closing Agent's Trust Account on the day of closing, wire transfers by Buyer transmitting required funds for closing must be initiated at IF least one business day prior to closing . 9 . REAL ESTATE AGENTS / BROKERS : Buyer and Seller warrant and represent that there are no real estate brokers involved in this transaction other than those addressed on the Closing/ Settlement Statement, and will indemnify and hold harmless each other and Closing Agent for claims for compensation , and any disputes by any other person or realtor relating to , or arising from , the above - referenced transaction . 10 . CURRENT YEAR REAL ESTATE TAXES APPEARING ON THE CLOSING STATEMENT/ SETTLEMENT STATEMENT : ( x ) Buyer and Seller understand that the 200 q real estate taxes were prorated based upon the ACTUAL year 200q '' tax calculated by Debbie Gee in the Indian River County Tax Collector's office . INITIALS : ENVIRONMENTAL AFFIDAVIT BEFORE ME , the undersigned authority personally appeared : Wesley S . Davis as Chairman of Board of County Commissioners Indian River County, Florida , a political subdivision of the State of Florida , (" Affiant" ) , who being by me first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County, Florida1 apolitical s ubdivision of the Stare nf Rtnrlda «« � � -- » > � _ � • --- - -- - STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged and subscribed before me , the undersigned authority , this %tom day of , 2009 , by e S e S Inc � s as (..Ik, 4 ri► ia .ti of Indian River Ceuu . 1 Florida, a po�littiical subdivision of t, e State of Florida, on its behalf, :vha is either : board ort- Chun ( rsonally known to me or as identification . Go •�• m : s s ; a � � ( ) has/have produced a _ g 4L� N me Printed : (Notary Seal ) Notary Public , State of FloridaL�AyPu4t, otary Public State of FlonoMyCommission No . : andra L Wright y Commission DD78273.;My Commission Expires : xpires 0&0312012 STATE OF FLORIDA COUNTY OF The foregoing was acknowledged before me , the undersigned authority , this day of , 20095 by as of Division of State Lands of the Florida Department of Protection „ on its behalf, as for the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, who is either : ( ) personally known to me or ( ) has/have produced a as identification . Name Printed : (Notary Seal) Notary Public , State of Florida My Commission No . : My Commission Expires : chlorinated biphenyls , asbestos , hazardous or toxic substance , material or waste of any kind , or any other substance which is regulated by any Environmental law . 5 . As of the Closing Date , Affiant, on behalf of Seller, warrants I'and represents as to Buyer , its successors and assigns that to his knowledge : ( i) The Seller has not placed , or permitted to be placed , any Hazardous Materials on the Property , and , to the best of Affiant ' s knowledge , no other person or entity has placed , or permitted to be placed , any Hazardous Materials on the Property . ( ii) There does not exist on the Propertany condition or circumstance which requires or may , in the future , require cleanup , removal or other remedial action or other response under Environmental Laws on the part of the Seller , or a subsequent owner of all or any portion of the Property or which would subject the Seller, or a subsequent owner of all or an-y portion of the Property to liability , penalties , damages or injunctive relief. No underground treatment, buried , partially buried or above ground storage tanks , storage vessels , sumps , drums , containers , water, gas or oil wells , or landfills are or have ever been located on the Property . ( iv) Seller , nor any other person or entity that has owned , occupied or possessed the Property , has never violated , and Seller is presently in compliance with , all Environmental Laws applicable to the Property . (v) No warning notice , notice of violation , administrative complaint, judicial complaint or other formal or informal notice has been issued by any federal , state or local environmental agency alleging that conditions on the Property are in violation of any Environmental Law . (vi) Seller is not subject to any judgment, decree , order or citation related to or arising out of Environmental Laws , and Seller has not been named or listed as a potentially responsible party by any governmental body or agency in a matter arising under any Environmental Law . 1 1 . SUITABILITY OF PROPERTY AND IMPROVEMENTS : In light of the limited role of this Firm , as Closing Agent in this transaction, to administer the closing and facilitate the issuance of title insurance, this Firm has not made and does not make any inquiries, investigations or representations as to the ( a ) physical or environmental condition of the Property, any improvements thereto, or any materials thereon ; or ( b ) suitability of the Property for any particular use . 12 . DISBURSEMENT AUTHORIZATION , ETC . : Closing Agent does not assume any liability or responsibility for any collection or proration for usage charges by any utility . Closing Agent does not assume any responsibility or liability for the collection of rents, gas/ electricity, taxes on personal property, garbage taxes or fees , license fees or taxes, service/ maintenance contracts ( pest control, appliance maintenance, pool care, lawn ( are, alarm systems, etc . ) , association assessments or dues, or estoppel information furnished by Mortgagees or others . Closing Agent does not assume liability for survey charges or expenses associated with property inspections or loan considerations . The Settlement Statement has been reviewed and approved and the Closing Agent is authorized and directed to complete the closing of the transaction and make disbursement in accordance therewith . In the event of a mortgage assumption , if Seller has received a credit for the escrow account balance, then Seller hereby assigns all right, title, and interest in said account to. Buyer . 13 , VOLUNTARY EXECUTION : BUYER and SELLER have signed the closing documents, including this Closing Agreement, freely and voluntarily intending to be bound thereby . Buyer and Seller acknowledge that this Agreement is being provided for the law firm of COLLINS , BROWN , CALDWELL, BARKETT 8t GARAVAG LIA, CHARTERED to serve as the Closing Agent and for the Title Agent, BRUCE BARKETT, and the Title Underwriter, to issue title insurance on the subject transaction . 14 . FACSIMILIE/COUNTERPARTS : This Agreement may be executed in any number of duplicate originals or facsimile copy and any such duplicate original or facsimile copies: shall be deemed to constitute one and the same instrument . 15 . Seller, Buyer, and Borrower are used for singular or plural, as the context so requires or admits . 16 . Additional clauses : NONE . BUYER : SELLER : INDIAN RIVER COUNTY , FLORIDA WINDSOR PROPERTIES A Political Subdivision of the State of Florida A Florida General Partnership BY : Torwest, Inc . , a Florida corporation B . / General Pa er Name Printed . r As its : BY : Name PHd :Mark Justice As Its : Pr dident DATE : a ' , 200 DATE : Qec�.Nti�i�. 23 , 2008 APPROVED AS TO FORM AN I AL JJR7 OY - WILLIAM K . I_aEFARAAL LlEi' E ) "iYGOI ] f�,I , fylf ilijc) lti � L-Y 1 1 . SUITABILITY OF PROPERTY AND IMPROVEMENTS : In light of the limited role of this Firm , as Closing Agent in this transaction, to administer the closing and facilitate the issuance of title insurance, this Firm has not made and does not make any inquiries, investigations or representations as to the ( a ) physical or environmental condition of the Property, any improvements thereto, or any materials thereon ; or ( b ) suitability of the Property for any particular use . 12 . DISBURSEMENT AUTHORIZATION , ETC . : Closing Agent does not assume any liability or responsibility for any collection or proration for usage charges by any utility . Closing Agent does not assume any responsibility or liability for the collection of rents, gas/ electricity, taxes on personal property, garbage taxes or fees , license fees or taxes, service/ maintenance contracts ( pest control, appliance maintenance, pool care, lawn ( are, alarm systems, etc . ) , association assessments or dues, or estoppel information furnished by Mortgagees or others . Closing Agent does not assume liability for survey charges or expenses associated with property inspections or loan considerations . The Settlement Statement has been reviewed and approved and the Closing Agent is authorized and directed to complete the closing of the transaction and make disbursement in accordance therewith . In the event of a mortgage assumption , if Seller has received a credit for the escrow account balance, then Seller hereby assigns all right, title, and interest in said account to. Buyer . 13 , VOLUNTARY EXECUTION : BUYER and SELLER have signed the closing documents, including this Closing Agreement, freely and voluntarily intending to be bound thereby . Buyer and Seller acknowledge that this Agreement is being provided for the law firm of COLLINS , BROWN , CALDWELL, BARKETT 8t GARAVAG LIA, CHARTERED to serve as the Closing Agent and for the Title Agent, BRUCE BARKETT, and the Title Underwriter, to issue title insurance on the subject transaction . 14 . FACSIMILIE/COUNTERPARTS : This Agreement may be executed in any number of duplicate originals or facsimile copy and any such duplicate original or facsimile copies: shall be deemed to constitute one and the same instrument . 15 . Seller, Buyer, and Borrower are used for singular or plural, as the context so requires or admits . 16 . Additional clauses : NONE . BUYER : SELLER : INDIAN RIVER COUNTY , FLORIDA WINDSOR PROPERTIES A Political Subdivision of the State of Florida A Florida General Partnership BY : Torwest, Inc . , a Florida corporation B . / General Pa er Name Printed . r As its : BY : Name PHd :Mark Justice As Its : Pr dident DATE : a ' , 200 DATE : Qec�.Nti�i�. 23 , 2008 APPROVED AS TO FORM AN I AL JJR7 OY - WILLIAM K . I_aEFARAAL LlEi' E ) "iYGOI ] f�,I , fylf ilijc) lti � L-Y chlorinated biphenyls , asbestos , hazardous or toxic substance , material or waste of any kind , or any other substance which is regulated by any Environmental law . 5 . As of the Closing Date , Affiant, on behalf of Seller, warrants I'and represents as to Buyer , its successors and assigns that to his knowledge : ( i) The Seller has not placed , or permitted to be placed , any Hazardous Materials on the Property , and , to the best of Affiant ' s knowledge , no other person or entity has placed , or permitted to be placed , any Hazardous Materials on the Property . ( ii) There does not exist on the Propertany condition or circumstance which requires or may , in the future , require cleanup , removal or other remedial action or other response under Environmental Laws on the part of the Seller , or a subsequent owner of all or any portion of the Property or which would subject the Seller, or a subsequent owner of all or an-y portion of the Property to liability , penalties , damages or injunctive relief. No underground treatment, buried , partially buried or above ground storage tanks , storage vessels , sumps , drums , containers , water, gas or oil wells , or landfills are or have ever been located on the Property . ( iv) Seller , nor any other person or entity that has owned , occupied or possessed the Property , has never violated , and Seller is presently in compliance with , all Environmental Laws applicable to the Property . (v) No warning notice , notice of violation , administrative complaint, judicial complaint or other formal or informal notice has been issued by any federal , state or local environmental agency alleging that conditions on the Property are in violation of any Environmental Law . (vi) Seller is not subject to any judgment, decree , order or citation related to or arising out of Environmental Laws , and Seller has not been named or listed as a potentially responsible party by any governmental body or agency in a matter arising under any Environmental Law . 6 . That Affiant makes this Affidavit for the purposes of inducing Buyer to purchase the Property, and Affiant acknowledges that Purchaser will rely upon the representations and warranties set forth in this Affidavit . Dated thisyZa of 2009 . Affiant : (_/"� -- - Address : i801 ? 7th street Vero Beach , FL 32960 STATE OF FLORIDA COUNTY OF 1n � i0. I1 � jyeYr Sworn to and subscribed before me this _ as day of , 2009 by Wes -c y � . l� a� ✓rs as C � a � r r) of W76 60ar / 0 -c COI.( n '1'�/ COmmr SSiDne �s 0+ d Indian River County , Florida, a political subdivision of the State of Florida, on its behalf, who is either : ( V personally known tome OR ( ) produced a driver ' s license as identification . 77 Name Printed : Sa ndv�a � r,�J Itit APPROVED AS TO FORM Notary Public , State of Florida at Large ff Go My Commission Expires : BYKIL _. . _ _ ... EBRAAL DEPUTY COUNTY ATTORNEY My Commission No . : 2a Notary Public State of Florida • ® Sandra L Wright a 4je �o MY Commission DD782733 oF r.o Expires 06 /03/2012 Prepared by and return to : Bruce Barkett , Esq . Collins , Brown , Caldwell , Burkett & Garavaglia, Chartered 756 Beachland Blvd . Vero Beach , FL 32963 ( P ) 772/231 -4343 Parcel I . D . Number : Part of 31 39 14 00000 0020 00003 /0 QUITCLAIM DEED THIS QUITCLAIM DEED , made this c day of — , 2009 , by INDIAN RIVER COUNTY , FLORIDA , a political subdivision oft State of Florida, ( Grantor) for and in consideration of the sum of TEN AND NO / 100 DOLLARS ($ 10 . 00 ) , and other good and valuable consideration , to it in hand paid, has remised , released and quitclaimed , and by these presents does remise , release and quitclaim , unto the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, ( Grantee) whose mailing address is c/o Florida Department of Environmental Protection , Division of State Lands , 3900 Commonwealth Blvd . , Mail Station 115 , Tallahassee , Florida 32399 - 3000 , and assigns , all right, title , interest and claim and demand arising out of the following reservation recorded in Official Record Book 1451 , page 2379 , Public Records of Indian River County , Florida, to wit : * * * * * The Grantor herein reserves the right of re- entry upon breach of condition as to an undivided 1/z interest in the lands conveyed herein , which right of re-entry is an interest in real property . The right of re-entry may be enforced by the Grantor only through legal or equitable action in a court of competent jurisdiction in the event that either of the following events occur without the consent of the Grantor : 1 ) Sale or conveyance of an interest in all or any part of the lands described in Exhibit " A " (not including leases for management purposes) ; or 2 ) a change in the use of such lands from environmental protection , conservation and resource- related recreation purposes for which the property was acquired by the Grantee . The above stated conditions and the right of re- entry reserved by Grantor shall remain in effect for a term of 15 years from the date of recording of this instrument. The right of re- entry retained by Grantor is not assignable or transferable by Grantor, and no action or failure to act on part of the Grantor shall cause a breach of the conditions stated herein which give the Grantor the right of re-entry . The above stated conditions and reserved right of re-entry shall automatically terminate and expire 15 years after the date of recording of this instrument, and no instrument of release or termination shall be required . Grantee ' s ownership shall be consistent with all applicable statutory provisions in effect on the date of this Deed . * * * * * insofar as said reservation affects the following described land lying and being in Indian River County , Florida : The South 300 feet of the North 600 feet of Government Lot 2 , Section 14 , Township 31 South , Range 39 East, lying East of State Road A41 A , Less and Except the South 200 feet thereof. Said land lying and being in Indian River County , Florida . IN WITNESS WHEREOF , the Grantor has caused these presents to be executed in its name and by its Board of County Commissioners , acting by the Chairman or Vice Chairman of said Board , the day and year aforesaid . ATTEST JEFFREY K . BARYON Clerk of Court INDIAN RIVER COUNTY , FLORIDA A political subdivision of the State of Florida ( BY : : / ® i C BY : its F of � , unty o sioners Name Printed : Ma gree, i Ge X40 BYx ' Name Painted : Wes ley S . Davis Deputy Clerk of Circuit Court Title : Chairman Address : 180127 "' Street Approved as to form ,and� Vero Bea;; h , FL 32960 legal sufficiency :�/1�✓G l k� BCC approved : November 7, , 2006 . Name Printed : w,'t ( Official Seal ) Title : (� � �� y C � .. �� l/� rxx' y Prepared by and return to : Bruce Barkett , Esq . Collins , Brown , Caldwell , Burkett & Garavaglia, Chartered 756 Beachland Blvd . Vero Beach , FL 32963 ( P ) 772/231 -4343 Parcel I . D . Number : Part of 31 39 14 00000 0020 00003 /0 QUITCLAIM DEED THIS QUITCLAIM DEED , made this c day of — , 2009 , by INDIAN RIVER COUNTY , FLORIDA , a political subdivision oft State of Florida, ( Grantor) for and in consideration of the sum of TEN AND NO / 100 DOLLARS ($ 10 . 00 ) , and other good and valuable consideration , to it in hand paid, has remised , released and quitclaimed , and by these presents does remise , release and quitclaim , unto the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, ( Grantee) whose mailing address is c/o Florida Department of Environmental Protection , Division of State Lands , 3900 Commonwealth Blvd . , Mail Station 115 , Tallahassee , Florida 32399 - 3000 , and assigns , all right, title , interest and claim and demand arising out of the following reservation recorded in Official Record Book 1451 , page 2379 , Public Records of Indian River County , Florida, to wit : * * * * * The Grantor herein reserves the right of re- entry upon breach of condition as to an undivided 1/z interest in the lands conveyed herein , which right of re-entry is an interest in real property . The right of re-entry may be enforced by the Grantor only through legal or equitable action in a court of competent jurisdiction in the event that either of the following events occur without the consent of the Grantor : 1 ) Sale or conveyance of an interest in all or any part of the lands described in Exhibit " A " (not including leases for management purposes) ; or 2 ) a change in the use of such lands from environmental protection , conservation and resource- related recreation purposes for which the property was acquired by the Grantee . The above stated conditions and the right of re- entry reserved by Grantor shall remain in effect for a term of 15 years from the date of recording of this instrument. The right of re- entry retained by Grantor is not assignable or transferable by Grantor, and no action or failure to act on part of the Grantor shall cause a breach of the conditions stated herein which give the Grantor the right of re-entry . The above stated conditions and reserved right of re-entry shall automatically terminate and expire 15 years after the date of recording of this instrument, and no instrument of release or termination shall be required . Grantee ' s ownership shall be consistent with all applicable statutory provisions in effect on the date of this Deed . * * * * * insofar as said reservation affects the following described land lying and being in Indian River County , Florida : The South 300 feet of the North 600 feet of Government Lot 2 , Section 14 , Township 31 South , Range 39 East, lying East of State Road A41 A , Less and Except the South 200 feet thereof. Said land lying and being in Indian River County , Florida . IN WITNESS WHEREOF , the Grantor has caused these presents to be executed in its name and by its Board of County Commissioners , acting by the Chairman or Vice Chairman of said Board , the day and year aforesaid . ATTEST JEFFREY K . BARYON Clerk of Court INDIAN RIVER COUNTY , FLORIDA A political subdivision of the State of Florida ( BY : : / ® i C BY : its F of � , unty o sioners Name Printed : Ma gree, i Ge X40 BYx ' Name Painted : Wes ley S . Davis Deputy Clerk of Circuit Court Title : Chairman Address : 180127 "' Street Approved as to form ,and� Vero Bea;; h , FL 32960 legal sufficiency :�/1�✓G l k� BCC approved : November 7, , 2006 . Name Printed : w,'t ( Official Seal ) Title : (� � �� y C � .. �� l/� rxx' y 6 . That Affiant makes this Affidavit for the purposes of inducing Buyer to purchase the Property, and Affiant acknowledges that Purchaser will rely upon the representations and warranties set forth in this Affidavit . Dated thisyZa of 2009 . Affiant : (_/"� -- - Address : i801 ? 7th street Vero Beach , FL 32960 STATE OF FLORIDA COUNTY OF 1n � i0. I1 � jyeYr Sworn to and subscribed before me this _ as day of , 2009 by Wes -c y � . l� a� ✓rs as C � a � r r) of W76 60ar / 0 -c COI.( n '1'�/ COmmr SSiDne �s 0+ d Indian River County , Florida, a political subdivision of the State of Florida, on its behalf, who is either : ( V personally known tome OR ( ) produced a driver ' s license as identification . 77 Name Printed : Sa ndv�a � r,�J Itit APPROVED AS TO FORM Notary Public , State of Florida at Large ff Go My Commission Expires : BYKIL _. . _ _ ... EBRAAL DEPUTY COUNTY ATTORNEY My Commission No . : 2a Notary Public State of Florida • ® Sandra L Wright a 4je �o MY Commission DD782733 oF r.o Expires 06 /03/2012 Exhibit " A " Legal Description TITLE POSSESSION & LIEN AFFIDAVIT BEFORE ME , the undersigned authority , personally appeared Wesley S . Davis as Chaitman of Indian River County , Florida , a political subdivision of the State of Florida , ( "Affiant") being first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County , Florida , a political subdivision of the State of Florida , ( " Seller") , to COMMONWEALTH LAND TITLE INSURANCE COMPANY\ Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , ( "title insurer") , to induce title insurer to insure the subject property and to induce Windsor Properties , a Florida general partnership , ( " Buyer" ) , to purchase that certain property described on Exhibit " A" as Windsor " B " , and he further states : 1 . That the Affiant has personal knowledge of the matters set forth herein , and he has been authorized by the Seller to make this Affidavit on the Seller ' s behalf. 2 . The Indian River County, Florida , a political subdivision of the State of Florida , is the owner in fee simple and is in possession of the real property together with the improvements located thereon , if any , ( hereinafter the " property" ) described as follows . See Exhibit " A" describing Windsor " B " attached hereto and by this reference made a part hereof. 3 . The property is free and clear of all liens , taxes , encumbrances , and claims of every kind , nature and description whatsoever , except for easements , restrictions , or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Buyer in this transaction pursuant to the title commitment issued in this transaction . 4 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date , and the recording of the fee simple interest to be insured , and to the best of Affiant ' s knowledge , Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured . 5 . Seller has undisputed possession of the property ; to Affiant ' s knowledge there is no person or entity in possession or who has any possessory right in the property , or the proceeds from the sale thereof; and Affiant knows of no defects in the property title . 6 . No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date of 20 , at 8 : 00 a . m . , there are no unrecorded laborer ' s , mechanic ' s , or materialmen ' s liens against the property , and no material has been furnished to the property for which payment has not been paid in full . 7 . Within the past 90 days , there have been no improvements , alterations , or repairs to the property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same , which remain unpaid . 8 . There are no due , or to come due , unpaid bills , liens , or assessments for mowing , water , sanitary sewers , paving or other public utilities , or improvements made by any governmental authority . Should any bill be found which relates to the period TITLE POSSESSION & LIEN AFFIDAVIT BEFORE ME , the undersigned authority , personally appeared Wesley S . Davis as Chaitman of Indian River County , Florida , a political subdivision of the State of Florida , ( "Affiant") being first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County , Florida , a political subdivision of the State of Florida , ( " Seller") , to COMMONWEALTH LAND TITLE INSURANCE COMPANY\ Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , ( "title insurer") , to induce title insurer to insure the subject property and to induce Windsor Properties , a Florida general partnership , ( " Buyer" ) , to purchase that certain property described on Exhibit " A" as Windsor " B " , and he further states : 1 . That the Affiant has personal knowledge of the matters set forth herein , and he has been authorized by the Seller to make this Affidavit on the Seller ' s behalf. 2 . The Indian River County, Florida , a political subdivision of the State of Florida , is the owner in fee simple and is in possession of the real property together with the improvements located thereon , if any , ( hereinafter the " property" ) described as follows . See Exhibit " A" describing Windsor " B " attached hereto and by this reference made a part hereof. 3 . The property is free and clear of all liens , taxes , encumbrances , and claims of every kind , nature and description whatsoever , except for easements , restrictions , or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Buyer in this transaction pursuant to the title commitment issued in this transaction . 4 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date , and the recording of the fee simple interest to be insured , and to the best of Affiant ' s knowledge , Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured . 5 . Seller has undisputed possession of the property ; to Affiant ' s knowledge there is no person or entity in possession or who has any possessory right in the property , or the proceeds from the sale thereof; and Affiant knows of no defects in the property title . 6 . No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date of 20 , at 8 : 00 a . m . , there are no unrecorded laborer ' s , mechanic ' s , or materialmen ' s liens against the property , and no material has been furnished to the property for which payment has not been paid in full . 7 . Within the past 90 days , there have been no improvements , alterations , or repairs to the property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same , which remain unpaid . 8 . There are no due , or to come due , unpaid bills , liens , or assessments for mowing , water , sanitary sewers , paving or other public utilities , or improvements made by any governmental authority . Should any bill be found which relates to the period Exhibit " A " Legal Description . \Jul . . 1 �.. .. _ I LEGAL DESCRIPTION PROJECT: 86901 .0 ; �� BA S KERV i LL E - DRAWING DATE 4/20/07 DONOVAN , INC . SECTION: 14 INNOVATIVE INFRASTRUCTURE SOLUTIONS 7175 MURREU ROADe TOWNSHIP: 31 Na MMUR , n " B " )�NQU (3211x51-31183 Windsor BIr ; %NGINRRRDiC BIISDIIS55: ID3-00003411 RANGE: SOUTH 39 EAST A parcel cf Ici': d lying and . being in Section 14 , Township 31 South , Range 39 East , Tcllohassee base meridian , Indian River County , Florida , being more particularly described as follows : . Commencing at the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East , Indian River County Florida ; Thence , bearing North 89' 45 ' 10 " East , along the south line of said Government lot 2 , a distance of 865 . 92 feet to a point on the easterly Right of Way line of State Rood A- 1 —A, as shown on Florida Department of Transportation Right of way Map Section No . 88070 - 2102 , dated 10/ 21 / 57 ; Thence , bearing North 24' 24 ' 50 " West, along said Right of Way line , a distance of 419 . 51 feet to the Point of Beginning of the herein described parcel of land ; Thence , bearing North 24' 24 ' 50 " West , along said Right of Way line , a distance of 608 . 31 feet to a point ; Thence , leaving said Right of Way line of State Rood A- 1 —A, bearing North 89' 45109 " East a distance of 577 . 55 Feet to a point on the Mean High Water Line of the Atlantic Ocean ; Thence , bearing South 26' 18 ' 47 " East , along said Mean High Water Line , a distance of 98 . 03 feet to a point ; Thence , bearing South 28025 ' 11 " East , along said Mean High Water line , a distance of 441 . 87 feet to o point; Thence , bearing South 22031 ' 33 " East, along said Mean High Water line , a distance of 83 . 66 feet to a point ; Thence , leaving said Mean High Water Line , bearing South 89' 45 ' 09 " West , a distance of 611 . 92 feet to a point on the aforesaid easterly Right of Way line of State Road A- 1 —A, and the point being the Point of Beginning . The above described parcel of land contains an area of 331 , 451 square feet or 7 .609 acres , more or less . Subject to any and all easements and conditions as contained within the chain of title . GENERAL NOTES : 6. THE HORIZONTAL COORDINATE SYSTEM AND BEARINGS 1 , NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE BEEN LOCATED EXCEPT THOSE SHOWN HEREON, COORDINATE SYSTEM, EAST ZONE„ NORTH AMERICAN DATUM OF 19830 1990 ADJUSTMENT. THE CONTROL MONUMENTS 2. BASKERVILLE —DONOVAN . INC. CERTIFICATE OF UTILIZED TO ESTABLISH THIS SURVEY WERE FLORIDA AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS DEPARTMENT OF TRANSPORTATION REFERENCE MONUMENT LEGEND L00340 88-78—A10 HAVING A COORDINATE VALUE OF NORTHING: 1 , 255,223.229 AND AN EASTING OF 847,006.325 AND POC=POINT OF COMMENCEMENT 3, THIS DRAWING NOT VAUD WITHOUT THE SIGNATURE AND MONUMENT BB-7B—A11 HAVING A COORDINATE VALUE OF POB= POINT OF BEGINNING ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR Ac NORTHING: 1 ,251 ,561 .215 AND EASTING: 848, 668.737 NAD R W=RIGHT OF WAY MAPPER. 83/900 SAID VALUES WERE CONVERTED FROM NAD 27 COORDINATE DATUM AS LISTED ON THE PLAT OF INDIAN PB= PLAT BOOK 4. THE INFORMATION USED FOR THE GREATTON OF THIS RIVER COUNTY COASTAL CONSTRUCTION CONTROL UNE, PLAT PG = PAGE SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY BOOK 12, PACE 32, PUBLIC RECORDS OF INDIAN RIVER NGVD29 = NATIONAL GEODETIC VERTICAL BASKERVILLE DONOVAN PROJECT NO 86901 .01 AND A COUNTY, FLORIDA. BOUNDARY SURVEY BY KIMLEY—HORN AND ASSOCIATES, DATUM OF 1929 PROJECT NO 047013006 DATED 07- 14-04 7a THE BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE. COORDINATE SYSTEM, EAST ZONE, 5, NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, NORTH AMERICAN ,DATUM , F 3,1990 ADJUSTMENT, AS RIGHTS—OF— WAY ANO/OR OWNERSHIP WERE FURNISHED THIS REFERENCED gBOVE (��Te�O�'�Lt'Y LINE FOR SURVEYOR EXCEPT AS SHOWN HEREON, A-1 —A BEARS NOR 4.� y REVISIONS the legal 118311 pD !. h • egan d in 7n Ii F� .ilJr- Ue M nimum CHECKED BY: KS Technical Sto rds a4e to trl . F ridp Board of feniond Sunreyon N0. BY DESCRIPTION DATE and Moppe .p . . �61G1 Fl fcltraliva .Co ' punuanl to SecDon SCALE: N/A 27 Slat d text of my kngrle�Itr 4 belief. NOT VALID WITHOUT 7HE .rr ' ; R' Yr, SIGNATURE AND THE ORIGINAL F.B. PAGE RAISED SEAL OF A FLORIDA . LICENSED SURVEYOR DRAWN BY: KS tiv P7 SHEET: 1 OF 2 ; 5" 1 : . �R Jrti TITLE , POSSESSION & LIEN AFFIDAVIT BEFORE ME , the undersigned authority , personally appeared Wesley S . Davis as Chaitman of Indian River County, Florida , a political subdivision of the State of Florida , ( "Affiant") being first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County , Florida , a political subdivision of the State of Florida , (" Seller") , to COMMONWEALTH LAND TITLE INSURANCE COMPANY\ Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , ( "title insurer") , to induce title insurer to insure the subject property and to induce Windsor Properties , a Florida general partnership , ( "Buyer") , to purchase that certain property described on Exhibit " A" as Windsor " B " , and he further states : 1 . That the Affiant has personal knowledge of the matters set forth herein, and he has been authorized by the Seller to make this Affidavit on the Seller ' s behalf. 2 . The Indian River County, Florida , a political subdivision of the State of Florida , is the owner in fee simple and is in possession of the real property together with the improvements located thereon , if any , (hereinafter the " property" ) described as follows : See Exhibit " A" describing Windsor " B " attached hereto and by this reference made a part hereof. 3 . The property is free and clear of all liens , taxes , encumbrances , and claims of every kind , nature and description whatsoever , except for easements , restrictions , or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Buyer in this transaction pursuant to the title commitment issued in this transaction . 4 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date , and the recording of the fee simple interest to be insured , and to the best of Affiant ' s knowledge , Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured . 5 . Seller has undisputed possession of the property ; to Affiant ' s knowledge there is no person or entity in possession or who has any possessory right in the property , or the proceeds from the sale thereof; and Affiant knows of no defects in the property title . 6 . No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date of 20 , at 5 : 00 a . m . , there are no unrecorded laborer ' s , mechanic ' s , or materialmen ' s liens against the property , and no material has been furnished to the property for which payment has not been paid in full . 7 . Within the past 90 days , there have been no improvements , alterations , or repairs to the property for which the costs thereof remain unpaid , and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same , which remain unpaid . 8 . There are no due , or to come due , unpaid bills , liens , or assessments for mowing, water, sanitary sewers , paving or other public utilities , or improvements made by any governmental authority . Should any bill be found which relates to the period Jrti TITLE , POSSESSION & LIEN AFFIDAVIT BEFORE ME , the undersigned authority , personally appeared Wesley S . Davis as Chaitman of Indian River County, Florida , a political subdivision of the State of Florida , ( "Affiant") being first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County , Florida , a political subdivision of the State of Florida , (" Seller") , to COMMONWEALTH LAND TITLE INSURANCE COMPANY\ Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , ( "title insurer") , to induce title insurer to insure the subject property and to induce Windsor Properties , a Florida general partnership , ( "Buyer") , to purchase that certain property described on Exhibit " A" as Windsor " B " , and he further states : 1 . That the Affiant has personal knowledge of the matters set forth herein, and he has been authorized by the Seller to make this Affidavit on the Seller ' s behalf. 2 . The Indian River County, Florida , a political subdivision of the State of Florida , is the owner in fee simple and is in possession of the real property together with the improvements located thereon , if any , (hereinafter the " property" ) described as follows : See Exhibit " A" describing Windsor " B " attached hereto and by this reference made a part hereof. 3 . The property is free and clear of all liens , taxes , encumbrances , and claims of every kind , nature and description whatsoever , except for easements , restrictions , or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Buyer in this transaction pursuant to the title commitment issued in this transaction . 4 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date , and the recording of the fee simple interest to be insured , and to the best of Affiant ' s knowledge , Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured . 5 . Seller has undisputed possession of the property ; to Affiant ' s knowledge there is no person or entity in possession or who has any possessory right in the property , or the proceeds from the sale thereof; and Affiant knows of no defects in the property title . 6 . No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date of 20 , at 5 : 00 a . m . , there are no unrecorded laborer ' s , mechanic ' s , or materialmen ' s liens against the property , and no material has been furnished to the property for which payment has not been paid in full . 7 . Within the past 90 days , there have been no improvements , alterations , or repairs to the property for which the costs thereof remain unpaid , and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same , which remain unpaid . 8 . There are no due , or to come due , unpaid bills , liens , or assessments for mowing, water, sanitary sewers , paving or other public utilities , or improvements made by any governmental authority . Should any bill be found which relates to the period . \Jul . . 1 �.. .. _ I LEGAL DESCRIPTION PROJECT: 86901 .0 ; �� BA S KERV i LL E - DRAWING DATE 4/20/07 DONOVAN , INC . SECTION: 14 INNOVATIVE INFRASTRUCTURE SOLUTIONS 7175 MURREU ROADe TOWNSHIP: 31 Na MMUR , n " B " )�NQU (3211x51-31183 Windsor BIr ; %NGINRRRDiC BIISDIIS55: ID3-00003411 RANGE: SOUTH 39 EAST A parcel cf Ici': d lying and . being in Section 14 , Township 31 South , Range 39 East , Tcllohassee base meridian , Indian River County , Florida , being more particularly described as follows : . Commencing at the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East , Indian River County Florida ; Thence , bearing North 89' 45 ' 10 " East , along the south line of said Government lot 2 , a distance of 865 . 92 feet to a point on the easterly Right of Way line of State Rood A- 1 —A, as shown on Florida Department of Transportation Right of way Map Section No . 88070 - 2102 , dated 10/ 21 / 57 ; Thence , bearing North 24' 24 ' 50 " West, along said Right of Way line , a distance of 419 . 51 feet to the Point of Beginning of the herein described parcel of land ; Thence , bearing North 24' 24 ' 50 " West , along said Right of Way line , a distance of 608 . 31 feet to a point ; Thence , leaving said Right of Way line of State Rood A- 1 —A, bearing North 89' 45109 " East a distance of 577 . 55 Feet to a point on the Mean High Water Line of the Atlantic Ocean ; Thence , bearing South 26' 18 ' 47 " East , along said Mean High Water Line , a distance of 98 . 03 feet to a point ; Thence , bearing South 28025 ' 11 " East , along said Mean High Water line , a distance of 441 . 87 feet to o point; Thence , bearing South 22031 ' 33 " East, along said Mean High Water line , a distance of 83 . 66 feet to a point ; Thence , leaving said Mean High Water Line , bearing South 89' 45 ' 09 " West , a distance of 611 . 92 feet to a point on the aforesaid easterly Right of Way line of State Road A- 1 —A, and the point being the Point of Beginning . The above described parcel of land contains an area of 331 , 451 square feet or 7 .609 acres , more or less . Subject to any and all easements and conditions as contained within the chain of title . GENERAL NOTES : 6. THE HORIZONTAL COORDINATE SYSTEM AND BEARINGS 1 , NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE BEEN LOCATED EXCEPT THOSE SHOWN HEREON, COORDINATE SYSTEM, EAST ZONE„ NORTH AMERICAN DATUM OF 19830 1990 ADJUSTMENT. THE CONTROL MONUMENTS 2. BASKERVILLE —DONOVAN . INC. CERTIFICATE OF UTILIZED TO ESTABLISH THIS SURVEY WERE FLORIDA AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS DEPARTMENT OF TRANSPORTATION REFERENCE MONUMENT LEGEND L00340 88-78—A10 HAVING A COORDINATE VALUE OF NORTHING: 1 , 255,223.229 AND AN EASTING OF 847,006.325 AND POC=POINT OF COMMENCEMENT 3, THIS DRAWING NOT VAUD WITHOUT THE SIGNATURE AND MONUMENT BB-7B—A11 HAVING A COORDINATE VALUE OF POB= POINT OF BEGINNING ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR Ac NORTHING: 1 ,251 ,561 .215 AND EASTING: 848, 668.737 NAD R W=RIGHT OF WAY MAPPER. 83/900 SAID VALUES WERE CONVERTED FROM NAD 27 COORDINATE DATUM AS LISTED ON THE PLAT OF INDIAN PB= PLAT BOOK 4. THE INFORMATION USED FOR THE GREATTON OF THIS RIVER COUNTY COASTAL CONSTRUCTION CONTROL UNE, PLAT PG = PAGE SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY BOOK 12, PACE 32, PUBLIC RECORDS OF INDIAN RIVER NGVD29 = NATIONAL GEODETIC VERTICAL BASKERVILLE DONOVAN PROJECT NO 86901 .01 AND A COUNTY, FLORIDA. BOUNDARY SURVEY BY KIMLEY—HORN AND ASSOCIATES, DATUM OF 1929 PROJECT NO 047013006 DATED 07- 14-04 7a THE BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE. COORDINATE SYSTEM, EAST ZONE, 5, NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, NORTH AMERICAN ,DATUM , F 3,1990 ADJUSTMENT, AS RIGHTS—OF— WAY ANO/OR OWNERSHIP WERE FURNISHED THIS REFERENCED gBOVE (��Te�O�'�Lt'Y LINE FOR SURVEYOR EXCEPT AS SHOWN HEREON, A-1 —A BEARS NOR 4.� y REVISIONS the legal 118311 pD !. h • egan d in 7n Ii F� .ilJr- Ue M nimum CHECKED BY: KS Technical Sto rds a4e to trl . F ridp Board of feniond Sunreyon N0. BY DESCRIPTION DATE and Moppe .p . . �61G1 Fl fcltraliva .Co ' punuanl to SecDon SCALE: N/A 27 Slat d text of my kngrle�Itr 4 belief. NOT VALID WITHOUT 7HE .rr ' ; R' Yr, SIGNATURE AND THE ORIGINAL F.B. PAGE RAISED SEAL OF A FLORIDA . LICENSED SURVEYOR DRAWN BY: KS tiv P7 SHEET: 1 OF 2 ; 5" 1 : . �R P:\survey\86901 .01 \dwg\TITLE TRAN51- LK LA lU - IJ . uo . awg , ue� PROJECT: 06901 .01 SK " iCH wBASKERVILLE - DRAWING DATE: 4/ 20/07 DONOVANI INFO SECTION: 14 INNOVATIVE INFIaaSTaUCTURE SOLUTIONS TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 7176 YURRIv. R(1ID NOT TO SCALE AGE: SOUTH 39 EAST WIWURX�, n 32wa (321)254-3663 NOT A SURVEY liiiiiiiiii will %NGM%HRRiG 3USIN%55: 38-7000340 OCEAN BLUFF SUB01I115ION \ PB 12 PG 54 EXHIBIT A S89 ' 45 ' 09 " W 577 . 55 ' J, NOT TO SCALE SOUTH LINE OF THE NORTH 400' OF GOVERNMENT LOT 2do NORTH LINE OF THE SOUTH 200 ' OF THE cp.� NORTH 600' OF GOVERNMENT LOT 2 O� - 7/ 7 S ON 00. ro �. �1 o �N Z roof s�I 0 EXHIBIT B v3316451 SQ FT OR 7. 609 ACREStcp m % v s� o in N o 0 . 13. EXHIBIT .E3 ` ISO —1 0 !. S89545 ' 09 " W 611 . 92 � m �. `ro_ z r Q� m SOUTHWEST CORNER L GOVERNMENT LOT 2 \ P. 0 . C. \ N89 '45' 10" E 865 . 92 ' SOUTH LINE GOVERNMENT LOT 2 CHECKED BY: KS REVISIONS Ste: NOT TO SCALE N0, BY DESCRIPTION DATE F.B. PAGE DRAWN BY: KS SHEET: 2 OF 2 TITLE POSSESSION & LIEN AFFIDAVIT BEFORE ME , the undersigned authority , personally appeared Wesley S . Davis as Chabtman of Indian River County , Florida , a political subdivision of the State of Florida , ( "Affiant") being first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County, Florida , a political subdivision of the State of Florida , ( " Seller") , to COMMONWEALTH LAND TITLE INSURANCE COMPANY\ Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , ( "title insurer ") , to induce title insurer to insure the subject property and to induce Windsor Properties , a Florida general partnership , ("Buyer") , to purchase that certain property described on Exhibit " A" as Windsor "B " , and he further states : 1 . That the Affiant has personal knowledge of the matters set forth herein , and he has been authorized by the Seller to make this Affidavit on the Seller ' s behalf. 2 . The Indian River County , Florida , a political subdivision of the State of Florida , is the owner in fee simple and is in possession of the real property together with the improvements located thereon, if any , (hereinafter the " property" ) described as follows : See Exhibit " A" describing Windsor " B " attached hereto and by this reference made a part hereof. 3 . The property is free and clear of all liens , taxes , encumbrances , and claims of every kind , nature and description whatsoever , except for easements , restrictions , or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Buyer in this transaction mitment issued in this transaction . pursuant to the title com 4 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date , and the recording of the fee simple interest to be insured , and to the best of Affiant ' s knowledge , Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured . 5 . Seller has undisputed possession of the property ; to Affiant ' s knowledge there is no person or entity in possession or who has any possessory right in the property , or the proceeds from the sale thereof; and Affiant knows of no defects in the property title . 6 . No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date of 20 , at 8 : 00 a . m . , there are no unrecorded laborer ' s , mechanic ' s , or materialmen ' s liens against the property , and no material has been furnished to the property for which payment has not been paid in full . 7 . Within the past 90 days , there have been no improvements , alterations , or repairs to the property for which the costs thereof remain unpaid , and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same , which remain unpaid . 8 . There are no due , or to come due , unpaid bills , liens , or assessments for mowing , water, sanitary sewers , paving or other public utilities , or improvements made by Should any bill be found which relates to the period any governmental authority . TITLE POSSESSION & LIEN AFFIDAVIT BEFORE ME , the undersigned authority , personally appeared Wesley S . Davis as Chabtman of Indian River County , Florida , a political subdivision of the State of Florida , ( "Affiant") being first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County, Florida , a political subdivision of the State of Florida , ( " Seller") , to COMMONWEALTH LAND TITLE INSURANCE COMPANY\ Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , ( "title insurer ") , to induce title insurer to insure the subject property and to induce Windsor Properties , a Florida general partnership , ("Buyer") , to purchase that certain property described on Exhibit " A" as Windsor "B " , and he further states : 1 . That the Affiant has personal knowledge of the matters set forth herein , and he has been authorized by the Seller to make this Affidavit on the Seller ' s behalf. 2 . The Indian River County , Florida , a political subdivision of the State of Florida , is the owner in fee simple and is in possession of the real property together with the improvements located thereon, if any , (hereinafter the " property" ) described as follows : See Exhibit " A" describing Windsor " B " attached hereto and by this reference made a part hereof. 3 . The property is free and clear of all liens , taxes , encumbrances , and claims of every kind , nature and description whatsoever , except for easements , restrictions , or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Buyer in this transaction mitment issued in this transaction . pursuant to the title com 4 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date , and the recording of the fee simple interest to be insured , and to the best of Affiant ' s knowledge , Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured . 5 . Seller has undisputed possession of the property ; to Affiant ' s knowledge there is no person or entity in possession or who has any possessory right in the property , or the proceeds from the sale thereof; and Affiant knows of no defects in the property title . 6 . No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date of 20 , at 8 : 00 a . m . , there are no unrecorded laborer ' s , mechanic ' s , or materialmen ' s liens against the property , and no material has been furnished to the property for which payment has not been paid in full . 7 . Within the past 90 days , there have been no improvements , alterations , or repairs to the property for which the costs thereof remain unpaid , and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same , which remain unpaid . 8 . There are no due , or to come due , unpaid bills , liens , or assessments for mowing , water, sanitary sewers , paving or other public utilities , or improvements made by Should any bill be found which relates to the period any governmental authority . P:\survey\86901 .01 \dwg\TITLE TRAN51- LK LA lU - IJ . uo . awg , ue� PROJECT: 06901 .01 SK " iCH wBASKERVILLE - DRAWING DATE: 4/ 20/07 DONOVANI INFO SECTION: 14 INNOVATIVE INFIaaSTaUCTURE SOLUTIONS TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 7176 YURRIv. R(1ID NOT TO SCALE AGE: SOUTH 39 EAST WIWURX�, n 32wa (321)254-3663 NOT A SURVEY liiiiiiiiii will %NGM%HRRiG 3USIN%55: 38-7000340 OCEAN BLUFF SUB01I115ION \ PB 12 PG 54 EXHIBIT A S89 ' 45 ' 09 " W 577 . 55 ' J, NOT TO SCALE SOUTH LINE OF THE NORTH 400' OF GOVERNMENT LOT 2do NORTH LINE OF THE SOUTH 200 ' OF THE cp.� NORTH 600' OF GOVERNMENT LOT 2 O� - 7/ 7 S ON 00. ro �. �1 o �N Z roof s�I 0 EXHIBIT B v3316451 SQ FT OR 7. 609 ACREStcp m % v s� o in N o 0 . 13. EXHIBIT .E3 ` ISO —1 0 !. S89545 ' 09 " W 611 . 92 � m �. `ro_ z r Q� m SOUTHWEST CORNER L GOVERNMENT LOT 2 \ P. 0 . C. \ N89 '45' 10" E 865 . 92 ' SOUTH LINE GOVERNMENT LOT 2 CHECKED BY: KS REVISIONS Ste: NOT TO SCALE N0, BY DESCRIPTION DATE F.B. PAGE DRAWN BY: KS SHEET: 2 OF 2 RF : " C " Windsor CLOSING AGREEMENT The undersigned hereby authorize the law firm of Collins, Brown , Caldwell, Barkett 8T Garavaglia , Chtd . ( " Closing Agent " ) to close the transaction between WINDSOR PROPERTIES , A FLORIDA GENERAL PARTNERSHIP, ( " SELLER " ) AND INDIAN RIVER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ( " BUYER " ) * I * CLOSING AGENT REPRESENTATION . The Closing Agent represents the ( X ) SELLER , ( ) BUYER ( ) LENDER in this transaction . Any closing fee charged to non - represented party by the Closing Agent does not establish an attorney/client relationship between the non - represented parry and the Closing Agent. 2 . BUYER HAS REVIEWED TITLE INSURANCE COMMITMENT . Buyer hereby represents that Buyer has received the Commitment for Title Insurance issued in conjunction with this transaction , and has had the opportunity to review same prior to closing. Buyer has carefully reviewed the instrument of conveyance ( i . e . Deed ) , and acknowledges that Buyer is taking title to the property in the manner desired by Buyer. It is the Buyer ' s sole responsibility to secure independent legal counsel, if necessary, to understand the legal implications of the applicable concurrent ownership established . 3 . SURVEY . If a current survey was prepared, Buyer hereby represents that Buyer has obtained a survey in conjunction with this transaction and acknowledges that Buyer has had an opportunity to review the same prior to or at the time of closing this transaction , noted such matters reflected in the survey, which include, but not limited to, easements, boundary line locations, dimensions, and encroachments from Buyer ' s property onto adjoining properties, if any, and Buyer accepts title subject to the matters set forth thereon . 4 . BUYER REPRESENTS AND WARRANTS . To the best of Buyer's knowledge . A . Within the last 90 days, no mechanicsmen, materialsmen or laborers have provided services which remain unpaid for which Buyer personally contracted . OR Within the past 90 days, there have been no improvements or repairs to the subject property which costs thereon remain unpaid, other than the following for which Buyer personally contracted : for which Buyer agrees to make payment in full . Be That Buyer has inspected the property prior to closing and accepts the subject property in its present condition, or waives their right of inspection . C . Buyer represents and warrants that Buyer has not and will not execute any instrument that would adversely affect the interest being insured prior to the recording of the closing and /or loan documents in this closing, including but not limited to executing a Note , Mortgage, ( other than the lender in this closing transaction ) or a Notice of Commencement . 5 . AUTHORIZATION TO CLOSING AGENT : Buyer and Seller hereby authorize Closing Agent to procure and record all documents required to facilitate the closing of the transaction, AND to make all disbursements that appear on the Closings/ Settlement Statement. 6 . SETTLEMENT STATEMENT COSTS : This Firm strives to compile a precise and accurate Settlement Statement/Closing Statement in conjunction with the closing of this transaction . However, occasionally, certain costs and expenses are estimated on limited information available to the Closing Agent at the time of preparing the Settlement Statement/Closing Statement, which results in settlement charges that may exceed the actual INITIALS : P.'! urvey\86901 . 01 \dwg\TITLE TRANSFER EX 10 - 19 - 06 . dwg , Dec 17 , 2008 — 12:00: 24PM, kstofflinger BA S KE RV I LL E - SKETCH FRCJECT: 85901 .01 INC . Windsor " B " DRAWING DATE 4/20/07 DONOVAN j SECTION: 14 INNOVATIVE INFRASTRUCTURE SOLUTIONS 7175 YURMU ROLD TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 YHBOUWM 7L 32940 (321)254-3863 ENGafxmmG ausarasS: XB-00003w NOT A SURVEY NOT TO SCALE RANGE: scuTH 19 FasT OCEAN BLUFF SUBDIVISION PB 12 PG 54 EXHIBIT A S89 '45 ' 09 " W 577 . 55 ' SOUTH LINE OF THE NORTH 400' OF GOVERNMENT LOT 2 �� NOT TO SCALE O NORTH LINE OF THE SOUTH 200 OF THE �. NORTH 600' OF GOVERNMENT LOT 2 O ,vw 7 A T / 0 0 $4 s 0 EXHIBIT B cp v� 331t45f SQ FT OR 7. 609 ACRES±ul o !� Ac v �' z w P '- .A To � v � . 0. B. EXHIBIT B03 �c 6,- Z VV\ I S89045009 " W 611 . 92 ' v � m \ v �n \ O 0030\ � f � 2 r SOUTHWEST CORNER i9 GOVERNMENT LOT 2 \ `� RO. C. \ N89045010 ° E 865. 92 ' SOUTH LINE GOVERNMENT LOT 2 REVISIONS CHECKED BY: KS N0. BY -DESCRIPTION DATE SCALE: NOT TO SCALE F.B. PAGE DRAWN BY: KS SHEET: 2 OF 2 P.'! urvey\86901 . 01 \dwg\TITLE TRANSFER EX 10 - 19 - 06 . dwg , Dec 17 , 2008 — 12:00: 24PM, kstofflinger BA S KE RV I LL E - SKETCH FRCJECT: 85901 .01 INC . Windsor " B " DRAWING DATE 4/20/07 DONOVAN j SECTION: 14 INNOVATIVE INFRASTRUCTURE SOLUTIONS 7175 YURMU ROLD TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 YHBOUWM 7L 32940 (321)254-3863 ENGafxmmG ausarasS: XB-00003w NOT A SURVEY NOT TO SCALE RANGE: scuTH 19 FasT OCEAN BLUFF SUBDIVISION PB 12 PG 54 EXHIBIT A S89 '45 ' 09 " W 577 . 55 ' SOUTH LINE OF THE NORTH 400' OF GOVERNMENT LOT 2 �� NOT TO SCALE O NORTH LINE OF THE SOUTH 200 OF THE �. NORTH 600' OF GOVERNMENT LOT 2 O ,vw 7 A T / 0 0 $4 s 0 EXHIBIT B cp v� 331t45f SQ FT OR 7. 609 ACRES±ul o !� Ac v �' z w P '- .A To � v � . 0. B. EXHIBIT B03 �c 6,- Z VV\ I S89045009 " W 611 . 92 ' v � m \ v �n \ O 0030\ � f � 2 r SOUTHWEST CORNER i9 GOVERNMENT LOT 2 \ `� RO. C. \ N89045010 ° E 865. 92 ' SOUTH LINE GOVERNMENT LOT 2 REVISIONS CHECKED BY: KS N0. BY -DESCRIPTION DATE SCALE: NOT TO SCALE F.B. PAGE DRAWN BY: KS SHEET: 2 OF 2 RF : " C " Windsor CLOSING AGREEMENT The undersigned hereby authorize the law firm of Collins, Brown , Caldwell, Barkett 8T Garavaglia , Chtd . ( " Closing Agent " ) to close the transaction between WINDSOR PROPERTIES , A FLORIDA GENERAL PARTNERSHIP, ( " SELLER " ) AND INDIAN RIVER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ( " BUYER " ) * I * CLOSING AGENT REPRESENTATION . The Closing Agent represents the ( X ) SELLER , ( ) BUYER ( ) LENDER in this transaction . Any closing fee charged to non - represented party by the Closing Agent does not establish an attorney/client relationship between the non - represented parry and the Closing Agent. 2 . BUYER HAS REVIEWED TITLE INSURANCE COMMITMENT . Buyer hereby represents that Buyer has received the Commitment for Title Insurance issued in conjunction with this transaction , and has had the opportunity to review same prior to closing. Buyer has carefully reviewed the instrument of conveyance ( i . e . Deed ) , and acknowledges that Buyer is taking title to the property in the manner desired by Buyer. It is the Buyer ' s sole responsibility to secure independent legal counsel, if necessary, to understand the legal implications of the applicable concurrent ownership established . 3 . SURVEY . If a current survey was prepared, Buyer hereby represents that Buyer has obtained a survey in conjunction with this transaction and acknowledges that Buyer has had an opportunity to review the same prior to or at the time of closing this transaction , noted such matters reflected in the survey, which include, but not limited to, easements, boundary line locations, dimensions, and encroachments from Buyer ' s property onto adjoining properties, if any, and Buyer accepts title subject to the matters set forth thereon . 4 . BUYER REPRESENTS AND WARRANTS . To the best of Buyer's knowledge . A . Within the last 90 days, no mechanicsmen, materialsmen or laborers have provided services which remain unpaid for which Buyer personally contracted . OR Within the past 90 days, there have been no improvements or repairs to the subject property which costs thereon remain unpaid, other than the following for which Buyer personally contracted : for which Buyer agrees to make payment in full . Be That Buyer has inspected the property prior to closing and accepts the subject property in its present condition, or waives their right of inspection . C . Buyer represents and warrants that Buyer has not and will not execute any instrument that would adversely affect the interest being insured prior to the recording of the closing and /or loan documents in this closing, including but not limited to executing a Note , Mortgage, ( other than the lender in this closing transaction ) or a Notice of Commencement . 5 . AUTHORIZATION TO CLOSING AGENT : Buyer and Seller hereby authorize Closing Agent to procure and record all documents required to facilitate the closing of the transaction, AND to make all disbursements that appear on the Closings/ Settlement Statement. 6 . SETTLEMENT STATEMENT COSTS : This Firm strives to compile a precise and accurate Settlement Statement/Closing Statement in conjunction with the closing of this transaction . However, occasionally, certain costs and expenses are estimated on limited information available to the Closing Agent at the time of preparing the Settlement Statement/Closing Statement, which results in settlement charges that may exceed the actual INITIALS : charge ( i . e . , costs of recording documents , cost of repairs and inspections, surveys , etc . ) . Due to the administrative burden and cost of refunding monies to parties involved in the transaction , the policy of this Firm is only to reimburse overpayments totaling more than Twenty- Five Dollars ( $ 25 . 00 ) . Overpayments totaling Twenty- Five ( $ 25 . 00 ) or less shall be applied to offset additional post closing administrative costs created by the overpayment and remain the property of the Closing Agent . 7 . CORRECTION OF ERRORS : The undersigned agree to cooperate with the Closing Agent to correct techn11 ical errors or deficiencies in the drafting of any document executed at the closing, including loan documents, if any . In the event any documents which adversely affect title to the property are filed of record subsequent to the effective date of the Commitment of Title in this transaction, through the date and time of recording of the Deed to Buyer, Seller agrees to assume full responsibility for satisfaction and/or removal of same . If for any reason sufficient funds are not collected at closing by the Closing Agent to pay all persons and entities entitled to payment ( including, but not limited to : the proration or collection of real estate or personal property taxes ; any collection or proration of rents, and security deposits ; any collection or proration of homeowner association or condominium association assessments or maintenance dues ; any collection or proration of service contracts , pest control , security systems, pool maintenance, appliance maintenances any collection of payoffs for outstanding mortgages, impact fees , utilities or assessment liens ; any charge for recording or re- recording fees , documentary and / or intangible tax charge or other governmental charge ; any charge for payment of insurance premiums; any charge for payment of repairs, or inspections ) , the person or entity responsible for such payment shall forthwith pay the additional funds to Closing Agent . ( NOTE : Any sales tax due on rental properties through the end of the month of the closing shall be paid directly to the proper agency by the Seller. ) Closing Agent may file suit against the undersigned in the applicable County or Circuit Court to collect the funds, in which event, the undersigned will pay all costs and expenses incurred in such suit, including a reasonable attorney's fees, including reasonable attorneys ' fees on appeal or in any bankruptcy proceeding . The venue for ,any IF action regarding the enforcement of this provision shall be Indian River County, Florida . 8 . NET PROCEEDS : The undersigned hereby acknowledge and understand that in the event the collected funds required by the Buyer, and Buyer's loan proceeds, if any, are not received by this office by l 1 : 00 a . m . E . S . T . on the day of closing, the Closing Agent cannot guarantee available funds on that day to Seller . Although all best efforts will be made to accommodate the parties, Closing Agent may not be able to initiate wire transfers of OF proceeds on the closing date if Buyer's funds are received by Closing Agent after 11 : 00 a . m . E . S . T . Due to the complicated nature of wire transfers, Buyer acknowledges that in order to positively assure wired funds will be credited to Closing Agent's Trust Account on the day of closing, wire transfers by Buyer transmitting required funds for closing must be initiated at IF least one business day prior to closing . 9 . REAL ESTATE AGENTS / BROKERS : Buyer and Seller warrant and represent that there are no real estate brokers involved in this transaction other than those addressed on the Closing/ Settlement Statement, and will indemnify and hold harmless each other and Closing Agent for claims for compensation , and any disputes by any other person or realtor relating to , or arising from , the above - referenced transaction . 10 . CURRENT YEAR REAL ESTATE TAXES APPEARING ON THE CLOSING STATEMENT/ SETTLEMENT STATEMENT : ( x ) Buyer and Seller understand that the 200 q real estate taxes were prorated based upon the ACTUAL year 200q '' tax calculated by Debbie Gee in the Indian River County Tax Collector's office . INITIALS : N: \sur/ ey \au7uI . u � �u �y �. � � � �� • � . _ - - - - ' - - - PRD;ECT: 86901 .01 I . FGAL DESCRIPTION DRAWING DATE: 4/20/07 BA S�]K `E,RV]I LL]EE DODO 1A11 , � f � ( SECTION: 14 INNOVATIVE INFRASTRUCTURE SOLUTIONS TOWNSHIP: 31 7175 VRRELL RDAII Windsor " B " RANGE: SOUTH 39 EAST IED0DRNL, YL 32"D (321)254-3ae5 ENGRNEERIING B05TN0: E11 -00003" A parcel of Icj. d lying and , being in Section 14 , Township 31 South , Range 39 East , Tallahassee base meridian , Indian River County , Florida , being more particularly described as follows : : Commencing of the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East , Indian River County Florida ; Thence , bearing North 89' 45 ' 10 " East , along the south line of said Government lot 2 , a distance of 865 . 92 feet to a point on the easterly Right of Way line of State Road A- 1 —A, as shown on Florida Department of Transportation Right of way Map Section No . 88070 - 2102 , dated 10/ 21 / 57 ; Thence , bearing North 24' 24 ' 50 " West , along said Right of Way line , a distance of 419 . 51 feet to the Point of Beginning of the herein described parcel of land ; Thence , bearing North 24' 24 ' 50" West , along said Right of Way line , a distance of 608 . 31 feet to a point; Way line of State Road A- 1 —A, bearing North Thence , leaving said Right of 577 . 55 Feet to a point on the Mean High Water Line 89045 ' 09 " East a distance of . of the Atlantic Ocean ; Thence , bearing South 26' 18 ' 47 " East, along said Mean High Water Line , a distance of 98 . 03 feet to a point ; I along said Mean High Water line , a distance Thence , bearing South 28' 25 ' 11 " East , of 441 . 87 feet to a point ; Thence , bearing South 22' 31 ' 33 " East , along said Mean High Water line , ❑ distance of 83 . 66 feet to a point ; Thence , leaving said Mean High Water Line , bearing South 89045 ' 09 " West, o distance of 611 . 92 feet to a point on the aforesaid easterly Right of Way line of State Road A- 1 —A, and the point being the Point of Beginning . The above described parcel of land contains an area of 331 , 451 square feet or 7 . 609 acres , more or less _ Subject to any and all easements and conditions as contained within the chain of title . GENERAL NOTES : 6. THE HORIZONTAL COORDINATE SYSTEM AND BEARINGS 1 , NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE BEEN LOCATED EXCEPT THOSE SHOWN HEREOIJ, OOF019830 1g 0 ADJUSTMENTEAST ? THE CONTROL MONUMENTSONE@ NORTH AMERICAN 2. BASKERVILLE-DONOVAN , INC. CERTIFICATE OF UTILIZED TO ESTABLISH THIS SURVEY WERE FLORIDA CE MONUMENT LEGEND AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS DEPARTMENT 8P 78 A10TOF HAVINGAASPORTATION COORD NATERVALUEOF NORTHING: L90340 1 , 2551223.229 AND AN EASTING OF 847,006.325 AND POC = POINT OF COMMENCEMENT 3. THIS DRAWING NOT VALID WITHOUT THE SIGNATURE AND MONUMENT BB-7B-A11 HAVING A COORDINATE VALUE OF p08=POINT OF BEGINNING ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR k NORTHING: 1 ,251 ,561 .215 AND EASTING: 848, 668.737 NAD R/W =RIGHT OF WAY MAPPER. 83/90, SAID VALUES WERE CONVERTED FROM NAD 27 COORDINATE DATUM AS LISTED ON THE PLAT OF INDIAN PB = PLAT BOOK 4, THE INFORMATION USED FOR THE CREATION OF THIS RIVER COUNTY COASTAL CONSTRUCTION CONTROL UNE, PLAT PG = PAGE SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY BOOK 12, PAGE J2, PUBLIC RECORDS OF INDIAN RIVER NGVD29 = NATIONAL GEODETIC VERTICAL BASKERVILLE DONOVAN PROJECT NO 86901 .01 AND A COUNTY, FLORIDA DATUM OF 1929 BOUNDARY SURVEY BY KIMLEY-HORN AND ASSOCIATES, PROJECT NO 047013006 DATED 07 - 14-04 7, THE BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE, OORDINA CTE SYSTEM, EAST ZONE, 5. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, NORTH AMERICAN 'J)ATUM . F REFERENCED ABOVE ] 3, Wy1994 ADJUSTMENT, AS F. 9Y UNE FOR RIGHTS—OF— WAY AND/OR OWNERSHIP WERE FURNISHED THIS ' SURVEYOR EXCEPT AS SHOWN HEREON, A-1 -A BEAR5 N WWII '. CHECKED BY: KS REVISIONS The legal desdipli '. h . N «pared in cgmplia a ill). Nc Armimum Technical Stu ords ' •- eel' fo by . FlQriQa Board of IAa�iand Surveyor N0. BY DESCRIPTION DATE and Muppe p fi1Cl Fl lrutive. `o puiuonl la Section SCONE N/A 27 ;Slat d bel of my kno�le krhud belief. NOT VALID WI ROUT THE F.B. PAGE SIGNATURE AND THE ORIGINAL p . w RAISED SEAL OF A FLORIDA . DRAWN BY: •. -� .ata LICENSED SURYEYOR KS �1 PIERSHEET: 1 OF 2 N: \sur/ ey \au7uI . u � �u �y �. � � � �� • � . _ - - - - ' - - - PRD;ECT: 86901 .01 I . FGAL DESCRIPTION DRAWING DATE: 4/20/07 BA S�]K `E,RV]I LL]EE DODO 1A11 , � f � ( SECTION: 14 INNOVATIVE INFRASTRUCTURE SOLUTIONS TOWNSHIP: 31 7175 VRRELL RDAII Windsor " B " RANGE: SOUTH 39 EAST IED0DRNL, YL 32"D (321)254-3ae5 ENGRNEERIING B05TN0: E11 -00003" A parcel of Icj. d lying and , being in Section 14 , Township 31 South , Range 39 East , Tallahassee base meridian , Indian River County , Florida , being more particularly described as follows : : Commencing of the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East , Indian River County Florida ; Thence , bearing North 89' 45 ' 10 " East , along the south line of said Government lot 2 , a distance of 865 . 92 feet to a point on the easterly Right of Way line of State Road A- 1 —A, as shown on Florida Department of Transportation Right of way Map Section No . 88070 - 2102 , dated 10/ 21 / 57 ; Thence , bearing North 24' 24 ' 50 " West , along said Right of Way line , a distance of 419 . 51 feet to the Point of Beginning of the herein described parcel of land ; Thence , bearing North 24' 24 ' 50" West , along said Right of Way line , a distance of 608 . 31 feet to a point; Way line of State Road A- 1 —A, bearing North Thence , leaving said Right of 577 . 55 Feet to a point on the Mean High Water Line 89045 ' 09 " East a distance of . of the Atlantic Ocean ; Thence , bearing South 26' 18 ' 47 " East, along said Mean High Water Line , a distance of 98 . 03 feet to a point ; I along said Mean High Water line , a distance Thence , bearing South 28' 25 ' 11 " East , of 441 . 87 feet to a point ; Thence , bearing South 22' 31 ' 33 " East , along said Mean High Water line , ❑ distance of 83 . 66 feet to a point ; Thence , leaving said Mean High Water Line , bearing South 89045 ' 09 " West, o distance of 611 . 92 feet to a point on the aforesaid easterly Right of Way line of State Road A- 1 —A, and the point being the Point of Beginning . The above described parcel of land contains an area of 331 , 451 square feet or 7 . 609 acres , more or less _ Subject to any and all easements and conditions as contained within the chain of title . GENERAL NOTES : 6. THE HORIZONTAL COORDINATE SYSTEM AND BEARINGS 1 , NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE BEEN LOCATED EXCEPT THOSE SHOWN HEREOIJ, OOF019830 1g 0 ADJUSTMENTEAST ? THE CONTROL MONUMENTSONE@ NORTH AMERICAN 2. BASKERVILLE-DONOVAN , INC. CERTIFICATE OF UTILIZED TO ESTABLISH THIS SURVEY WERE FLORIDA CE MONUMENT LEGEND AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS DEPARTMENT 8P 78 A10TOF HAVINGAASPORTATION COORD NATERVALUEOF NORTHING: L90340 1 , 2551223.229 AND AN EASTING OF 847,006.325 AND POC = POINT OF COMMENCEMENT 3. THIS DRAWING NOT VALID WITHOUT THE SIGNATURE AND MONUMENT BB-7B-A11 HAVING A COORDINATE VALUE OF p08=POINT OF BEGINNING ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR k NORTHING: 1 ,251 ,561 .215 AND EASTING: 848, 668.737 NAD R/W =RIGHT OF WAY MAPPER. 83/90, SAID VALUES WERE CONVERTED FROM NAD 27 COORDINATE DATUM AS LISTED ON THE PLAT OF INDIAN PB = PLAT BOOK 4, THE INFORMATION USED FOR THE CREATION OF THIS RIVER COUNTY COASTAL CONSTRUCTION CONTROL UNE, PLAT PG = PAGE SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY BOOK 12, PAGE J2, PUBLIC RECORDS OF INDIAN RIVER NGVD29 = NATIONAL GEODETIC VERTICAL BASKERVILLE DONOVAN PROJECT NO 86901 .01 AND A COUNTY, FLORIDA DATUM OF 1929 BOUNDARY SURVEY BY KIMLEY-HORN AND ASSOCIATES, PROJECT NO 047013006 DATED 07 - 14-04 7, THE BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE, OORDINA CTE SYSTEM, EAST ZONE, 5. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, NORTH AMERICAN 'J)ATUM . F REFERENCED ABOVE ] 3, Wy1994 ADJUSTMENT, AS F. 9Y UNE FOR RIGHTS—OF— WAY AND/OR OWNERSHIP WERE FURNISHED THIS ' SURVEYOR EXCEPT AS SHOWN HEREON, A-1 -A BEAR5 N WWII '. CHECKED BY: KS REVISIONS The legal desdipli '. h . N «pared in cgmplia a ill). Nc Armimum Technical Stu ords ' •- eel' fo by . FlQriQa Board of IAa�iand Surveyor N0. BY DESCRIPTION DATE and Muppe p fi1Cl Fl lrutive. `o puiuonl la Section SCONE N/A 27 ;Slat d bel of my kno�le krhud belief. NOT VALID WI ROUT THE F.B. PAGE SIGNATURE AND THE ORIGINAL p . w RAISED SEAL OF A FLORIDA . DRAWN BY: •. -� .ata LICENSED SURYEYOR KS �1 PIERSHEET: 1 OF 2 charge ( i . e . , costs of recording documents , cost of repairs and inspections, surveys , etc . ) . Due to the administrative burden and cost of refunding monies to parties involved in the transaction , the policy of this Firm is only to reimburse overpayments totaling more than Twenty- Five Dollars ( $ 25 . 00 ) . Overpayments totaling Twenty- Five ( $ 25 . 00 ) or less shall be applied to offset additional post closing administrative costs created by the overpayment and remain the property of the Closing Agent . 7 . CORRECTION OF ERRORS : The undersigned agree to cooperate with the Closing Agent to correct techn11 ical errors or deficiencies in the drafting of any document executed at the closing, including loan documents, if any . In the event any documents which adversely affect title to the property are filed of record subsequent to the effective date of the Commitment of Title in this transaction, through the date and time of recording of the Deed to Buyer, Seller agrees to assume full responsibility for satisfaction and/or removal of same . If for any reason sufficient funds are not collected at closing by the Closing Agent to pay all persons and entities entitled to payment ( including, but not limited to : the proration or collection of real estate or personal property taxes ; any collection or proration of rents, and security deposits ; any collection or proration of homeowner association or condominium association assessments or maintenance dues ; any collection or proration of service contracts , pest control , security systems, pool maintenance, appliance maintenances any collection of payoffs for outstanding mortgages, impact fees , utilities or assessment liens ; any charge for recording or re- recording fees , documentary and / or intangible tax charge or other governmental charge ; any charge for payment of insurance premiums; any charge for payment of repairs, or inspections ) , the person or entity responsible for such payment shall forthwith pay the additional funds to Closing Agent . ( NOTE : Any sales tax due on rental properties through the end of the month of the closing shall be paid directly to the proper agency by the Seller. ) Closing Agent may file suit against the undersigned in the applicable County or Circuit Court to collect the funds, in which event, the undersigned will pay all costs and expenses incurred in such suit, including a reasonable attorney's fees, including reasonable attorneys ' fees on appeal or in any bankruptcy proceeding . The venue for ,any IF action regarding the enforcement of this provision shall be Indian River County, Florida . 8 . NET PROCEEDS : The undersigned hereby acknowledge and understand that in the event the collected funds required by the Buyer, and Buyer's loan proceeds, if any, are not received by this office by l 1 : 00 a . m . E . S . T . on the day of closing, the Closing Agent cannot guarantee available funds on that day to Seller . Although all best efforts will be made to accommodate the parties, Closing Agent may not be able to initiate wire transfers of OF proceeds on the closing date if Buyer's funds are received by Closing Agent after 11 : 00 a . m . E . S . T . Due to the complicated nature of wire transfers, Buyer acknowledges that in order to positively assure wired funds will be credited to Closing Agent's Trust Account on the day of closing, wire transfers by Buyer transmitting required funds for closing must be initiated at IF least one business day prior to closing . 9 . REAL ESTATE AGENTS / BROKERS : Buyer and Seller warrant and represent that there are no real estate brokers involved in this transaction other than those addressed on the Closing/ Settlement Statement, and will indemnify and hold harmless each other and Closing Agent for claims for compensation , and any disputes by any other person or realtor relating to , or arising from , the above - referenced transaction . 10 . CURRENT YEAR REAL ESTATE TAXES APPEARING ON THE CLOSING STATEMENT/ SETTLEMENT STATEMENT : ( x ) Buyer and Seller understand that the 200 q real estate taxes were prorated based upon the ACTUAL year 200q '' tax calculated by Debbie Gee in the Indian River County Tax Collector's office . INITIALS : 1 1 . SUITABILITY OF PROPERTY AND IMPROVEMENTS : In light of the limited role of this Firm , as Closing Agent in this transaction, to administer the closing and facilitate the issuance of title insurance, this Firm has not made and does not make any inquiries, investigations or representations as to the ( a ) physical or environmental condition of the Property, any improvements thereto, or any materials thereon ; or ( b ) suitability of the Property for any particular use . 12 . DISBURSEMENT AUTHORIZATION , ETC . : Closing Agent does not assume any liability or responsibility for any collection or proration for usage charges by any utility . Closing Agent does not assume any responsibility or liability for the collection of rents, gas/ electricity, taxes on personal property, garbage taxes or fees , license fees or taxes, service/ maintenance contracts ( pest control, appliance maintenance, pool care, lawn ( are, alarm systems, etc . ) , association assessments or dues, or estoppel information furnished by Mortgagees or others . Closing Agent does not assume liability for survey charges or expenses associated with property inspections or loan considerations . The Settlement Statement has been reviewed and approved and the Closing Agent is authorized and directed to complete the closing of the transaction and make disbursement in accordance therewith . In the event of a mortgage assumption , if Seller has received a credit for the escrow account balance, then Seller hereby assigns all right, title, and interest in said account to. Buyer . 13 , VOLUNTARY EXECUTION : BUYER and SELLER have signed the closing documents, including this Closing Agreement, freely and voluntarily intending to be bound thereby . Buyer and Seller acknowledge that this Agreement is being provided for the law firm of COLLINS , BROWN , CALDWELL, BARKETT 8t GARAVAG LIA, CHARTERED to serve as the Closing Agent and for the Title Agent, BRUCE BARKETT, and the Title Underwriter, to issue title insurance on the subject transaction . 14 . FACSIMILIE/COUNTERPARTS : This Agreement may be executed in any number of duplicate originals or facsimile copy and any such duplicate original or facsimile copies: shall be deemed to constitute one and the same instrument . 15 . Seller, Buyer, and Borrower are used for singular or plural, as the context so requires or admits . 16 . Additional clauses : NONE . BUYER : SELLER : INDIAN RIVER COUNTY , FLORIDA WINDSOR PROPERTIES A Political Subdivision of the State of Florida A Florida General Partnership BY : Torwest, Inc . , a Florida corporation B . / General Pa er Name Printed . r As its : BY : Name PHd :Mark Justice As Its : Pr dident DATE : a ' , 200 DATE : Qec�.Nti�i�. 23 , 2008 APPROVED AS TO FORM AN I AL JJR7 OY - WILLIAM K . I_aEFARAAL LlEi' E ) "iYGOI ] f�,I , fylf ilijc) lti � L-Y i STATE OF FLORIDA COUNTY OF � .- . 2009 . w t and subscribed before me this da of Sworn o b y , by VjtdSw i s as Chi rma rj of 4e. f 4,1600Lrd o -F urn �� C�ornm ,`ssr' on ,er' s o j Indian River County , Florida , a political subdivision of the State of Florida , on its behalf, who is either : �I ( J�personally known tome OR i, O produced a driver ' s license as identification . I APPROVED AS TO FORM AYVE� � o - ere 'y tsy - - �--�- Name Printed : QSa .*td /�t L , GUr, y kr WILLIAfti K . t� EkiRRuML 0EPUTYC0lJN1 YAP') CiR1%4EY Notary Public , State of Florida at Large My Commission Expires : M Commission No . : EK otary Public ; ( ate of Florida }� andra WryAt y Cr. m on DD782733 xna - �b2U12 Ali i STATE OF FLORIDA COUNTY OF � .- . 2009 . w t and subscribed before me this da of Sworn o b y , by VjtdSw i s as Chi rma rj of 4e. f 4,1600Lrd o -F urn �� C�ornm ,`ssr' on ,er' s o j Indian River County , Florida , a political subdivision of the State of Florida , on its behalf, who is either : �I ( J�personally known tome OR i, O produced a driver ' s license as identification . I APPROVED AS TO FORM AYVE� � o - ere 'y tsy - - �--�- Name Printed : QSa .*td /�t L , GUr, y kr WILLIAfti K . t� EkiRRuML 0EPUTYC0lJN1 YAP') CiR1%4EY Notary Public , State of Florida at Large My Commission Expires : M Commission No . : EK otary Public ; ( ate of Florida }� andra WryAt y Cr. m on DD782733 xna - �b2U12 Ali 1 1 . SUITABILITY OF PROPERTY AND IMPROVEMENTS : In light of the limited role of this Firm , as Closing Agent in this transaction, to administer the closing and facilitate the issuance of title insurance, this Firm has not made and does not make any inquiries, investigations or representations as to the ( a ) physical or environmental condition of the Property, any improvements thereto, or any materials thereon ; or ( b ) suitability of the Property for any particular use . 12 . DISBURSEMENT AUTHORIZATION , ETC . : Closing Agent does not assume any liability or responsibility for any collection or proration for usage charges by any utility . Closing Agent does not assume any responsibility or liability for the collection of rents, gas/ electricity, taxes on personal property, garbage taxes or fees , license fees or taxes, service/ maintenance contracts ( pest control, appliance maintenance, pool care, lawn ( are, alarm systems, etc . ) , association assessments or dues, or estoppel information furnished by Mortgagees or others . Closing Agent does not assume liability for survey charges or expenses associated with property inspections or loan considerations . The Settlement Statement has been reviewed and approved and the Closing Agent is authorized and directed to complete the closing of the transaction and make disbursement in accordance therewith . In the event of a mortgage assumption , if Seller has received a credit for the escrow account balance, then Seller hereby assigns all right, title, and interest in said account to. Buyer . 13 , VOLUNTARY EXECUTION : BUYER and SELLER have signed the closing documents, including this Closing Agreement, freely and voluntarily intending to be bound thereby . Buyer and Seller acknowledge that this Agreement is being provided for the law firm of COLLINS , BROWN , CALDWELL, BARKETT 8t GARAVAG LIA, CHARTERED to serve as the Closing Agent and for the Title Agent, BRUCE BARKETT, and the Title Underwriter, to issue title insurance on the subject transaction . 14 . FACSIMILIE/COUNTERPARTS : This Agreement may be executed in any number of duplicate originals or facsimile copy and any such duplicate original or facsimile copies: shall be deemed to constitute one and the same instrument . 15 . Seller, Buyer, and Borrower are used for singular or plural, as the context so requires or admits . 16 . Additional clauses : NONE . BUYER : SELLER : INDIAN RIVER COUNTY , FLORIDA WINDSOR PROPERTIES A Political Subdivision of the State of Florida A Florida General Partnership BY : Torwest, Inc . , a Florida corporation B . / General Pa er Name Printed . r As its : BY : Name PHd :Mark Justice As Its : Pr dident DATE : a ' , 200 DATE : Qec�.Nti�i�. 23 , 2008 APPROVED AS TO FORM AN I AL JJR7 OY - WILLIAM K . I_aEFARAAL LlEi' E ) "iYGOI ] f�,I , fylf ilijc) lti � L-Y Prepared by and return to : Bruce Barkett , Esq . Collins , Brown , Caldwell , Burkett & Garavaglia, Chartered 756 Beachland Blvd . Vero Beach , FL 32963 ( P ) 772/231 -4343 Parcel I . D . Number : Part of 31 39 14 00000 0020 00003 /0 QUITCLAIM DEED THIS QUITCLAIM DEED , made this c day of — , 2009 , by INDIAN RIVER COUNTY , FLORIDA , a political subdivision oft State of Florida, ( Grantor) for and in consideration of the sum of TEN AND NO / 100 DOLLARS ($ 10 . 00 ) , and other good and valuable consideration , to it in hand paid, has remised , released and quitclaimed , and by these presents does remise , release and quitclaim , unto the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, ( Grantee) whose mailing address is c/o Florida Department of Environmental Protection , Division of State Lands , 3900 Commonwealth Blvd . , Mail Station 115 , Tallahassee , Florida 32399 - 3000 , and assigns , all right, title , interest and claim and demand arising out of the following reservation recorded in Official Record Book 1451 , page 2379 , Public Records of Indian River County , Florida, to wit : * * * * * The Grantor herein reserves the right of re- entry upon breach of condition as to an undivided 1/z interest in the lands conveyed herein , which right of re-entry is an interest in real property . The right of re-entry may be enforced by the Grantor only through legal or equitable action in a court of competent jurisdiction in the event that either of the following events occur without the consent of the Grantor : 1 ) Sale or conveyance of an interest in all or any part of the lands described in Exhibit " A " (not including leases for management purposes) ; or 2 ) a change in the use of such lands from environmental protection , conservation and resource- related recreation purposes for which the property was acquired by the Grantee . The above stated conditions and the right of re- entry reserved by Grantor shall remain in effect for a term of 15 years from the date of recording of this instrument. The right of re- entry retained by Grantor is not assignable or transferable by Grantor, and no action or failure to act on part of the Grantor shall cause a breach of the conditions stated herein which give the Grantor the right of re-entry . The above stated conditions and reserved right of re-entry shall automatically terminate and expire 15 years after the date of recording of this instrument, and no instrument of release or termination shall be required . Grantee ' s ownership shall be consistent with all applicable statutory provisions in effect on the date of this Deed . * * * * * insofar as said reservation affects the following described land lying and being in Indian River County , Florida : The South 300 feet of the North 600 feet of Government Lot 2 , Section 14 , Township 31 South , Range 39 East, lying East of State Road A41 A , Less and Except the South 200 feet thereof. Said land lying and being in Indian River County , Florida . IN WITNESS WHEREOF , the Grantor has caused these presents to be executed in its name and by its Board of County Commissioners , acting by the Chairman or Vice Chairman of said Board , the day and year aforesaid . ATTEST JEFFREY K . BARYON Clerk of Court INDIAN RIVER COUNTY , FLORIDA A political subdivision of the State of Florida ( BY : : / ® i C BY : its F of � , unty o sioners Name Printed : Ma gree, i Ge X40 BYx ' Name Painted : Wes ley S . Davis Deputy Clerk of Circuit Court Title : Chairman Address : 180127 "' Street Approved as to form ,and� Vero Bea;; h , FL 32960 legal sufficiency :�/1�✓G l k� BCC approved : November 7, , 2006 . Name Printed : w,'t ( Official Seal ) Title : (� � �� y C � .. �� l/� rxx' y O . ram( � N W U O . ram( � N W U Prepared by and return to : Bruce Barkett , Esq . Collins , Brown , Caldwell , Burkett & Garavaglia, Chartered 756 Beachland Blvd . Vero Beach , FL 32963 ( P ) 772/231 -4343 Parcel I . D . Number : Part of 31 39 14 00000 0020 00003 /0 QUITCLAIM DEED THIS QUITCLAIM DEED , made this c day of — , 2009 , by INDIAN RIVER COUNTY , FLORIDA , a political subdivision oft State of Florida, ( Grantor) for and in consideration of the sum of TEN AND NO / 100 DOLLARS ($ 10 . 00 ) , and other good and valuable consideration , to it in hand paid, has remised , released and quitclaimed , and by these presents does remise , release and quitclaim , unto the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, ( Grantee) whose mailing address is c/o Florida Department of Environmental Protection , Division of State Lands , 3900 Commonwealth Blvd . , Mail Station 115 , Tallahassee , Florida 32399 - 3000 , and assigns , all right, title , interest and claim and demand arising out of the following reservation recorded in Official Record Book 1451 , page 2379 , Public Records of Indian River County , Florida, to wit : * * * * * The Grantor herein reserves the right of re- entry upon breach of condition as to an undivided 1/z interest in the lands conveyed herein , which right of re-entry is an interest in real property . The right of re-entry may be enforced by the Grantor only through legal or equitable action in a court of competent jurisdiction in the event that either of the following events occur without the consent of the Grantor : 1 ) Sale or conveyance of an interest in all or any part of the lands described in Exhibit " A " (not including leases for management purposes) ; or 2 ) a change in the use of such lands from environmental protection , conservation and resource- related recreation purposes for which the property was acquired by the Grantee . The above stated conditions and the right of re- entry reserved by Grantor shall remain in effect for a term of 15 years from the date of recording of this instrument. The right of re- entry retained by Grantor is not assignable or transferable by Grantor, and no action or failure to act on part of the Grantor shall cause a breach of the conditions stated herein which give the Grantor the right of re-entry . The above stated conditions and reserved right of re-entry shall automatically terminate and expire 15 years after the date of recording of this instrument, and no instrument of release or termination shall be required . Grantee ' s ownership shall be consistent with all applicable statutory provisions in effect on the date of this Deed . * * * * * insofar as said reservation affects the following described land lying and being in Indian River County , Florida : The South 300 feet of the North 600 feet of Government Lot 2 , Section 14 , Township 31 South , Range 39 East, lying East of State Road A41 A , Less and Except the South 200 feet thereof. Said land lying and being in Indian River County , Florida . IN WITNESS WHEREOF , the Grantor has caused these presents to be executed in its name and by its Board of County Commissioners , acting by the Chairman or Vice Chairman of said Board , the day and year aforesaid . ATTEST JEFFREY K . BARYON Clerk of Court INDIAN RIVER COUNTY , FLORIDA A political subdivision of the State of Florida ( BY : : / ® i C BY : its F of � , unty o sioners Name Printed : Ma gree, i Ge X40 BYx ' Name Painted : Wes ley S . Davis Deputy Clerk of Circuit Court Title : Chairman Address : 180127 "' Street Approved as to form ,and� Vero Bea;; h , FL 32960 legal sufficiency :�/1�✓G l k� BCC approved : November 7, , 2006 . Name Printed : w,'t ( Official Seal ) Title : (� � �� y C � .. �� l/� rxx' y TITLE POSSESSION & LIEN AFFIDAVIT BEFORE ME , the undersigned authority , personally appeared Wesley S . Davis as Chaitman of Indian River County , Florida , a political subdivision of the State of Florida , ( "Affiant") being first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County , Florida , a political subdivision of the State of Florida , ( " Seller") , to COMMONWEALTH LAND TITLE INSURANCE COMPANY\ Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , ( "title insurer") , to induce title insurer to insure the subject property and to induce Windsor Properties , a Florida general partnership , ( " Buyer" ) , to purchase that certain property described on Exhibit " A" as Windsor " B " , and he further states : 1 . That the Affiant has personal knowledge of the matters set forth herein , and he has been authorized by the Seller to make this Affidavit on the Seller ' s behalf. 2 . The Indian River County, Florida , a political subdivision of the State of Florida , is the owner in fee simple and is in possession of the real property together with the improvements located thereon , if any , ( hereinafter the " property" ) described as follows . See Exhibit " A" describing Windsor " B " attached hereto and by this reference made a part hereof. 3 . The property is free and clear of all liens , taxes , encumbrances , and claims of every kind , nature and description whatsoever , except for easements , restrictions , or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Buyer in this transaction pursuant to the title commitment issued in this transaction . 4 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date , and the recording of the fee simple interest to be insured , and to the best of Affiant ' s knowledge , Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured . 5 . Seller has undisputed possession of the property ; to Affiant ' s knowledge there is no person or entity in possession or who has any possessory right in the property , or the proceeds from the sale thereof; and Affiant knows of no defects in the property title . 6 . No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date of 20 , at 8 : 00 a . m . , there are no unrecorded laborer ' s , mechanic ' s , or materialmen ' s liens against the property , and no material has been furnished to the property for which payment has not been paid in full . 7 . Within the past 90 days , there have been no improvements , alterations , or repairs to the property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same , which remain unpaid . 8 . There are no due , or to come due , unpaid bills , liens , or assessments for mowing , water , sanitary sewers , paving or other public utilities , or improvements made by any governmental authority . Should any bill be found which relates to the period RE : Windsor " B " CLOSING AGREEMENT The undersigned hereby authorize the law firm of Collins, Brown , Caldwell, Barlkett 8z Garavaglia , Chtd . ( " Closing Agent" ) to close the transaction between INDIAN RIVER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORDA, ( " SELLER" ) AND WINDSOR PROPERTIES , A FLORIDA GENERAL PARTNERSHIP', ( " BUYER " ) : 1 . CLOSING AGENT REPRESENTATION . The Closing Agent represents the ( ) SELLER ., ( X ) BUYER ( ) LENDER in this transaction . Any closing fee charged to non - represented party by the Closing Agent does not establish an attorney/client relationship between the non - represented party and the Closing Agent . 2 . BUYER HAS REVIEWED TITLE INSURANCE COMMITMENT. Buyer hereby represents that Buyer has received the Commitment for Title Insurance issued in conjunction with this transaction, and has had the opportunity to review same prior to closing . Buyer has carefully reviewed the instrument of conveyance ( i . e . Deed ) , and acknowledges that Buyer is taking title to the property in the manner desired by Buyer . It is the Buyer ' s sole responsibility to secure independent legal counsel , if necessary, to understand the legal implications of the applicable concurrent ownership established . 3 . SURVEY . If a current surveywas prepared Buyer hereby represents that Buyer has Y obtained a survey in conjunction with this transaction and acknowledges that Buyer has had an opportunity to review the same prior to or at the time of closing this transaction , noted such matters reflected in the survey, which include, but not limited to, easements, boundary line locations, dimensions, and encroachments from Buyer ' s property onto adjoining properties, if any, and Buyer accepts title subject to the matters set forth thereon . 4 . BUYER REPRESENTS AND WARRANTS . To the best of Buyer's knowledge . A . Within the last 90 days, no mechanicsmen , materialsmen or laborers have provided services which remain unpaid for which Buyer personally contracted . OR Within the past 90 days, there have been no improvements or repairs to the subject property which costs thereon remain unpaid , other than the following for which Buyer personally contracted : for which Buyer agrees to make payment in full . Be That Buyer has inspected the property prior to closing and accepts the subject property in its present condition , or waives their right of inspection . C . Buyer represents and warrants that Buyer has not and will not execute any instrument that would adversely affect the interest being insured prior to the recording of the closing and/or loan documents in this closing, including but not limited to executing a Note, Mortgage, ( other than the lender in thi:; closing transaction ) or a Notice of Commencement. 5 . AUTHORIZATION TO CLOSING AGENT : Buyer and Seller hereby authorize Closing Agent to procure and record all documents required to facilitate the closing of the transaction , AND to make all disbursements that appear on the Closings/ Settlement Statement. 6 . SETTLEMENT STATEMENT COSTS : This Firm strives to compile a precise and accurate Settlement Statement/Closing Statement in conjunction with the closing of this transaction . However, occasionally, certain costs and expenses are estimated on limited information available to the Closing Agent at the time of preparing the Settlement Statement/Closing Statement, which results in settlement charges that may exceed the actual INITIALS . /�i RE : Windsor " B " CLOSING AGREEMENT The undersigned hereby authorize the law firm of Collins, Brown , Caldwell, Barlkett 8z Garavaglia , Chtd . ( " Closing Agent" ) to close the transaction between INDIAN RIVER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORDA, ( " SELLER" ) AND WINDSOR PROPERTIES , A FLORIDA GENERAL PARTNERSHIP', ( " BUYER " ) : 1 . CLOSING AGENT REPRESENTATION . The Closing Agent represents the ( ) SELLER ., ( X ) BUYER ( ) LENDER in this transaction . Any closing fee charged to non - represented party by the Closing Agent does not establish an attorney/client relationship between the non - represented party and the Closing Agent . 2 . BUYER HAS REVIEWED TITLE INSURANCE COMMITMENT. Buyer hereby represents that Buyer has received the Commitment for Title Insurance issued in conjunction with this transaction, and has had the opportunity to review same prior to closing . Buyer has carefully reviewed the instrument of conveyance ( i . e . Deed ) , and acknowledges that Buyer is taking title to the property in the manner desired by Buyer . It is the Buyer ' s sole responsibility to secure independent legal counsel , if necessary, to understand the legal implications of the applicable concurrent ownership established . 3 . SURVEY . If a current surveywas prepared Buyer hereby represents that Buyer has Y obtained a survey in conjunction with this transaction and acknowledges that Buyer has had an opportunity to review the same prior to or at the time of closing this transaction , noted such matters reflected in the survey, which include, but not limited to, easements, boundary line locations, dimensions, and encroachments from Buyer ' s property onto adjoining properties, if any, and Buyer accepts title subject to the matters set forth thereon . 4 . BUYER REPRESENTS AND WARRANTS . To the best of Buyer's knowledge . A . Within the last 90 days, no mechanicsmen , materialsmen or laborers have provided services which remain unpaid for which Buyer personally contracted . OR Within the past 90 days, there have been no improvements or repairs to the subject property which costs thereon remain unpaid , other than the following for which Buyer personally contracted : for which Buyer agrees to make payment in full . Be That Buyer has inspected the property prior to closing and accepts the subject property in its present condition , or waives their right of inspection . C . Buyer represents and warrants that Buyer has not and will not execute any instrument that would adversely affect the interest being insured prior to the recording of the closing and/or loan documents in this closing, including but not limited to executing a Note, Mortgage, ( other than the lender in thi:; closing transaction ) or a Notice of Commencement. 5 . AUTHORIZATION TO CLOSING AGENT : Buyer and Seller hereby authorize Closing Agent to procure and record all documents required to facilitate the closing of the transaction , AND to make all disbursements that appear on the Closings/ Settlement Statement. 6 . SETTLEMENT STATEMENT COSTS : This Firm strives to compile a precise and accurate Settlement Statement/Closing Statement in conjunction with the closing of this transaction . However, occasionally, certain costs and expenses are estimated on limited information available to the Closing Agent at the time of preparing the Settlement Statement/Closing Statement, which results in settlement charges that may exceed the actual INITIALS . /�i TITLE POSSESSION & LIEN AFFIDAVIT BEFORE ME , the undersigned authority , personally appeared Wesley S . Davis as Chaitman of Indian River County , Florida , a political subdivision of the State of Florida , ( "Affiant") being first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County , Florida , a political subdivision of the State of Florida , ( " Seller") , to COMMONWEALTH LAND TITLE INSURANCE COMPANY\ Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , ( "title insurer") , to induce title insurer to insure the subject property and to induce Windsor Properties , a Florida general partnership , ( " Buyer" ) , to purchase that certain property described on Exhibit " A" as Windsor " B " , and he further states : 1 . That the Affiant has personal knowledge of the matters set forth herein , and he has been authorized by the Seller to make this Affidavit on the Seller ' s behalf. 2 . The Indian River County, Florida , a political subdivision of the State of Florida , is the owner in fee simple and is in possession of the real property together with the improvements located thereon , if any , ( hereinafter the " property" ) described as follows . See Exhibit " A" describing Windsor " B " attached hereto and by this reference made a part hereof. 3 . The property is free and clear of all liens , taxes , encumbrances , and claims of every kind , nature and description whatsoever , except for easements , restrictions , or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Buyer in this transaction pursuant to the title commitment issued in this transaction . 4 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date , and the recording of the fee simple interest to be insured , and to the best of Affiant ' s knowledge , Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured . 5 . Seller has undisputed possession of the property ; to Affiant ' s knowledge there is no person or entity in possession or who has any possessory right in the property , or the proceeds from the sale thereof; and Affiant knows of no defects in the property title . 6 . No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date of 20 , at 8 : 00 a . m . , there are no unrecorded laborer ' s , mechanic ' s , or materialmen ' s liens against the property , and no material has been furnished to the property for which payment has not been paid in full . 7 . Within the past 90 days , there have been no improvements , alterations , or repairs to the property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same , which remain unpaid . 8 . There are no due , or to come due , unpaid bills , liens , or assessments for mowing , water , sanitary sewers , paving or other public utilities , or improvements made by any governmental authority . Should any bill be found which relates to the period Jrti TITLE , POSSESSION & LIEN AFFIDAVIT BEFORE ME , the undersigned authority , personally appeared Wesley S . Davis as Chaitman of Indian River County, Florida , a political subdivision of the State of Florida , ( "Affiant") being first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County , Florida , a political subdivision of the State of Florida , (" Seller") , to COMMONWEALTH LAND TITLE INSURANCE COMPANY\ Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , ( "title insurer") , to induce title insurer to insure the subject property and to induce Windsor Properties , a Florida general partnership , ( "Buyer") , to purchase that certain property described on Exhibit " A" as Windsor " B " , and he further states : 1 . That the Affiant has personal knowledge of the matters set forth herein, and he has been authorized by the Seller to make this Affidavit on the Seller ' s behalf. 2 . The Indian River County, Florida , a political subdivision of the State of Florida , is the owner in fee simple and is in possession of the real property together with the improvements located thereon , if any , (hereinafter the " property" ) described as follows : See Exhibit " A" describing Windsor " B " attached hereto and by this reference made a part hereof. 3 . The property is free and clear of all liens , taxes , encumbrances , and claims of every kind , nature and description whatsoever , except for easements , restrictions , or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Buyer in this transaction pursuant to the title commitment issued in this transaction . 4 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date , and the recording of the fee simple interest to be insured , and to the best of Affiant ' s knowledge , Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured . 5 . Seller has undisputed possession of the property ; to Affiant ' s knowledge there is no person or entity in possession or who has any possessory right in the property , or the proceeds from the sale thereof; and Affiant knows of no defects in the property title . 6 . No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date of 20 , at 5 : 00 a . m . , there are no unrecorded laborer ' s , mechanic ' s , or materialmen ' s liens against the property , and no material has been furnished to the property for which payment has not been paid in full . 7 . Within the past 90 days , there have been no improvements , alterations , or repairs to the property for which the costs thereof remain unpaid , and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same , which remain unpaid . 8 . There are no due , or to come due , unpaid bills , liens , or assessments for mowing, water, sanitary sewers , paving or other public utilities , or improvements made by any governmental authority . Should any bill be found which relates to the period airs and inspections, surveys , etc . ) . C ( i . e . , costs of recording documents , cost of rep p , Due to the administrative burden and cost of refunding monies to parties involved in the transaction , the policy of this Firm is only to reimburse overpayments totaling more than Twenty- Five Dollars ( $ 25 . 00 ) . Overpayments totaling Twenty- Five ( $ 25 . 00 ) or less shall be applied to offset additional post closing administrative costs created by the overpayment and remain the property of the Closing Agent. cooperate with the Closing coo 7 . CORRECTION OF ERRORS : The undersigned agree to p Agent to correct technical errors or deficiencies in the drafting of any document executed at the closing, including loan documents, if any . In the event any documents which adversely affect title to the property are filed of record subsequent to the effective date of the 11 Commitment of Title in this transaction , through the date and time of recording of the Deed to Buyer, Seller agrees to assume full responsibility for satisfaction and / or removal of same . If for any reason sufficient funds are not collected at closing by the Closing Agent to pay ( Including, but not limited to : the proration or all persons and entities entitled to payment , ( g, I collection of real estate or personal property taxes ; any collection or proration of rents, and osits ° an collection or proration of homeowner association or condominium security dep Y association assessments or maintenance dues; any collection or proration of service contracts, i . e . , pest control , security systems , pool maintenance, appliance maintenance; any collection i of payoffs for outstanding mortgages, impact fees, utilities intangible tax chargeiorsother jo any charge for recording or re - recording 'fees, documentary an d /o g governmental charge; any charge for payment of insurance premiums ; any charge for payment of repairs, or inspections ) , the person or entity responsible for such payment shall forthwith pay the additional funds to Closing Agent. ( NOTE : Any sales tax due on rental properties through the end of the month of the closing shall be paid directly to the proper g a file suit b agency by may against the undersigned in the applicable the Seller . ) Closing Agent y County or Circuit Court to collect the funds, in which event, the undersigned will pay all costs and expenses incurred in such suit, including a reasonable attorney' s fees, including fees on appeal or in any bankruptcy proceeding . The venue for any reasonable attorneys ' f pp action regarding the enforcement of this provision shall be Indian River County, Florida . S : The undersigned hereby acknowledge and understand that in the g . NET PROCEED event the collected funds required by the Buyer, and Buyer's loan proceeds , if any, are not received by this office by 11 : 00 a . m . E . S . T . on the day of closing, the Closing Agent cannot guarantee available funds on that day to Seller . Although all best efforts will be made to accommodate the parties , Closing Agent may not be able to initiate wire transfers of Seller' s proceeds on the closing date if Buyer' s funds are received by Closing Agent after 1 1 : 010 a . m . E . S . T . Due to the complicated nature of wire transfers, Buyer acknowledges that in order to positively assure wired funds will be credited to Closing Agent's Trust Account on the day of closing, wire transfers by Buyer transmitting required funds for closing must be initiated at least one business day prior to closing . 9 . REAL ESTATE AGENTS/ BROKERS : Buyer and Seller warrant and represent that there are no real estate brokers involved in this transaction other than those addressed on the will indemnify and hold harmless each other and Closing Closing/ Settlement Statement, and di by any other person or realtor relating Agent for claims for compensation , and any d to , or arising from, the above - referenced transaction . 10 . CURRENT YEAR REAL ESTATE TAXES APPEARING ON THE CLOSING STATEMENT/ SETTLEMENT STATEMENT : ( x ) Buyer and Seller understand that the 20C OtC9 real estate ax calculated byxes were prorated Debbie Gee in the based upon the ACTUAL year Indian River County Tax Collector's office . INITIALS : KAW) airs and inspections, surveys , etc . ) . C ( i . e . , costs of recording documents , cost of rep p , Due to the administrative burden and cost of refunding monies to parties involved in the transaction , the policy of this Firm is only to reimburse overpayments totaling more than Twenty- Five Dollars ( $ 25 . 00 ) . Overpayments totaling Twenty- Five ( $ 25 . 00 ) or less shall be applied to offset additional post closing administrative costs created by the overpayment and remain the property of the Closing Agent. cooperate with the Closing coo 7 . CORRECTION OF ERRORS : The undersigned agree to p Agent to correct technical errors or deficiencies in the drafting of any document executed at the closing, including loan documents, if any . In the event any documents which adversely affect title to the property are filed of record subsequent to the effective date of the 11 Commitment of Title in this transaction , through the date and time of recording of the Deed to Buyer, Seller agrees to assume full responsibility for satisfaction and / or removal of same . If for any reason sufficient funds are not collected at closing by the Closing Agent to pay ( Including, but not limited to : the proration or all persons and entities entitled to payment , ( g, I collection of real estate or personal property taxes ; any collection or proration of rents, and osits ° an collection or proration of homeowner association or condominium security dep Y association assessments or maintenance dues; any collection or proration of service contracts, i . e . , pest control , security systems , pool maintenance, appliance maintenance; any collection i of payoffs for outstanding mortgages, impact fees, utilities intangible tax chargeiorsother jo any charge for recording or re - recording 'fees, documentary an d /o g governmental charge; any charge for payment of insurance premiums ; any charge for payment of repairs, or inspections ) , the person or entity responsible for such payment shall forthwith pay the additional funds to Closing Agent. ( NOTE : Any sales tax due on rental properties through the end of the month of the closing shall be paid directly to the proper g a file suit b agency by may against the undersigned in the applicable the Seller . ) Closing Agent y County or Circuit Court to collect the funds, in which event, the undersigned will pay all costs and expenses incurred in such suit, including a reasonable attorney' s fees, including fees on appeal or in any bankruptcy proceeding . The venue for any reasonable attorneys ' f pp action regarding the enforcement of this provision shall be Indian River County, Florida . S : The undersigned hereby acknowledge and understand that in the g . NET PROCEED event the collected funds required by the Buyer, and Buyer's loan proceeds , if any, are not received by this office by 11 : 00 a . m . E . S . T . on the day of closing, the Closing Agent cannot guarantee available funds on that day to Seller . Although all best efforts will be made to accommodate the parties , Closing Agent may not be able to initiate wire transfers of Seller' s proceeds on the closing date if Buyer' s funds are received by Closing Agent after 1 1 : 010 a . m . E . S . T . Due to the complicated nature of wire transfers, Buyer acknowledges that in order to positively assure wired funds will be credited to Closing Agent's Trust Account on the day of closing, wire transfers by Buyer transmitting required funds for closing must be initiated at least one business day prior to closing . 9 . REAL ESTATE AGENTS/ BROKERS : Buyer and Seller warrant and represent that there are no real estate brokers involved in this transaction other than those addressed on the will indemnify and hold harmless each other and Closing Closing/ Settlement Statement, and di by any other person or realtor relating Agent for claims for compensation , and any d to , or arising from, the above - referenced transaction . 10 . CURRENT YEAR REAL ESTATE TAXES APPEARING ON THE CLOSING STATEMENT/ SETTLEMENT STATEMENT : ( x ) Buyer and Seller understand that the 20C OtC9 real estate ax calculated byxes were prorated Debbie Gee in the based upon the ACTUAL year Indian River County Tax Collector's office . INITIALS : KAW) Jrti TITLE , POSSESSION & LIEN AFFIDAVIT BEFORE ME , the undersigned authority , personally appeared Wesley S . Davis as Chaitman of Indian River County, Florida , a political subdivision of the State of Florida , ( "Affiant") being first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County , Florida , a political subdivision of the State of Florida , (" Seller") , to COMMONWEALTH LAND TITLE INSURANCE COMPANY\ Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , ( "title insurer") , to induce title insurer to insure the subject property and to induce Windsor Properties , a Florida general partnership , ( "Buyer") , to purchase that certain property described on Exhibit " A" as Windsor " B " , and he further states : 1 . That the Affiant has personal knowledge of the matters set forth herein, and he has been authorized by the Seller to make this Affidavit on the Seller ' s behalf. 2 . The Indian River County, Florida , a political subdivision of the State of Florida , is the owner in fee simple and is in possession of the real property together with the improvements located thereon , if any , (hereinafter the " property" ) described as follows : See Exhibit " A" describing Windsor " B " attached hereto and by this reference made a part hereof. 3 . The property is free and clear of all liens , taxes , encumbrances , and claims of every kind , nature and description whatsoever , except for easements , restrictions , or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Buyer in this transaction pursuant to the title commitment issued in this transaction . 4 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date , and the recording of the fee simple interest to be insured , and to the best of Affiant ' s knowledge , Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured . 5 . Seller has undisputed possession of the property ; to Affiant ' s knowledge there is no person or entity in possession or who has any possessory right in the property , or the proceeds from the sale thereof; and Affiant knows of no defects in the property title . 6 . No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date of 20 , at 5 : 00 a . m . , there are no unrecorded laborer ' s , mechanic ' s , or materialmen ' s liens against the property , and no material has been furnished to the property for which payment has not been paid in full . 7 . Within the past 90 days , there have been no improvements , alterations , or repairs to the property for which the costs thereof remain unpaid , and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same , which remain unpaid . 8 . There are no due , or to come due , unpaid bills , liens , or assessments for mowing, water, sanitary sewers , paving or other public utilities , or improvements made by any governmental authority . Should any bill be found which relates to the period TITLE POSSESSION & LIEN AFFIDAVIT BEFORE ME , the undersigned authority , personally appeared Wesley S . Davis as Chabtman of Indian River County , Florida , a political subdivision of the State of Florida , ( "Affiant") being first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County, Florida , a political subdivision of the State of Florida , ( " Seller") , to COMMONWEALTH LAND TITLE INSURANCE COMPANY\ Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , ( "title insurer ") , to induce title insurer to insure the subject property and to induce Windsor Properties , a Florida general partnership , ("Buyer") , to purchase that certain property described on Exhibit " A" as Windsor "B " , and he further states : 1 . That the Affiant has personal knowledge of the matters set forth herein , and he has been authorized by the Seller to make this Affidavit on the Seller ' s behalf. 2 . The Indian River County , Florida , a political subdivision of the State of Florida , is the owner in fee simple and is in possession of the real property together with the improvements located thereon, if any , (hereinafter the " property" ) described as follows : See Exhibit " A" describing Windsor " B " attached hereto and by this reference made a part hereof. 3 . The property is free and clear of all liens , taxes , encumbrances , and claims of every kind , nature and description whatsoever , except for easements , restrictions , or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Buyer in this transaction mitment issued in this transaction . pursuant to the title com 4 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date , and the recording of the fee simple interest to be insured , and to the best of Affiant ' s knowledge , Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured . 5 . Seller has undisputed possession of the property ; to Affiant ' s knowledge there is no person or entity in possession or who has any possessory right in the property , or the proceeds from the sale thereof; and Affiant knows of no defects in the property title . 6 . No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date of 20 , at 8 : 00 a . m . , there are no unrecorded laborer ' s , mechanic ' s , or materialmen ' s liens against the property , and no material has been furnished to the property for which payment has not been paid in full . 7 . Within the past 90 days , there have been no improvements , alterations , or repairs to the property for which the costs thereof remain unpaid , and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same , which remain unpaid . 8 . There are no due , or to come due , unpaid bills , liens , or assessments for mowing , water, sanitary sewers , paving or other public utilities , or improvements made by Should any bill be found which relates to the period any governmental authority . 1 1 . SUITABILITY OF PROPERTY AND IMPROVEMENTS : In light of the limited role of this Firm , as Closing Agent in this transaction , to administer the closing and facilitate the issuance of title insurance, this Firm has not made and does not make any inquiries, investigations or representations as to the ( a ) physical or environmental condition of the Property, any improvements thereto, or any materials thereon ; or ( b ) suitability of the Property for any particular use . 12 . DISBURSEMENT AUTHORIZATION , ETC . : Closing Agent does not assume any liability or responsibility for any collection or proration for usage charges by any utility . Closing Agent does not assume any responsibility or liability for the collection of rents, gas/ electricity, taxes on personal property, garbage taxes or fees, license fees or taxes , service/ maintenance contracts ( pest control , appliance maintenance, pool care, lawn care, alarm systems, etc . ) , association assessments or dues, or estoppel information furnished by Mortgagees or others . Closing Agent does not assume liability for survey charges or expenses associated with property inspections or loan considerations . The Settlement Statement has been reviewed and approved and the Closing Agent is authorized and directed to complete the closing of the transaction and make disbursement in accordance therewith . In the event of a mortgage assumption , if Seller has received a credit for the escrow account balance, then Seller hereby assigns all right, title, and interest in said account to Buyer . 13 . VOLUNTARY EXECUTION : BUYER and SELLER have signed the closing documents, including this Closing Agreement, freely and voluntarily intending to be bound thereby . Buyer and Seller acknowledge that this Agreement is being provided for the law firm of COLLINS , BROWN , CALDWELL, BARKETT 8z GARAVAGLIA, CHARTERED to serve as the Closing Agent and for the Title Agent, BRUCE BARKETT, and the Title Underwriter, to issue title insurance on the subject transaction . 14 . FACSIMILIE/COUNTERPARTS : This Agreement may be executed in any number of duplicate originals or facsimile copy and any such duplicate original or facsimile copies shall be deemed to constitute one and the same instrument. 15 . Seller, Buyer, and Borrower are used for singular or plural, as the context so requires or admits . 16 . Additional clauses : NONE. BUYER: SELLER. WINDSOR PROPERTIES A Florida General Partnership BY : Torwest, Inc . , a Florida corporation MNamePrin rtner BY' : INDIAN RIVER COUNTY , FLORIDA . v � t� . Ju4oa A Political Subdivision of the State of Florida � � c.,l- rinted Name : Bye As its : DATE : �� 23 , 2008 DATE : a' a` " ) 2009 APPROVED A8 TO FORM ANUZby WILLIAM K. DEBRAAL I'dUPUTY COUNTY ATTORNEY 1 1 . SUITABILITY OF PROPERTY AND IMPROVEMENTS : In light of the limited role of this Firm , as Closing Agent in this transaction , to administer the closing and facilitate the issuance of title insurance, this Firm has not made and does not make any inquiries, investigations or representations as to the ( a ) physical or environmental condition of the Property, any improvements thereto, or any materials thereon ; or ( b ) suitability of the Property for any particular use . 12 . DISBURSEMENT AUTHORIZATION , ETC . : Closing Agent does not assume any liability or responsibility for any collection or proration for usage charges by any utility . Closing Agent does not assume any responsibility or liability for the collection of rents, gas/ electricity, taxes on personal property, garbage taxes or fees, license fees or taxes , service/ maintenance contracts ( pest control , appliance maintenance, pool care, lawn care, alarm systems, etc . ) , association assessments or dues, or estoppel information furnished by Mortgagees or others . Closing Agent does not assume liability for survey charges or expenses associated with property inspections or loan considerations . The Settlement Statement has been reviewed and approved and the Closing Agent is authorized and directed to complete the closing of the transaction and make disbursement in accordance therewith . In the event of a mortgage assumption , if Seller has received a credit for the escrow account balance, then Seller hereby assigns all right, title, and interest in said account to Buyer . 13 . VOLUNTARY EXECUTION : BUYER and SELLER have signed the closing documents, including this Closing Agreement, freely and voluntarily intending to be bound thereby . Buyer and Seller acknowledge that this Agreement is being provided for the law firm of COLLINS , BROWN , CALDWELL, BARKETT 8z GARAVAGLIA, CHARTERED to serve as the Closing Agent and for the Title Agent, BRUCE BARKETT, and the Title Underwriter, to issue title insurance on the subject transaction . 14 . FACSIMILIE/COUNTERPARTS : This Agreement may be executed in any number of duplicate originals or facsimile copy and any such duplicate original or facsimile copies shall be deemed to constitute one and the same instrument. 15 . Seller, Buyer, and Borrower are used for singular or plural, as the context so requires or admits . 16 . Additional clauses : NONE. BUYER: SELLER. WINDSOR PROPERTIES A Florida General Partnership BY : Torwest, Inc . , a Florida corporation MNamePrin rtner BY' : INDIAN RIVER COUNTY , FLORIDA . v � t� . Ju4oa A Political Subdivision of the State of Florida � � c.,l- rinted Name : Bye As its : DATE : �� 23 , 2008 DATE : a' a` " ) 2009 APPROVED A8 TO FORM ANUZby WILLIAM K. DEBRAAL I'dUPUTY COUNTY ATTORNEY TITLE POSSESSION & LIEN AFFIDAVIT BEFORE ME , the undersigned authority , personally appeared Wesley S . Davis as Chabtman of Indian River County , Florida , a political subdivision of the State of Florida , ( "Affiant") being first duly sworn , deposes and says that he makes these representations to the best of his personal knowledge on behalf of Indian River County, Florida , a political subdivision of the State of Florida , ( " Seller") , to COMMONWEALTH LAND TITLE INSURANCE COMPANY\ Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , ( "title insurer ") , to induce title insurer to insure the subject property and to induce Windsor Properties , a Florida general partnership , ("Buyer") , to purchase that certain property described on Exhibit " A" as Windsor "B " , and he further states : 1 . That the Affiant has personal knowledge of the matters set forth herein , and he has been authorized by the Seller to make this Affidavit on the Seller ' s behalf. 2 . The Indian River County , Florida , a political subdivision of the State of Florida , is the owner in fee simple and is in possession of the real property together with the improvements located thereon, if any , (hereinafter the " property" ) described as follows : See Exhibit " A" describing Windsor " B " attached hereto and by this reference made a part hereof. 3 . The property is free and clear of all liens , taxes , encumbrances , and claims of every kind , nature and description whatsoever , except for easements , restrictions , or other title matters listed in the schedule of exceptions in the title insurance policy insuring the fee simple interest to be received by Buyer in this transaction mitment issued in this transaction . pursuant to the title com 4 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property or cause a loss of title or impair the title between the last title insurance commitment effective date , and the recording of the fee simple interest to be insured , and to the best of Affiant ' s knowledge , Seller has not and will not execute any instrument that would adversely affect the fee simple title or interest to be insured . 5 . Seller has undisputed possession of the property ; to Affiant ' s knowledge there is no person or entity in possession or who has any possessory right in the property , or the proceeds from the sale thereof; and Affiant knows of no defects in the property title . 6 . No "Notice of Commencement" has been recorded which pertains to the property since the last title insurance commitment effective date of 20 , at 8 : 00 a . m . , there are no unrecorded laborer ' s , mechanic ' s , or materialmen ' s liens against the property , and no material has been furnished to the property for which payment has not been paid in full . 7 . Within the past 90 days , there have been no improvements , alterations , or repairs to the property for which the costs thereof remain unpaid , and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same , which remain unpaid . 8 . There are no due , or to come due , unpaid bills , liens , or assessments for mowing , water, sanitary sewers , paving or other public utilities , or improvements made by Should any bill be found which relates to the period any governmental authority . P.'! urvey\86901 . 01 \dwg\TITLE TRANSFER EX 10 - 19 - 06 . dwg , Dec 17 , 2008 — 12:00: 24PM, kstofflinger BA S KE RV I LL E - SKETCH FRCJECT: 85901 .01 INC . Windsor " B " DRAWING DATE 4/20/07 DONOVAN j SECTION: 14 INNOVATIVE INFRASTRUCTURE SOLUTIONS 7175 YURMU ROLD TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 YHBOUWM 7L 32940 (321)254-3863 ENGafxmmG ausarasS: XB-00003w NOT A SURVEY NOT TO SCALE RANGE: scuTH 19 FasT OCEAN BLUFF SUBDIVISION PB 12 PG 54 EXHIBIT A S89 '45 ' 09 " W 577 . 55 ' SOUTH LINE OF THE NORTH 400' OF GOVERNMENT LOT 2 �� NOT TO SCALE O NORTH LINE OF THE SOUTH 200 OF THE �. NORTH 600' OF GOVERNMENT LOT 2 O ,vw 7 A T / 0 0 $4 s 0 EXHIBIT B cp v� 331t45f SQ FT OR 7. 609 ACRES±ul o !� Ac v �' z w P '- .A To � v � . 0. B. EXHIBIT B03 �c 6,- Z VV\ I S89045009 " W 611 . 92 ' v � m \ v �n \ O 0030\ � f � 2 r SOUTHWEST CORNER i9 GOVERNMENT LOT 2 \ `� RO. C. \ N89045010 ° E 865. 92 ' SOUTH LINE GOVERNMENT LOT 2 REVISIONS CHECKED BY: KS N0. BY -DESCRIPTION DATE SCALE: NOT TO SCALE F.B. PAGE DRAWN BY: KS SHEET: 2 OF 2 aaoq_ p .33 This instrument prepared by and returned to : Sandra P . Stockwell, Counsel Division of State Lands 3900 Commonwealth Blvd . Mail Station 115 Tallahassee, FL 32399-3000 DEED OF CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EASEMENT is made this .- o7 a _ day 2 0 0 9 by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address 1801 27TH Street, Vero Beach, Florida 32690 ( " Grantor"), in favor of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ( "Trustees ") , whose address is Florida Department of Environmental Protection ("DEP") , Division of State Lands , 3900 Commonwealth Blvd . , Mail Station 115 , Tallahassee , Florida 32399 - 3000 , ( " Grantee " ) . The terms "Grantor " and "Grantee " shall include the singular and the plural, and the heirs, successors and assigns of Grantor and Grantee, and the provisions of this easement shall be binding upon and inure to the benefit of Grantor, Grantee and their heirs, successors and assigns. RECITALS A . Grantor is the sole owner in fee simple of certain real property in Indian River County , Florida, more particularly described in Exhibit A attached hereto and incorporated by reference (hereinafter, the " Property ") . B . Grantor and the Grantee mutually recognize the special character of the Property and have the common purpose of conserving certain values and character of the Property by conveyance to the Grantee of a perpetual conservation easement on, under, over, and across the Property , to conserve the character of the Property , continue certain land use patterns that do not significantly impair the character of the Property , and prohibit certain further development activity on the Property . C . The specific conservation values of the Property are documented in the " Baseline Inventory Report for the Golden Sands Park Conservation Easement Tract in Indian River County , Florida" , dated November 2008 . ( 'Baseline Documentation " ), which consists of reports, maps, photographs , and other documentation that the parties agree provide, collectively , an accurate representation of the Property at the time of this grant, and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. The Baseline Documentation is maintained in the offices of the Florida Department of Environmental Protection and is incorporated by this reference . A copy of the Baseline Documentation is available from the Department on request. D . Grantee is an agency authorized under the provisions of § 704 . 06 , Florida Statutes , to hold conservation easements for the preservation and protection of land in its natural, scenic , historical , agricultural, forested, or open space condition . E . Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come . F . The fact that any use of the Property that is expressly prohibited by the terms of this Easement may become greatly more economically valuable than uses allowed by the terms of this Easement, or that neighboring BLA- 104 , Revised 01 /26/06 1 aaoq_ p .33 This instrument prepared by and returned to : Sandra P . Stockwell, Counsel Division of State Lands 3900 Commonwealth Blvd . Mail Station 115 Tallahassee, FL 32399-3000 DEED OF CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EASEMENT is made this .- o7 a _ day 2 0 0 9 by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address 1801 27TH Street, Vero Beach, Florida 32690 ( " Grantor"), in favor of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ( "Trustees ") , whose address is Florida Department of Environmental Protection ("DEP") , Division of State Lands , 3900 Commonwealth Blvd . , Mail Station 115 , Tallahassee , Florida 32399 - 3000 , ( " Grantee " ) . The terms "Grantor " and "Grantee " shall include the singular and the plural, and the heirs, successors and assigns of Grantor and Grantee, and the provisions of this easement shall be binding upon and inure to the benefit of Grantor, Grantee and their heirs, successors and assigns. RECITALS A . Grantor is the sole owner in fee simple of certain real property in Indian River County , Florida, more particularly described in Exhibit A attached hereto and incorporated by reference (hereinafter, the " Property ") . B . Grantor and the Grantee mutually recognize the special character of the Property and have the common purpose of conserving certain values and character of the Property by conveyance to the Grantee of a perpetual conservation easement on, under, over, and across the Property , to conserve the character of the Property , continue certain land use patterns that do not significantly impair the character of the Property , and prohibit certain further development activity on the Property . C . The specific conservation values of the Property are documented in the " Baseline Inventory Report for the Golden Sands Park Conservation Easement Tract in Indian River County , Florida" , dated November 2008 . ( 'Baseline Documentation " ), which consists of reports, maps, photographs , and other documentation that the parties agree provide, collectively , an accurate representation of the Property at the time of this grant, and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. The Baseline Documentation is maintained in the offices of the Florida Department of Environmental Protection and is incorporated by this reference . A copy of the Baseline Documentation is available from the Department on request. D . Grantee is an agency authorized under the provisions of § 704 . 06 , Florida Statutes , to hold conservation easements for the preservation and protection of land in its natural, scenic , historical , agricultural, forested, or open space condition . E . Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come . F . The fact that any use of the Property that is expressly prohibited by the terms of this Easement may become greatly more economically valuable than uses allowed by the terms of this Easement, or that neighboring BLA- 104 , Revised 01 /26/06 1 P.'! urvey\86901 . 01 \dwg\TITLE TRANSFER EX 10 - 19 - 06 . dwg , Dec 17 , 2008 — 12:00: 24PM, kstofflinger BA S KE RV I LL E - SKETCH FRCJECT: 85901 .01 INC . Windsor " B " DRAWING DATE 4/20/07 DONOVAN j SECTION: 14 INNOVATIVE INFRASTRUCTURE SOLUTIONS 7175 YURMU ROLD TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 YHBOUWM 7L 32940 (321)254-3863 ENGafxmmG ausarasS: XB-00003w NOT A SURVEY NOT TO SCALE RANGE: scuTH 19 FasT OCEAN BLUFF SUBDIVISION PB 12 PG 54 EXHIBIT A S89 '45 ' 09 " W 577 . 55 ' SOUTH LINE OF THE NORTH 400' OF GOVERNMENT LOT 2 �� NOT TO SCALE O NORTH LINE OF THE SOUTH 200 OF THE �. NORTH 600' OF GOVERNMENT LOT 2 O ,vw 7 A T / 0 0 $4 s 0 EXHIBIT B cp v� 331t45f SQ FT OR 7. 609 ACRES±ul o !� Ac v �' z w P '- .A To � v � . 0. B. EXHIBIT B03 �c 6,- Z VV\ I S89045009 " W 611 . 92 ' v � m \ v �n \ O 0030\ � f � 2 r SOUTHWEST CORNER i9 GOVERNMENT LOT 2 \ `� RO. C. \ N89045010 ° E 865. 92 ' SOUTH LINE GOVERNMENT LOT 2 REVISIONS CHECKED BY: KS N0. BY -DESCRIPTION DATE SCALE: NOT TO SCALE F.B. PAGE DRAWN BY: KS SHEET: 2 OF 2 N: \sur/ ey \au7uI . u � �u �y �. � � � �� • � . _ - - - - ' - - - PRD;ECT: 86901 .01 I . FGAL DESCRIPTION DRAWING DATE: 4/20/07 BA S�]K `E,RV]I LL]EE DODO 1A11 , � f � ( SECTION: 14 INNOVATIVE INFRASTRUCTURE SOLUTIONS TOWNSHIP: 31 7175 VRRELL RDAII Windsor " B " RANGE: SOUTH 39 EAST IED0DRNL, YL 32"D (321)254-3ae5 ENGRNEERIING B05TN0: E11 -00003" A parcel of Icj. d lying and , being in Section 14 , Township 31 South , Range 39 East , Tallahassee base meridian , Indian River County , Florida , being more particularly described as follows : : Commencing of the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East , Indian River County Florida ; Thence , bearing North 89' 45 ' 10 " East , along the south line of said Government lot 2 , a distance of 865 . 92 feet to a point on the easterly Right of Way line of State Road A- 1 —A, as shown on Florida Department of Transportation Right of way Map Section No . 88070 - 2102 , dated 10/ 21 / 57 ; Thence , bearing North 24' 24 ' 50 " West , along said Right of Way line , a distance of 419 . 51 feet to the Point of Beginning of the herein described parcel of land ; Thence , bearing North 24' 24 ' 50" West , along said Right of Way line , a distance of 608 . 31 feet to a point; Way line of State Road A- 1 —A, bearing North Thence , leaving said Right of 577 . 55 Feet to a point on the Mean High Water Line 89045 ' 09 " East a distance of . of the Atlantic Ocean ; Thence , bearing South 26' 18 ' 47 " East, along said Mean High Water Line , a distance of 98 . 03 feet to a point ; I along said Mean High Water line , a distance Thence , bearing South 28' 25 ' 11 " East , of 441 . 87 feet to a point ; Thence , bearing South 22' 31 ' 33 " East , along said Mean High Water line , ❑ distance of 83 . 66 feet to a point ; Thence , leaving said Mean High Water Line , bearing South 89045 ' 09 " West, o distance of 611 . 92 feet to a point on the aforesaid easterly Right of Way line of State Road A- 1 —A, and the point being the Point of Beginning . The above described parcel of land contains an area of 331 , 451 square feet or 7 . 609 acres , more or less _ Subject to any and all easements and conditions as contained within the chain of title . GENERAL NOTES : 6. THE HORIZONTAL COORDINATE SYSTEM AND BEARINGS 1 , NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE BEEN LOCATED EXCEPT THOSE SHOWN HEREOIJ, OOF019830 1g 0 ADJUSTMENTEAST ? THE CONTROL MONUMENTSONE@ NORTH AMERICAN 2. BASKERVILLE-DONOVAN , INC. CERTIFICATE OF UTILIZED TO ESTABLISH THIS SURVEY WERE FLORIDA CE MONUMENT LEGEND AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS DEPARTMENT 8P 78 A10TOF HAVINGAASPORTATION COORD NATERVALUEOF NORTHING: L90340 1 , 2551223.229 AND AN EASTING OF 847,006.325 AND POC = POINT OF COMMENCEMENT 3. THIS DRAWING NOT VALID WITHOUT THE SIGNATURE AND MONUMENT BB-7B-A11 HAVING A COORDINATE VALUE OF p08=POINT OF BEGINNING ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR k NORTHING: 1 ,251 ,561 .215 AND EASTING: 848, 668.737 NAD R/W =RIGHT OF WAY MAPPER. 83/90, SAID VALUES WERE CONVERTED FROM NAD 27 COORDINATE DATUM AS LISTED ON THE PLAT OF INDIAN PB = PLAT BOOK 4, THE INFORMATION USED FOR THE CREATION OF THIS RIVER COUNTY COASTAL CONSTRUCTION CONTROL UNE, PLAT PG = PAGE SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY BOOK 12, PAGE J2, PUBLIC RECORDS OF INDIAN RIVER NGVD29 = NATIONAL GEODETIC VERTICAL BASKERVILLE DONOVAN PROJECT NO 86901 .01 AND A COUNTY, FLORIDA DATUM OF 1929 BOUNDARY SURVEY BY KIMLEY-HORN AND ASSOCIATES, PROJECT NO 047013006 DATED 07 - 14-04 7, THE BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE, OORDINA CTE SYSTEM, EAST ZONE, 5. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, NORTH AMERICAN 'J)ATUM . F REFERENCED ABOVE ] 3, Wy1994 ADJUSTMENT, AS F. 9Y UNE FOR RIGHTS—OF— WAY AND/OR OWNERSHIP WERE FURNISHED THIS ' SURVEYOR EXCEPT AS SHOWN HEREON, A-1 -A BEAR5 N WWII '. CHECKED BY: KS REVISIONS The legal desdipli '. h . N «pared in cgmplia a ill). Nc Armimum Technical Stu ords ' •- eel' fo by . FlQriQa Board of IAa�iand Surveyor N0. BY DESCRIPTION DATE and Muppe p fi1Cl Fl lrutive. `o puiuonl la Section SCONE N/A 27 ;Slat d bel of my kno�le krhud belief. NOT VALID WI ROUT THE F.B. PAGE SIGNATURE AND THE ORIGINAL p . w RAISED SEAL OF A FLORIDA . DRAWN BY: •. -� .ata LICENSED SURYEYOR KS �1 PIERSHEET: 1 OF 2 properties may , in the future , be put entirely to uses that are not allowed by this Easement has been considered by Grantor in granting this Easement and by Grantee in accepting it . To achieve these purposes , and in consideration of $ 10 . 00 and other good and valuable consideration , including but not limited to the above and the mutual covenants , terms , conditions , and restrictions contained herein , the receipt and sufficiency of which is acknowledged , and pursuant to the laws of Florida, and in particular § 704 . 06 , Florida Statutes , but without intending the validity of this Easement to be dependent on the continuing existence of such laws , Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ( "Easement " ) . ARTICLE I . DURATION OF EASEMENT This Conservation Easement shall be perpetual . It is an easement in gross , runs with the land , and is enforceable by Grantee against Grantor , Grantor' s personal representatives , heirs , successors and assigns , lessees , agents , and licensees . ARTICLE II . PURPOSE OF EASEMENT It is the purpose of this Easement to assure that the Property will be retained forever in its natural , scenic condition to provide a relatively natural habitat for fish , wildlife , plants or similar ecosystems , and to preserve the Property through management guided by the following principles : • Protection of the recreational resource currently existing on the Property ; • Maintenance and enhancement of wildlife and game habitat ; • Protection of unique and fragile natural areas and rare species habitats ; • Maintenance of soil productivity and control of soil erosion ; • Protection of water quality . The above purposes are hereinafter sometimes referred to as " the Conservation Purposes" . Grantor intends that this Easement will confine the use of the Property to such activities as are consistent with the purpose of this Easement . ARTICLE II1 . RIGHTS GRANTED TO THE GRANTEE To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this Easement : A . The right to enforce protection of the conservation values of the Property ; B . All future residential , commercial , industrial and incidental development rights that are now or hereafter allocated to , implied, reserved , or inherent in the Property except as may be specifically reserved to Grantor in this Easement . The parties agree that such rights are hereby terminated and extinguished and may not be used on or transferred to other property . Neither the Property nor any portion thereof may be included as part of the gross area of other property not subject to this Easement for the purposes of determining density , lot coverage, or open space requirements , under otherwise applicable laws , regulations or ordinances controlling land use and building density. No development rights that have been encumbered or extinguished by this Easement shall be transferred to any other lands pursuant to a transferable development rights scheme or cluster development arrangement or otherwise . Nor shall any development rights or density credits be transferred onto the Property from other property . C . The right to enter upon the Property at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor ' s use and quiet enjoyment of the Property . D . The right to prevent any activity on or use of the Property that is inconsistent with the purpose or BLA - 104 , Revised 01 /26/06 2 properties may , in the future , be put entirely to uses that are not allowed by this Easement has been considered by Grantor in granting this Easement and by Grantee in accepting it . To achieve these purposes , and in consideration of $ 10 . 00 and other good and valuable consideration , including but not limited to the above and the mutual covenants , terms , conditions , and restrictions contained herein , the receipt and sufficiency of which is acknowledged , and pursuant to the laws of Florida, and in particular § 704 . 06 , Florida Statutes , but without intending the validity of this Easement to be dependent on the continuing existence of such laws , Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ( "Easement " ) . ARTICLE I . DURATION OF EASEMENT This Conservation Easement shall be perpetual . It is an easement in gross , runs with the land , and is enforceable by Grantee against Grantor , Grantor' s personal representatives , heirs , successors and assigns , lessees , agents , and licensees . ARTICLE II . PURPOSE OF EASEMENT It is the purpose of this Easement to assure that the Property will be retained forever in its natural , scenic condition to provide a relatively natural habitat for fish , wildlife , plants or similar ecosystems , and to preserve the Property through management guided by the following principles : • Protection of the recreational resource currently existing on the Property ; • Maintenance and enhancement of wildlife and game habitat ; • Protection of unique and fragile natural areas and rare species habitats ; • Maintenance of soil productivity and control of soil erosion ; • Protection of water quality . The above purposes are hereinafter sometimes referred to as " the Conservation Purposes" . Grantor intends that this Easement will confine the use of the Property to such activities as are consistent with the purpose of this Easement . ARTICLE II1 . RIGHTS GRANTED TO THE GRANTEE To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this Easement : A . The right to enforce protection of the conservation values of the Property ; B . All future residential , commercial , industrial and incidental development rights that are now or hereafter allocated to , implied, reserved , or inherent in the Property except as may be specifically reserved to Grantor in this Easement . The parties agree that such rights are hereby terminated and extinguished and may not be used on or transferred to other property . Neither the Property nor any portion thereof may be included as part of the gross area of other property not subject to this Easement for the purposes of determining density , lot coverage, or open space requirements , under otherwise applicable laws , regulations or ordinances controlling land use and building density. No development rights that have been encumbered or extinguished by this Easement shall be transferred to any other lands pursuant to a transferable development rights scheme or cluster development arrangement or otherwise . Nor shall any development rights or density credits be transferred onto the Property from other property . C . The right to enter upon the Property at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor ' s use and quiet enjoyment of the Property . D . The right to prevent any activity on or use of the Property that is inconsistent with the purpose or BLA - 104 , Revised 01 /26/06 2 N: \sur/ ey \au7uI . u � �u �y �. � � � �� • � . _ - - - - ' - - - PRD;ECT: 86901 .01 I . FGAL DESCRIPTION DRAWING DATE: 4/20/07 BA S�]K `E,RV]I LL]EE DODO 1A11 , � f � ( SECTION: 14 INNOVATIVE INFRASTRUCTURE SOLUTIONS TOWNSHIP: 31 7175 VRRELL RDAII Windsor " B " RANGE: SOUTH 39 EAST IED0DRNL, YL 32"D (321)254-3ae5 ENGRNEERIING B05TN0: E11 -00003" A parcel of Icj. d lying and , being in Section 14 , Township 31 South , Range 39 East , Tallahassee base meridian , Indian River County , Florida , being more particularly described as follows : : Commencing of the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East , Indian River County Florida ; Thence , bearing North 89' 45 ' 10 " East , along the south line of said Government lot 2 , a distance of 865 . 92 feet to a point on the easterly Right of Way line of State Road A- 1 —A, as shown on Florida Department of Transportation Right of way Map Section No . 88070 - 2102 , dated 10/ 21 / 57 ; Thence , bearing North 24' 24 ' 50 " West , along said Right of Way line , a distance of 419 . 51 feet to the Point of Beginning of the herein described parcel of land ; Thence , bearing North 24' 24 ' 50" West , along said Right of Way line , a distance of 608 . 31 feet to a point; Way line of State Road A- 1 —A, bearing North Thence , leaving said Right of 577 . 55 Feet to a point on the Mean High Water Line 89045 ' 09 " East a distance of . of the Atlantic Ocean ; Thence , bearing South 26' 18 ' 47 " East, along said Mean High Water Line , a distance of 98 . 03 feet to a point ; I along said Mean High Water line , a distance Thence , bearing South 28' 25 ' 11 " East , of 441 . 87 feet to a point ; Thence , bearing South 22' 31 ' 33 " East , along said Mean High Water line , ❑ distance of 83 . 66 feet to a point ; Thence , leaving said Mean High Water Line , bearing South 89045 ' 09 " West, o distance of 611 . 92 feet to a point on the aforesaid easterly Right of Way line of State Road A- 1 —A, and the point being the Point of Beginning . The above described parcel of land contains an area of 331 , 451 square feet or 7 . 609 acres , more or less _ Subject to any and all easements and conditions as contained within the chain of title . GENERAL NOTES : 6. THE HORIZONTAL COORDINATE SYSTEM AND BEARINGS 1 , NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE BEEN LOCATED EXCEPT THOSE SHOWN HEREOIJ, OOF019830 1g 0 ADJUSTMENTEAST ? THE CONTROL MONUMENTSONE@ NORTH AMERICAN 2. BASKERVILLE-DONOVAN , INC. CERTIFICATE OF UTILIZED TO ESTABLISH THIS SURVEY WERE FLORIDA CE MONUMENT LEGEND AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS DEPARTMENT 8P 78 A10TOF HAVINGAASPORTATION COORD NATERVALUEOF NORTHING: L90340 1 , 2551223.229 AND AN EASTING OF 847,006.325 AND POC = POINT OF COMMENCEMENT 3. THIS DRAWING NOT VALID WITHOUT THE SIGNATURE AND MONUMENT BB-7B-A11 HAVING A COORDINATE VALUE OF p08=POINT OF BEGINNING ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR k NORTHING: 1 ,251 ,561 .215 AND EASTING: 848, 668.737 NAD R/W =RIGHT OF WAY MAPPER. 83/90, SAID VALUES WERE CONVERTED FROM NAD 27 COORDINATE DATUM AS LISTED ON THE PLAT OF INDIAN PB = PLAT BOOK 4, THE INFORMATION USED FOR THE CREATION OF THIS RIVER COUNTY COASTAL CONSTRUCTION CONTROL UNE, PLAT PG = PAGE SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY BOOK 12, PAGE J2, PUBLIC RECORDS OF INDIAN RIVER NGVD29 = NATIONAL GEODETIC VERTICAL BASKERVILLE DONOVAN PROJECT NO 86901 .01 AND A COUNTY, FLORIDA DATUM OF 1929 BOUNDARY SURVEY BY KIMLEY-HORN AND ASSOCIATES, PROJECT NO 047013006 DATED 07 - 14-04 7, THE BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE, OORDINA CTE SYSTEM, EAST ZONE, 5. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, NORTH AMERICAN 'J)ATUM . F REFERENCED ABOVE ] 3, Wy1994 ADJUSTMENT, AS F. 9Y UNE FOR RIGHTS—OF— WAY AND/OR OWNERSHIP WERE FURNISHED THIS ' SURVEYOR EXCEPT AS SHOWN HEREON, A-1 -A BEAR5 N WWII '. CHECKED BY: KS REVISIONS The legal desdipli '. h . N «pared in cgmplia a ill). Nc Armimum Technical Stu ords ' •- eel' fo by . FlQriQa Board of IAa�iand Surveyor N0. BY DESCRIPTION DATE and Muppe p fi1Cl Fl lrutive. `o puiuonl la Section SCONE N/A 27 ;Slat d bel of my kno�le krhud belief. NOT VALID WI ROUT THE F.B. PAGE SIGNATURE AND THE ORIGINAL p . w RAISED SEAL OF A FLORIDA . DRAWN BY: •. -� .ata LICENSED SURYEYOR KS �1 PIERSHEET: 1 OF 2 i STATE OF FLORIDA COUNTY OF � .- . 2009 . w t and subscribed before me this da of Sworn o b y , by VjtdSw i s as Chi rma rj of 4e. f 4,1600Lrd o -F urn �� C�ornm ,`ssr' on ,er' s o j Indian River County , Florida , a political subdivision of the State of Florida , on its behalf, who is either : �I ( J�personally known tome OR i, O produced a driver ' s license as identification . I APPROVED AS TO FORM AYVE� � o - ere 'y tsy - - �--�- Name Printed : QSa .*td /�t L , GUr, y kr WILLIAfti K . t� EkiRRuML 0EPUTYC0lJN1 YAP') CiR1%4EY Notary Public , State of Florida at Large My Commission Expires : M Commission No . : EK otary Public ; ( ate of Florida }� andra WryAt y Cr. m on DD782733 xna - �b2U12 Ali provisions of this Easement and to require the restoration of or to restore such areas or features of the Property that may be damaged by any inconsistent activity or use , at Grantor ' s cost . E . The right of ingress and egress to the Property . F . The right to have the ad valorem taxes , assessments and any other charges on the Property paid by Grantor . H . The right to be indemnified , subject to the limitations of state law , by Grantor for any and all liability , loss , damage , expense , judgment or claim ( including a claim for attorney fees) arising out of any negligent or willful action or activity resulting from the Grantor ' s use and ownership of or activities on the Property or the use of or activities of Grantor ' s agents , guests , lessees or invitees on the Property . I . The right to be indemnified by Grantor, subject to the limitations of state law , for any liability for injury or property damage to persons on the Property arising out of any condition of the Property known to the Grantor to the best of Grantor ' s knowledge . J . The right to have the Property maintained as reflected on the Baseline Documentation , as the Property may develop through the forces of nature hereafter, subject only to the exercise of Grantor ' s Reserved Rights , and the Rights Granted to the Grantee , as described in this Easement . ARTICLE IV. PROHIBITED USES The Property shall be maintained to preserve the Conservation Purposes of this Easement . Without limiting the generality of the foregoing Grantor agrees that the following uses and practices, though not an exhaustive recital of inconsistent uses and practices , are expressly prohibited or restricted : A . No soil , trash , liquid or solid waste ( including sludge) , or unsightly , offensive , or hazardous materials , wastes or substances , toxic wastes or substances , pollutants or contaminants , including, but not limited to , those as now or hereafter defined by federal or Florida law defining hazardous materials, wastes or substances , toxic wastes or substances , pollutants or contaminants shall be dumped or placed on the Property . This prohibition shall not be construed to include reasonable amounts of waste generated as a result of allowed activities . B . The exploration for and extraction of oil , gas , minerals, do lostone , peat, muck , marl , limestone , limerock , kaolin , fuller ' s earth , phosphate , common clays , gravel , shell , sand and similar substances either directly or indirectly by Grantor or on Grantor ' s behalf or with the joinder or consent of Grantor in any application for a permit so to do , under and by virtue of the authority of a grant or reservation or other form of ownership of or interest in or control over or right to such substances , except as reasonably necessary to combat erosion or flooding, or except as necessary and lawfully allowed for the conduct of allowed activities . C . Activities that will be detrimental to drainage , flood control , water conservation , erosion control , soil conservation , or fish and wildlife habitat preservation unless otherwise provided in this Easement . There shall be no dredging of new canals , construction of new dikes, manipulation of natural water courses, or disruption , alteration , pollution , depletion, or extraction on the Property of existing surface or subsurface water flow or natural water sources , fresh water lakes, ponds and pond shores, marshes , creeks or any other water bodies , nor any activities or uses conducted on the Property that would be detrimental to water purity or that could alter natural water level or flow in or over the Property . Provided, however, Grantor may continue to operate , maintain, or replace existing ground water wells incident to allowed uses on the Property , subject to legally required permits and regulations . D . Acts or uses detrimental to the preservation of the structural integrity or physical appearance of any portions of the Property having historical or archaeological significance . Grantor shall notify the Florida Department of Historical Resources or its successor ("FDHR") if historical , archaeological or cultural sites are discovered on the Property , and any sited deemed to be of historical or archaeological significance shall be afforded the same protections as significant sites known to exist at the time of entering into this easement . Grantor will follow the Best Management Practices of the Division of Historic Resources , as amended from time to time . BLA - 104 , Revised 01 /26/06 3 provisions of this Easement and to require the restoration of or to restore such areas or features of the Property that may be damaged by any inconsistent activity or use , at Grantor ' s cost . E . The right of ingress and egress to the Property . F . The right to have the ad valorem taxes , assessments and any other charges on the Property paid by Grantor . H . The right to be indemnified , subject to the limitations of state law , by Grantor for any and all liability , loss , damage , expense , judgment or claim ( including a claim for attorney fees) arising out of any negligent or willful action or activity resulting from the Grantor ' s use and ownership of or activities on the Property or the use of or activities of Grantor ' s agents , guests , lessees or invitees on the Property . I . The right to be indemnified by Grantor, subject to the limitations of state law , for any liability for injury or property damage to persons on the Property arising out of any condition of the Property known to the Grantor to the best of Grantor ' s knowledge . J . The right to have the Property maintained as reflected on the Baseline Documentation , as the Property may develop through the forces of nature hereafter, subject only to the exercise of Grantor ' s Reserved Rights , and the Rights Granted to the Grantee , as described in this Easement . ARTICLE IV. PROHIBITED USES The Property shall be maintained to preserve the Conservation Purposes of this Easement . Without limiting the generality of the foregoing Grantor agrees that the following uses and practices, though not an exhaustive recital of inconsistent uses and practices , are expressly prohibited or restricted : A . No soil , trash , liquid or solid waste ( including sludge) , or unsightly , offensive , or hazardous materials , wastes or substances , toxic wastes or substances , pollutants or contaminants , including, but not limited to , those as now or hereafter defined by federal or Florida law defining hazardous materials, wastes or substances , toxic wastes or substances , pollutants or contaminants shall be dumped or placed on the Property . This prohibition shall not be construed to include reasonable amounts of waste generated as a result of allowed activities . B . The exploration for and extraction of oil , gas , minerals, do lostone , peat, muck , marl , limestone , limerock , kaolin , fuller ' s earth , phosphate , common clays , gravel , shell , sand and similar substances either directly or indirectly by Grantor or on Grantor ' s behalf or with the joinder or consent of Grantor in any application for a permit so to do , under and by virtue of the authority of a grant or reservation or other form of ownership of or interest in or control over or right to such substances , except as reasonably necessary to combat erosion or flooding, or except as necessary and lawfully allowed for the conduct of allowed activities . C . Activities that will be detrimental to drainage , flood control , water conservation , erosion control , soil conservation , or fish and wildlife habitat preservation unless otherwise provided in this Easement . There shall be no dredging of new canals , construction of new dikes, manipulation of natural water courses, or disruption , alteration , pollution , depletion, or extraction on the Property of existing surface or subsurface water flow or natural water sources , fresh water lakes, ponds and pond shores, marshes , creeks or any other water bodies , nor any activities or uses conducted on the Property that would be detrimental to water purity or that could alter natural water level or flow in or over the Property . Provided, however, Grantor may continue to operate , maintain, or replace existing ground water wells incident to allowed uses on the Property , subject to legally required permits and regulations . D . Acts or uses detrimental to the preservation of the structural integrity or physical appearance of any portions of the Property having historical or archaeological significance . Grantor shall notify the Florida Department of Historical Resources or its successor ("FDHR") if historical , archaeological or cultural sites are discovered on the Property , and any sited deemed to be of historical or archaeological significance shall be afforded the same protections as significant sites known to exist at the time of entering into this easement . Grantor will follow the Best Management Practices of the Division of Historic Resources , as amended from time to time . BLA - 104 , Revised 01 /26/06 3 i STATE OF FLORIDA COUNTY OF � .- . 2009 . w t and subscribed before me this da of Sworn o b y , by VjtdSw i s as Chi rma rj of 4e. f 4,1600Lrd o -F urn �� C�ornm ,`ssr' on ,er' s o j Indian River County , Florida , a political subdivision of the State of Florida , on its behalf, who is either : �I ( J�personally known tome OR i, O produced a driver ' s license as identification . I APPROVED AS TO FORM AYVE� � o - ere 'y tsy - - �--�- Name Printed : QSa .*td /�t L , GUr, y kr WILLIAfti K . t� EkiRRuML 0EPUTYC0lJN1 YAP') CiR1%4EY Notary Public , State of Florida at Large My Commission Expires : M Commission No . : EK otary Public ; ( ate of Florida }� andra WryAt y Cr. m on DD782733 xna - �b2U12 Ali O . ram( � N W U E . The removal , destruction, cutting, trimming, mowing, alteration or spraying with biocides of trees , shrubs or other natural vegetation, including but not limited to cypress trees, except in accordance with the County management plan for Golden Sands Park, and except as otherwise specifically provided in this Easement. There shall be no planting of nuisance exotic or non -native plants as listed by the Exotic Pest Plant Council (EPPC) or its successor. The Grantor shall , to the extent practical , control and prevent the spread of nuisance exotics or non- native plants on the Property . Grantor hereby grants to Grantee the right, in Grantee ' s sole discretion and at Grantee ' s expense , to develop and implement an exotic plant removal plan for the eradication of exotics or non- native plants on the Property . Under no circumstances, shall this right conveyed to Grantee be construed to diminish Grantor ' s responsibilities under this paragraph or as an obligation of the Grantee . F . Commercial or industrial activity , or ingress , egress or other passage across or upon the Property in conjunction with any commercial or industrial activity including but not limited to swine, dairy and poultry operations and confined animal feed lot operations . G . New construction or placing of temporary or permanent buildings , mobile homes or other structures in, on or above the ground of the Property except as may be necessary by Grantor for maintenance or normal operations of the Property or during emergency situations or as may otherwise be specifically provided for hereinafter. For purposes of this paragraph the term "emergency" shall mean those situations that will have an immediate and irreparable adverse impact on the Conservation Purposes . H . The construction or creation of new roads or jeep trails . 1 . There shall be no operation of motorized vehicles except on established trails and roads unless necessary : (i) to protect or enhance the purposes of this Easement, (ii) for emergency purposes , (iii) for cattle ranching purposes , and ( iv) to retrieve game that has been hunted legally . J . Actions or activities that may reasonably be expected to adversely affect threatened or endangered species . K . Any subdivision of the land except as may otherwise be provided in this Easement. L . There shall be no signs, billboards , or outdoor advertising of any kind erected or displayed on the Property , except that Grantee may erect and maintain signs designating the Property as land under the protection of Grantee . M . There shall be no commercial water wells on the Property . N . There shall be no commercial timber harvesting on the Property . ARTICLE V. GRANTOR ' S RESERVED RIGHTS Grantor reserves to Grantor, and to Grantor ' s personal representatives, heirs , successors , and assigns, the following specified rights , which are deemed to be consistent with the purpose of the Easement. The exercise of the Reserved Rights shall be in full accordance with all applicable local , state and federal law, as amended from time to time , as well as in accordance with the purposes of this Easement . A . The operation of a county park on the Property . Grantor shall retain the right to operate the county park, and to manage the Property consistent with the county management plan for the park . B . The right to conduct controlled or prescribed burning on the Property ; provided, however, that Grantor shall obtain and comply with a prescribed fire authorization from the local and state regulatory agencies having jurisdiction over controlled or prescribed burning . C . The right to mortgage the Property ; provided, however, that the Mortgagee ' s lien shall be inferior to BLA- 104 , Revised 01 /26/06 4 E . The removal , destruction, cutting, trimming, mowing, alteration or spraying with biocides of trees , shrubs or other natural vegetation, including but not limited to cypress trees, except in accordance with the County management plan for Golden Sands Park, and except as otherwise specifically provided in this Easement. There shall be no planting of nuisance exotic or non -native plants as listed by the Exotic Pest Plant Council (EPPC) or its successor. The Grantor shall , to the extent practical , control and prevent the spread of nuisance exotics or non- native plants on the Property . Grantor hereby grants to Grantee the right, in Grantee ' s sole discretion and at Grantee ' s expense , to develop and implement an exotic plant removal plan for the eradication of exotics or non- native plants on the Property . Under no circumstances, shall this right conveyed to Grantee be construed to diminish Grantor ' s responsibilities under this paragraph or as an obligation of the Grantee . F . Commercial or industrial activity , or ingress , egress or other passage across or upon the Property in conjunction with any commercial or industrial activity including but not limited to swine, dairy and poultry operations and confined animal feed lot operations . G . New construction or placing of temporary or permanent buildings , mobile homes or other structures in, on or above the ground of the Property except as may be necessary by Grantor for maintenance or normal operations of the Property or during emergency situations or as may otherwise be specifically provided for hereinafter. For purposes of this paragraph the term "emergency" shall mean those situations that will have an immediate and irreparable adverse impact on the Conservation Purposes . H . The construction or creation of new roads or jeep trails . 1 . There shall be no operation of motorized vehicles except on established trails and roads unless necessary : (i) to protect or enhance the purposes of this Easement, (ii) for emergency purposes , (iii) for cattle ranching purposes , and ( iv) to retrieve game that has been hunted legally . J . Actions or activities that may reasonably be expected to adversely affect threatened or endangered species . K . Any subdivision of the land except as may otherwise be provided in this Easement. L . There shall be no signs, billboards , or outdoor advertising of any kind erected or displayed on the Property , except that Grantee may erect and maintain signs designating the Property as land under the protection of Grantee . M . There shall be no commercial water wells on the Property . N . There shall be no commercial timber harvesting on the Property . ARTICLE V. GRANTOR ' S RESERVED RIGHTS Grantor reserves to Grantor, and to Grantor ' s personal representatives, heirs , successors , and assigns, the following specified rights , which are deemed to be consistent with the purpose of the Easement. The exercise of the Reserved Rights shall be in full accordance with all applicable local , state and federal law, as amended from time to time , as well as in accordance with the purposes of this Easement . A . The operation of a county park on the Property . Grantor shall retain the right to operate the county park, and to manage the Property consistent with the county management plan for the park . B . The right to conduct controlled or prescribed burning on the Property ; provided, however, that Grantor shall obtain and comply with a prescribed fire authorization from the local and state regulatory agencies having jurisdiction over controlled or prescribed burning . C . The right to mortgage the Property ; provided, however, that the Mortgagee ' s lien shall be inferior to BLA- 104 , Revised 01 /26/06 4 O . ram( � N W U RE : Windsor " B " CLOSING AGREEMENT The undersigned hereby authorize the law firm of Collins, Brown , Caldwell, Barlkett 8z Garavaglia , Chtd . ( " Closing Agent" ) to close the transaction between INDIAN RIVER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORDA, ( " SELLER" ) AND WINDSOR PROPERTIES , A FLORIDA GENERAL PARTNERSHIP', ( " BUYER " ) : 1 . CLOSING AGENT REPRESENTATION . The Closing Agent represents the ( ) SELLER ., ( X ) BUYER ( ) LENDER in this transaction . Any closing fee charged to non - represented party by the Closing Agent does not establish an attorney/client relationship between the non - represented party and the Closing Agent . 2 . BUYER HAS REVIEWED TITLE INSURANCE COMMITMENT. Buyer hereby represents that Buyer has received the Commitment for Title Insurance issued in conjunction with this transaction, and has had the opportunity to review same prior to closing . Buyer has carefully reviewed the instrument of conveyance ( i . e . Deed ) , and acknowledges that Buyer is taking title to the property in the manner desired by Buyer . It is the Buyer ' s sole responsibility to secure independent legal counsel , if necessary, to understand the legal implications of the applicable concurrent ownership established . 3 . SURVEY . If a current surveywas prepared Buyer hereby represents that Buyer has Y obtained a survey in conjunction with this transaction and acknowledges that Buyer has had an opportunity to review the same prior to or at the time of closing this transaction , noted such matters reflected in the survey, which include, but not limited to, easements, boundary line locations, dimensions, and encroachments from Buyer ' s property onto adjoining properties, if any, and Buyer accepts title subject to the matters set forth thereon . 4 . BUYER REPRESENTS AND WARRANTS . To the best of Buyer's knowledge . A . Within the last 90 days, no mechanicsmen , materialsmen or laborers have provided services which remain unpaid for which Buyer personally contracted . OR Within the past 90 days, there have been no improvements or repairs to the subject property which costs thereon remain unpaid , other than the following for which Buyer personally contracted : for which Buyer agrees to make payment in full . Be That Buyer has inspected the property prior to closing and accepts the subject property in its present condition , or waives their right of inspection . C . Buyer represents and warrants that Buyer has not and will not execute any instrument that would adversely affect the interest being insured prior to the recording of the closing and/or loan documents in this closing, including but not limited to executing a Note, Mortgage, ( other than the lender in thi:; closing transaction ) or a Notice of Commencement. 5 . AUTHORIZATION TO CLOSING AGENT : Buyer and Seller hereby authorize Closing Agent to procure and record all documents required to facilitate the closing of the transaction , AND to make all disbursements that appear on the Closings/ Settlement Statement. 6 . SETTLEMENT STATEMENT COSTS : This Firm strives to compile a precise and accurate Settlement Statement/Closing Statement in conjunction with the closing of this transaction . However, occasionally, certain costs and expenses are estimated on limited information available to the Closing Agent at the time of preparing the Settlement Statement/Closing Statement, which results in settlement charges that may exceed the actual INITIALS . /�i and lower in priority than this Easement . D . The right to contest tax appraisals , assessments , taxes and other charges on the Property . E . The right to construct, maintain and remove trails , recreational structures , walkovers , and other improvements consistent with the operation of a county park on the Property . ARTICLE VI . GRANTEE ' S REMEDIES A . Remedies . If Grantee determines that Grantor is in violation of the terms of this Easement or that a violation is threatened , Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and , where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement , to restore the portion of the Property so injured . If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee , or under circumstances where the violation cannot reasonably be cured within a 30-day period, fails to begin curing such violation within the 30 -day period, or fails to continue diligently to cure such violation until finally cured , Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation , ex parte as necessary , by temporary or permanent injunction , to recover any damages to which it may be entitled for violation of the terms of this Easement or injury to any conservation values protected by this Easement , including damages for the loss of scenic , aesthetic , or environmental values , and to require the restoration of the Property to the condition that existed prior to any such injury . Without limiting Grantor ' s liability therefor, Grantee , in its sole discretion , may apply any damages recovered to the cost of undertaking any corrective action on the Property . If Grantee , in its sole discretion , determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property , Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire . Grantee' s rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Easement, and Grantor agrees that Grantee ' s remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph , both prohibitive and mandatory , in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies . Grantee' s remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity . B . Grantee ' s Discretion . Enforcement of the terms of this Easement shall be at the discretion of Grantee , and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee' s rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver . C . Waiver of Certain Defenses . Grantor hereby waives any defense of estoppel , adverse possession or prescription . D . Acts Beyond Grantor ' s Control . Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor' s control , including, without limitation , fire , flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate , or mitigate significant injury to the Property resulting from such causes . E . Hold Harmless . To the extent permitted by Florida Statutes section 728 . 68 , and other applicable Florida law , Grantor shall hold harmless , indemnify, and defend Grantee and its members , directors , officers , employees , agents , and contractors and the heirs , personal representatives , successors, and assigns of each of them (collectively " Indemnified Parties " ) from and against all liabilities , penalties , costs , losses , damages , expenses, BLA - 104 , Revised 01 /26/06 5 and lower in priority than this Easement . D . The right to contest tax appraisals , assessments , taxes and other charges on the Property . E . The right to construct, maintain and remove trails , recreational structures , walkovers , and other improvements consistent with the operation of a county park on the Property . ARTICLE VI . GRANTEE ' S REMEDIES A . Remedies . If Grantee determines that Grantor is in violation of the terms of this Easement or that a violation is threatened , Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and , where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement , to restore the portion of the Property so injured . If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee , or under circumstances where the violation cannot reasonably be cured within a 30-day period, fails to begin curing such violation within the 30 -day period, or fails to continue diligently to cure such violation until finally cured , Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation , ex parte as necessary , by temporary or permanent injunction , to recover any damages to which it may be entitled for violation of the terms of this Easement or injury to any conservation values protected by this Easement , including damages for the loss of scenic , aesthetic , or environmental values , and to require the restoration of the Property to the condition that existed prior to any such injury . Without limiting Grantor ' s liability therefor, Grantee , in its sole discretion , may apply any damages recovered to the cost of undertaking any corrective action on the Property . If Grantee , in its sole discretion , determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property , Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire . Grantee' s rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Easement, and Grantor agrees that Grantee ' s remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph , both prohibitive and mandatory , in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies . Grantee' s remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity . B . Grantee ' s Discretion . Enforcement of the terms of this Easement shall be at the discretion of Grantee , and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee' s rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver . C . Waiver of Certain Defenses . Grantor hereby waives any defense of estoppel , adverse possession or prescription . D . Acts Beyond Grantor ' s Control . Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor' s control , including, without limitation , fire , flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate , or mitigate significant injury to the Property resulting from such causes . E . Hold Harmless . To the extent permitted by Florida Statutes section 728 . 68 , and other applicable Florida law , Grantor shall hold harmless , indemnify, and defend Grantee and its members , directors , officers , employees , agents , and contractors and the heirs , personal representatives , successors, and assigns of each of them (collectively " Indemnified Parties " ) from and against all liabilities , penalties , costs , losses , damages , expenses, BLA - 104 , Revised 01 /26/06 5 RE : Windsor " B " CLOSING AGREEMENT The undersigned hereby authorize the law firm of Collins, Brown , Caldwell, Barlkett 8z Garavaglia , Chtd . ( " Closing Agent" ) to close the transaction between INDIAN RIVER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORDA, ( " SELLER" ) AND WINDSOR PROPERTIES , A FLORIDA GENERAL PARTNERSHIP', ( " BUYER " ) : 1 . CLOSING AGENT REPRESENTATION . The Closing Agent represents the ( ) SELLER ., ( X ) BUYER ( ) LENDER in this transaction . Any closing fee charged to non - represented party by the Closing Agent does not establish an attorney/client relationship between the non - represented party and the Closing Agent . 2 . BUYER HAS REVIEWED TITLE INSURANCE COMMITMENT. Buyer hereby represents that Buyer has received the Commitment for Title Insurance issued in conjunction with this transaction, and has had the opportunity to review same prior to closing . Buyer has carefully reviewed the instrument of conveyance ( i . e . Deed ) , and acknowledges that Buyer is taking title to the property in the manner desired by Buyer . It is the Buyer ' s sole responsibility to secure independent legal counsel , if necessary, to understand the legal implications of the applicable concurrent ownership established . 3 . SURVEY . If a current surveywas prepared Buyer hereby represents that Buyer has Y obtained a survey in conjunction with this transaction and acknowledges that Buyer has had an opportunity to review the same prior to or at the time of closing this transaction , noted such matters reflected in the survey, which include, but not limited to, easements, boundary line locations, dimensions, and encroachments from Buyer ' s property onto adjoining properties, if any, and Buyer accepts title subject to the matters set forth thereon . 4 . BUYER REPRESENTS AND WARRANTS . To the best of Buyer's knowledge . A . Within the last 90 days, no mechanicsmen , materialsmen or laborers have provided services which remain unpaid for which Buyer personally contracted . OR Within the past 90 days, there have been no improvements or repairs to the subject property which costs thereon remain unpaid , other than the following for which Buyer personally contracted : for which Buyer agrees to make payment in full . Be That Buyer has inspected the property prior to closing and accepts the subject property in its present condition , or waives their right of inspection . C . Buyer represents and warrants that Buyer has not and will not execute any instrument that would adversely affect the interest being insured prior to the recording of the closing and/or loan documents in this closing, including but not limited to executing a Note, Mortgage, ( other than the lender in thi:; closing transaction ) or a Notice of Commencement. 5 . AUTHORIZATION TO CLOSING AGENT : Buyer and Seller hereby authorize Closing Agent to procure and record all documents required to facilitate the closing of the transaction , AND to make all disbursements that appear on the Closings/ Settlement Statement. 6 . SETTLEMENT STATEMENT COSTS : This Firm strives to compile a precise and accurate Settlement Statement/Closing Statement in conjunction with the closing of this transaction . However, occasionally, certain costs and expenses are estimated on limited information available to the Closing Agent at the time of preparing the Settlement Statement/Closing Statement, which results in settlement charges that may exceed the actual INITIALS . /�i airs and inspections, surveys , etc . ) . C ( i . e . , costs of recording documents , cost of rep p , Due to the administrative burden and cost of refunding monies to parties involved in the transaction , the policy of this Firm is only to reimburse overpayments totaling more than Twenty- Five Dollars ( $ 25 . 00 ) . Overpayments totaling Twenty- Five ( $ 25 . 00 ) or less shall be applied to offset additional post closing administrative costs created by the overpayment and remain the property of the Closing Agent. cooperate with the Closing coo 7 . CORRECTION OF ERRORS : The undersigned agree to p Agent to correct technical errors or deficiencies in the drafting of any document executed at the closing, including loan documents, if any . In the event any documents which adversely affect title to the property are filed of record subsequent to the effective date of the 11 Commitment of Title in this transaction , through the date and time of recording of the Deed to Buyer, Seller agrees to assume full responsibility for satisfaction and / or removal of same . If for any reason sufficient funds are not collected at closing by the Closing Agent to pay ( Including, but not limited to : the proration or all persons and entities entitled to payment , ( g, I collection of real estate or personal property taxes ; any collection or proration of rents, and osits ° an collection or proration of homeowner association or condominium security dep Y association assessments or maintenance dues; any collection or proration of service contracts, i . e . , pest control , security systems , pool maintenance, appliance maintenance; any collection i of payoffs for outstanding mortgages, impact fees, utilities intangible tax chargeiorsother jo any charge for recording or re - recording 'fees, documentary an d /o g governmental charge; any charge for payment of insurance premiums ; any charge for payment of repairs, or inspections ) , the person or entity responsible for such payment shall forthwith pay the additional funds to Closing Agent. ( NOTE : Any sales tax due on rental properties through the end of the month of the closing shall be paid directly to the proper g a file suit b agency by may against the undersigned in the applicable the Seller . ) Closing Agent y County or Circuit Court to collect the funds, in which event, the undersigned will pay all costs and expenses incurred in such suit, including a reasonable attorney' s fees, including fees on appeal or in any bankruptcy proceeding . The venue for any reasonable attorneys ' f pp action regarding the enforcement of this provision shall be Indian River County, Florida . S : The undersigned hereby acknowledge and understand that in the g . NET PROCEED event the collected funds required by the Buyer, and Buyer's loan proceeds , if any, are not received by this office by 11 : 00 a . m . E . S . T . on the day of closing, the Closing Agent cannot guarantee available funds on that day to Seller . Although all best efforts will be made to accommodate the parties , Closing Agent may not be able to initiate wire transfers of Seller' s proceeds on the closing date if Buyer' s funds are received by Closing Agent after 1 1 : 010 a . m . E . S . T . Due to the complicated nature of wire transfers, Buyer acknowledges that in order to positively assure wired funds will be credited to Closing Agent's Trust Account on the day of closing, wire transfers by Buyer transmitting required funds for closing must be initiated at least one business day prior to closing . 9 . REAL ESTATE AGENTS/ BROKERS : Buyer and Seller warrant and represent that there are no real estate brokers involved in this transaction other than those addressed on the will indemnify and hold harmless each other and Closing Closing/ Settlement Statement, and di by any other person or realtor relating Agent for claims for compensation , and any d to , or arising from, the above - referenced transaction . 10 . CURRENT YEAR REAL ESTATE TAXES APPEARING ON THE CLOSING STATEMENT/ SETTLEMENT STATEMENT : ( x ) Buyer and Seller understand that the 20C OtC9 real estate ax calculated byxes were prorated Debbie Gee in the based upon the ACTUAL year Indian River County Tax Collector's office . INITIALS : KAW) causes of action , claims , demands , or judgments , including , without limitation , reasonable attorney fees , arising from or in any way connected with : ( 1 ) injury to or the death of any person , or physical damage to any property , resulting from any act , omission , condition , or other matter related to or occurring on or about the Property , regardless of cause , unless due solely to the negligence of any of the Indemnified Parties ; (2 ) the obligations specified in paragraph VIIIA . and VIII . B . ; and ( 3 ) the existence or administration of this Easement . ARTICLE VII. PUBLIC ACCESS The granting of this Easement does not affect access and use of the Property as a county park by the public in accordance with any access and use restrictions established by Grantor . ARTICLE VIII. MISCELLANEOUS A . Costs and Liabilities . Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership , operation , upkeep , and maintenance of the Property , including the maintenance of adequate comprehensive general liability coverage . Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to , or obligations incurred by Grantor . B . Taxes . Grantor shall pay before delinquency all taxes , assessments , fees , and charges of whatever description levied on or assessed against the Property by competent authority ( collectively " taxes ") , including any taxes imposed upon , or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request . Grantee is authorized but in no event obligated to make or advance any payment of taxes , upon three (3 ) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority , without inquiry into the validity of the taxes or the accuracy of the bill , statement, or estimate , and the obligation created by such payment shall bear interest until paid by Grantor at the maximum rate allowed by law . C . Extinguishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish , this Easement can only be terminated or extinguished , whether in whole or in part, by judicial proceedings in a court of competent jurisdiction , and the amount of the proceeds to which Grantee shall be entitled , after the satisfaction of prior claims , from any sale, exchange , or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined , unless otherwise provided by Florida law at the time , in accordance with paragraph VIII . D . Grantee shall use all such proceeds in a manner consistent with the Conservation Purposes of this grant or the purposes of the bond or statutory program under which Grantee obtained the purchase money for this Easement . Grantor believes that any changes in the use of neighboring properties will increase the benefit to the public of the continuation of this Easement, and Grantor and Grantee intend that any such changes shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement . In addition , the inability of Grantor to conduct or implement any or all of the uses allowed under the terms of this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. D . Proceeds . This Easement constitutes a real property interest immediately vested in Grantee , which , for the purposes of paragraph VIII . C . , the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of the Easement at the time of this grant to the value of the Property , without deduction for the value of the Easement, at the time of this grant. For the purposes of this paragraph , the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. E . Condemnation . If the Easement is taken , in whole or in part, by exercise of the power of eminent domain, Grantee shall be entitled to compensation in accordance with applicable law . F . Assignment. This Easement is transferable , but Grantee may assign its rights and obligations under this Easement only to a govemmental entity or nonprofit organization whose purposes include the conservation of land or water areas or the preservation of sites or properties , and only upon the consent of Grantor . BLA - 104 , Revised 01 /26/06 6 causes of action , claims , demands , or judgments , including , without limitation , reasonable attorney fees , arising from or in any way connected with : ( 1 ) injury to or the death of any person , or physical damage to any property , resulting from any act , omission , condition , or other matter related to or occurring on or about the Property , regardless of cause , unless due solely to the negligence of any of the Indemnified Parties ; (2 ) the obligations specified in paragraph VIIIA . and VIII . B . ; and ( 3 ) the existence or administration of this Easement . ARTICLE VII. PUBLIC ACCESS The granting of this Easement does not affect access and use of the Property as a county park by the public in accordance with any access and use restrictions established by Grantor . ARTICLE VIII. MISCELLANEOUS A . Costs and Liabilities . Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership , operation , upkeep , and maintenance of the Property , including the maintenance of adequate comprehensive general liability coverage . Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to , or obligations incurred by Grantor . B . Taxes . Grantor shall pay before delinquency all taxes , assessments , fees , and charges of whatever description levied on or assessed against the Property by competent authority ( collectively " taxes ") , including any taxes imposed upon , or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request . Grantee is authorized but in no event obligated to make or advance any payment of taxes , upon three (3 ) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority , without inquiry into the validity of the taxes or the accuracy of the bill , statement, or estimate , and the obligation created by such payment shall bear interest until paid by Grantor at the maximum rate allowed by law . C . Extinguishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish , this Easement can only be terminated or extinguished , whether in whole or in part, by judicial proceedings in a court of competent jurisdiction , and the amount of the proceeds to which Grantee shall be entitled , after the satisfaction of prior claims , from any sale, exchange , or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined , unless otherwise provided by Florida law at the time , in accordance with paragraph VIII . D . Grantee shall use all such proceeds in a manner consistent with the Conservation Purposes of this grant or the purposes of the bond or statutory program under which Grantee obtained the purchase money for this Easement . Grantor believes that any changes in the use of neighboring properties will increase the benefit to the public of the continuation of this Easement, and Grantor and Grantee intend that any such changes shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement . In addition , the inability of Grantor to conduct or implement any or all of the uses allowed under the terms of this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. D . Proceeds . This Easement constitutes a real property interest immediately vested in Grantee , which , for the purposes of paragraph VIII . C . , the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of the Easement at the time of this grant to the value of the Property , without deduction for the value of the Easement, at the time of this grant. For the purposes of this paragraph , the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. E . Condemnation . If the Easement is taken , in whole or in part, by exercise of the power of eminent domain, Grantee shall be entitled to compensation in accordance with applicable law . F . Assignment. This Easement is transferable , but Grantee may assign its rights and obligations under this Easement only to a govemmental entity or nonprofit organization whose purposes include the conservation of land or water areas or the preservation of sites or properties , and only upon the consent of Grantor . BLA - 104 , Revised 01 /26/06 6 airs and inspections, surveys , etc . ) . C ( i . e . , costs of recording documents , cost of rep p , Due to the administrative burden and cost of refunding monies to parties involved in the transaction , the policy of this Firm is only to reimburse overpayments totaling more than Twenty- Five Dollars ( $ 25 . 00 ) . Overpayments totaling Twenty- Five ( $ 25 . 00 ) or less shall be applied to offset additional post closing administrative costs created by the overpayment and remain the property of the Closing Agent. cooperate with the Closing coo 7 . CORRECTION OF ERRORS : The undersigned agree to p Agent to correct technical errors or deficiencies in the drafting of any document executed at the closing, including loan documents, if any . In the event any documents which adversely affect title to the property are filed of record subsequent to the effective date of the 11 Commitment of Title in this transaction , through the date and time of recording of the Deed to Buyer, Seller agrees to assume full responsibility for satisfaction and / or removal of same . If for any reason sufficient funds are not collected at closing by the Closing Agent to pay ( Including, but not limited to : the proration or all persons and entities entitled to payment , ( g, I collection of real estate or personal property taxes ; any collection or proration of rents, and osits ° an collection or proration of homeowner association or condominium security dep Y association assessments or maintenance dues; any collection or proration of service contracts, i . e . , pest control , security systems , pool maintenance, appliance maintenance; any collection i of payoffs for outstanding mortgages, impact fees, utilities intangible tax chargeiorsother jo any charge for recording or re - recording 'fees, documentary an d /o g governmental charge; any charge for payment of insurance premiums ; any charge for payment of repairs, or inspections ) , the person or entity responsible for such payment shall forthwith pay the additional funds to Closing Agent. ( NOTE : Any sales tax due on rental properties through the end of the month of the closing shall be paid directly to the proper g a file suit b agency by may against the undersigned in the applicable the Seller . ) Closing Agent y County or Circuit Court to collect the funds, in which event, the undersigned will pay all costs and expenses incurred in such suit, including a reasonable attorney' s fees, including fees on appeal or in any bankruptcy proceeding . The venue for any reasonable attorneys ' f pp action regarding the enforcement of this provision shall be Indian River County, Florida . S : The undersigned hereby acknowledge and understand that in the g . NET PROCEED event the collected funds required by the Buyer, and Buyer's loan proceeds , if any, are not received by this office by 11 : 00 a . m . E . S . T . on the day of closing, the Closing Agent cannot guarantee available funds on that day to Seller . Although all best efforts will be made to accommodate the parties , Closing Agent may not be able to initiate wire transfers of Seller' s proceeds on the closing date if Buyer' s funds are received by Closing Agent after 1 1 : 010 a . m . E . S . T . Due to the complicated nature of wire transfers, Buyer acknowledges that in order to positively assure wired funds will be credited to Closing Agent's Trust Account on the day of closing, wire transfers by Buyer transmitting required funds for closing must be initiated at least one business day prior to closing . 9 . REAL ESTATE AGENTS/ BROKERS : Buyer and Seller warrant and represent that there are no real estate brokers involved in this transaction other than those addressed on the will indemnify and hold harmless each other and Closing Closing/ Settlement Statement, and di by any other person or realtor relating Agent for claims for compensation , and any d to , or arising from, the above - referenced transaction . 10 . CURRENT YEAR REAL ESTATE TAXES APPEARING ON THE CLOSING STATEMENT/ SETTLEMENT STATEMENT : ( x ) Buyer and Seller understand that the 20C OtC9 real estate ax calculated byxes were prorated Debbie Gee in the based upon the ACTUAL year Indian River County Tax Collector's office . INITIALS : KAW) 1 1 . SUITABILITY OF PROPERTY AND IMPROVEMENTS : In light of the limited role of this Firm , as Closing Agent in this transaction , to administer the closing and facilitate the issuance of title insurance, this Firm has not made and does not make any inquiries, investigations or representations as to the ( a ) physical or environmental condition of the Property, any improvements thereto, or any materials thereon ; or ( b ) suitability of the Property for any particular use . 12 . DISBURSEMENT AUTHORIZATION , ETC . : Closing Agent does not assume any liability or responsibility for any collection or proration for usage charges by any utility . Closing Agent does not assume any responsibility or liability for the collection of rents, gas/ electricity, taxes on personal property, garbage taxes or fees, license fees or taxes , service/ maintenance contracts ( pest control , appliance maintenance, pool care, lawn care, alarm systems, etc . ) , association assessments or dues, or estoppel information furnished by Mortgagees or others . Closing Agent does not assume liability for survey charges or expenses associated with property inspections or loan considerations . The Settlement Statement has been reviewed and approved and the Closing Agent is authorized and directed to complete the closing of the transaction and make disbursement in accordance therewith . In the event of a mortgage assumption , if Seller has received a credit for the escrow account balance, then Seller hereby assigns all right, title, and interest in said account to Buyer . 13 . VOLUNTARY EXECUTION : BUYER and SELLER have signed the closing documents, including this Closing Agreement, freely and voluntarily intending to be bound thereby . Buyer and Seller acknowledge that this Agreement is being provided for the law firm of COLLINS , BROWN , CALDWELL, BARKETT 8z GARAVAGLIA, CHARTERED to serve as the Closing Agent and for the Title Agent, BRUCE BARKETT, and the Title Underwriter, to issue title insurance on the subject transaction . 14 . FACSIMILIE/COUNTERPARTS : This Agreement may be executed in any number of duplicate originals or facsimile copy and any such duplicate original or facsimile copies shall be deemed to constitute one and the same instrument. 15 . Seller, Buyer, and Borrower are used for singular or plural, as the context so requires or admits . 16 . Additional clauses : NONE. BUYER: SELLER. WINDSOR PROPERTIES A Florida General Partnership BY : Torwest, Inc . , a Florida corporation MNamePrin rtner BY' : INDIAN RIVER COUNTY , FLORIDA . v � t� . Ju4oa A Political Subdivision of the State of Florida � � c.,l- rinted Name : Bye As its : DATE : �� 23 , 2008 DATE : a' a` " ) 2009 APPROVED A8 TO FORM ANUZby WILLIAM K. DEBRAAL I'dUPUTY COUNTY ATTORNEY G . Subsequent Transfers . Grantor agrees to incorporate the terms of this Easement in any deed or other legal • instrument by which Grantor divests any interest in all or a portion of the Property , including , without limitation , a leasehold interest . Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer . The failure of Grantor to perform any act required by this paragraph shall not impair the validity or priority of this Easement or limit its enforceability in any way . H . Notices . Any notice , demand , request, consent, approval , or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail , postage prepaid, addressed to the parties as set forth above , or to such other addresses such party may establish in writing to the other . I . Recordation . Grantee shall record this instrument and any amendments in timely fashion in the official records of Indian River County , Florida, and may re-record it at any time as may be required to preserve its rights in this Easement . J . Non -Homestead Certification . Grantor hereby certifies that if a Grantor who is married signs this Easement without the joinder of his or her spouse , the Property is neither the homestead of Grantor nor the primary physical residence of Grantor, nor is the Property contiguous to the homestead or primary physical residence of Grantor . K . Amendments . The terms and provisions of this Easement may be amended by the mutual consent of the parties hereto . No amendment shall be effective until executed with the formality of a deed and recorded in the public records . L . Controlling Law . The laws of the State of Florida shall govern the interpretation and performance of this Easement . M . Liberal Construction . Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of § 704 . 06, Florida Statutes . If any provision in this instrument is found to be ambiguous , an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid . N . Severability. If any provision of this Easement, or the application thereof to any person or circumstance , is found to be invalid , the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid , as the case may be, shall not be affected thereby . O . No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor ' s title in any respect . P . Joint Obligation . The obligations imposed by this Easement upon Grantor shall be joint and several . Q . Successors . The covenants , terms , conditions , and restrictions of this Easement shall be binding upon , and inure to the benefit of, the parties hereto and their respective personal representatives , heirs , successors , and assigns and shall continue as a servitude running in perpetuity with the Property . R. Termination of Rights and Obligations . A party' s rights and obligations under this Easement terminate upon transfer of the party ' s interest in the Easement or Property , except that liability for acts or omissions occurring prior to transfer shall survive transfer. S . Captions . The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation . BLA- 104 , Revised 01 /26/06 7 G . Subsequent Transfers . Grantor agrees to incorporate the terms of this Easement in any deed or other legal • instrument by which Grantor divests any interest in all or a portion of the Property , including , without limitation , a leasehold interest . Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer . The failure of Grantor to perform any act required by this paragraph shall not impair the validity or priority of this Easement or limit its enforceability in any way . H . Notices . Any notice , demand , request, consent, approval , or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail , postage prepaid, addressed to the parties as set forth above , or to such other addresses such party may establish in writing to the other . I . Recordation . Grantee shall record this instrument and any amendments in timely fashion in the official records of Indian River County , Florida, and may re-record it at any time as may be required to preserve its rights in this Easement . J . Non -Homestead Certification . Grantor hereby certifies that if a Grantor who is married signs this Easement without the joinder of his or her spouse , the Property is neither the homestead of Grantor nor the primary physical residence of Grantor, nor is the Property contiguous to the homestead or primary physical residence of Grantor . K . Amendments . The terms and provisions of this Easement may be amended by the mutual consent of the parties hereto . No amendment shall be effective until executed with the formality of a deed and recorded in the public records . L . Controlling Law . The laws of the State of Florida shall govern the interpretation and performance of this Easement . M . Liberal Construction . Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of § 704 . 06, Florida Statutes . If any provision in this instrument is found to be ambiguous , an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid . N . Severability. If any provision of this Easement, or the application thereof to any person or circumstance , is found to be invalid , the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid , as the case may be, shall not be affected thereby . O . No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor ' s title in any respect . P . Joint Obligation . The obligations imposed by this Easement upon Grantor shall be joint and several . Q . Successors . The covenants , terms , conditions , and restrictions of this Easement shall be binding upon , and inure to the benefit of, the parties hereto and their respective personal representatives , heirs , successors , and assigns and shall continue as a servitude running in perpetuity with the Property . R. Termination of Rights and Obligations . A party' s rights and obligations under this Easement terminate upon transfer of the party ' s interest in the Easement or Property , except that liability for acts or omissions occurring prior to transfer shall survive transfer. S . Captions . The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation . BLA- 104 , Revised 01 /26/06 7 1 1 . SUITABILITY OF PROPERTY AND IMPROVEMENTS : In light of the limited role of this Firm , as Closing Agent in this transaction , to administer the closing and facilitate the issuance of title insurance, this Firm has not made and does not make any inquiries, investigations or representations as to the ( a ) physical or environmental condition of the Property, any improvements thereto, or any materials thereon ; or ( b ) suitability of the Property for any particular use . 12 . DISBURSEMENT AUTHORIZATION , ETC . : Closing Agent does not assume any liability or responsibility for any collection or proration for usage charges by any utility . Closing Agent does not assume any responsibility or liability for the collection of rents, gas/ electricity, taxes on personal property, garbage taxes or fees, license fees or taxes , service/ maintenance contracts ( pest control , appliance maintenance, pool care, lawn care, alarm systems, etc . ) , association assessments or dues, or estoppel information furnished by Mortgagees or others . Closing Agent does not assume liability for survey charges or expenses associated with property inspections or loan considerations . The Settlement Statement has been reviewed and approved and the Closing Agent is authorized and directed to complete the closing of the transaction and make disbursement in accordance therewith . In the event of a mortgage assumption , if Seller has received a credit for the escrow account balance, then Seller hereby assigns all right, title, and interest in said account to Buyer . 13 . VOLUNTARY EXECUTION : BUYER and SELLER have signed the closing documents, including this Closing Agreement, freely and voluntarily intending to be bound thereby . Buyer and Seller acknowledge that this Agreement is being provided for the law firm of COLLINS , BROWN , CALDWELL, BARKETT 8z GARAVAGLIA, CHARTERED to serve as the Closing Agent and for the Title Agent, BRUCE BARKETT, and the Title Underwriter, to issue title insurance on the subject transaction . 14 . FACSIMILIE/COUNTERPARTS : This Agreement may be executed in any number of duplicate originals or facsimile copy and any such duplicate original or facsimile copies shall be deemed to constitute one and the same instrument. 15 . Seller, Buyer, and Borrower are used for singular or plural, as the context so requires or admits . 16 . Additional clauses : NONE. BUYER: SELLER. WINDSOR PROPERTIES A Florida General Partnership BY : Torwest, Inc . , a Florida corporation MNamePrin rtner BY' : INDIAN RIVER COUNTY , FLORIDA . v � t� . Ju4oa A Political Subdivision of the State of Florida � � c.,l- rinted Name : Bye As its : DATE : �� 23 , 2008 DATE : a' a` " ) 2009 APPROVED A8 TO FORM ANUZby WILLIAM K. DEBRAAL I'dUPUTY COUNTY ATTORNEY TO HAVE AND TO HOLD unto Grantee , its successors , and assigns forever . W WITNESS WHEREOF Grantor and Grantee have set their hands on the day and year first above written . GRANTOR BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA BY : Wesly . Davis , as Cl alien -- A15p owed BY : ( 4 J e h Baird , s County Administrator Approved as to form d / st : O � / f, : el ey K . Barton Clerk of Court ame Printe County Attorney , 2009 Date Wed by GRANTOR GRANTEE STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) The foregoing instrument was acknowledged before me this day of , 2009 , by Wesley S . Davis , Chairman , Indian River County Board of County Commissioners Such person(s) (Notary Public must check applicable box) : [ 1 is/are personally known to me . �] produced a current driver license(s) . [ ] produced as identification . / ' (NOTARY PUBLIC SEAL) W � " Notary Public 5o,,� �4, L (Printed, Typed or Stamped Name of Notary Public) =otrav °. 4? Notaiy Public State of Florida Sandra L 1Nnght o My Commission DD782733 9'toF F�o4 Expires 06/03/2012 BLAA04 , Revised 01 /26/06 8 TO HAVE AND TO HOLD unto Grantee , its successors , and assigns forever . W WITNESS WHEREOF Grantor and Grantee have set their hands on the day and year first above written . GRANTOR BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA BY : Wesly . Davis , as Cl alien -- A15p owed BY : ( 4 J e h Baird , s County Administrator Approved as to form d / st : O � / f, : el ey K . Barton Clerk of Court ame Printe County Attorney , 2009 Date Wed by GRANTOR GRANTEE STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) The foregoing instrument was acknowledged before me this day of , 2009 , by Wesley S . Davis , Chairman , Indian River County Board of County Commissioners Such person(s) (Notary Public must check applicable box) : [ 1 is/are personally known to me . �] produced a current driver license(s) . [ ] produced as identification . / ' (NOTARY PUBLIC SEAL) W � " Notary Public 5o,,� �4, L (Printed, Typed or Stamped Name of Notary Public) =otrav °. 4? Notaiy Public State of Florida Sandra L 1Nnght o My Commission DD782733 9'toF F�o4 Expires 06/03/2012 BLAA04 , Revised 01 /26/06 8 Exhibit A parcel of land lying and being in Section 14 , Township 31 South , Range 39 East, Tallahassee base meridian , Indian River County , Florida , being more particularly described as follows : COMMENCING at the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East, Indian River County Florida ; thence , bearing North 89 ° 45 ' 10 " East , along the south line of said Government Lot 2 , a distance of 865 . 92 feet to the easterly Right of Way line of State Road A- 1 -A, as shown on Florida Department of Transportation Right of way Map Section No . 88070 -21023 dated 10/21 /57 ; thence , bearing South 24 ° 24' 50 " East , along said Right of Way line , a distance of 536 . 98 feet to the POINT OF BEGINNING of the herein described parcel of land ; thence , leaving said Right of Way line , bearing North 89 ° 2335 " East, a distance of 602 . 10 feet to a point on the Mean High Water . Line of the Atlantic Ocean (Department of Environmental Protection Mean High Water Survey File Number 3646 dated 5 /21 /05 ) ; thence , bearing South 24 ° 21 ' 26 " East, along said Mean High Water Line , a distance of 54 . 63 feet to a point ; thence , leaving said mean High Water Line , bearing South 8923 ' 35 " West, a distance of 602 . 04 feet to the said easterly Right of Way line of State Road A - 1 - A , thence , bearing North 24024 ' 50 " West along said Right of Way line , a distance of 54 . 65 feet to the POINT OF BEGINNING . BSM APPROVED BY SK DATE / . z o . ay Golden Sands Park/ Indian River County Parcel E Conservation Easement Indian River County Exhibit A parcel of land lying and being in Section 14 , Township 31 South , Range 39 East, Tallahassee base meridian , Indian River County , Florida , being more particularly described as follows : COMMENCING at the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East, Indian River County Florida ; thence , bearing North 89 ° 45 ' 10 " East , along the south line of said Government Lot 2 , a distance of 865 . 92 feet to the easterly Right of Way line of State Road A- 1 -A, as shown on Florida Department of Transportation Right of way Map Section No . 88070 -21023 dated 10/21 /57 ; thence , bearing South 24 ° 24' 50 " East , along said Right of Way line , a distance of 536 . 98 feet to the POINT OF BEGINNING of the herein described parcel of land ; thence , leaving said Right of Way line , bearing North 89 ° 2335 " East, a distance of 602 . 10 feet to a point on the Mean High Water . Line of the Atlantic Ocean (Department of Environmental Protection Mean High Water Survey File Number 3646 dated 5 /21 /05 ) ; thence , bearing South 24 ° 21 ' 26 " East, along said Mean High Water Line , a distance of 54 . 63 feet to a point ; thence , leaving said mean High Water Line , bearing South 8923 ' 35 " West, a distance of 602 . 04 feet to the said easterly Right of Way line of State Road A - 1 - A , thence , bearing North 24024 ' 50 " West along said Right of Way line , a distance of 54 . 65 feet to the POINT OF BEGINNING . BSM APPROVED BY SK DATE / . z o . ay Golden Sands Park/ Indian River County Parcel E Conservation Easement Indian River County E � � C1 � 1 � N � '. -i � INT � � n ^ . � v � � a _ SKETCH OF E - a6_ c1 0Lo I J BASEVILLE � WINDSOR " E " EL' IIIusv � eA . N^T _ uRv�, DONOR, , INC * ! tiOVATPJE INFNRASTRJCTL' RE SCLLTIOti � TO �. ,� CL 1 •r �, h1Y LEGAL Ci � 'CRIPT ! 0 !`i rCwNSF�I % : 31 7175 YURRELL ROAD )OIDOL->INt "L. 32"30 021[ 4954 - 3083 N ^ i � SU �� / NvT . G SCALE ?araC=: ;cUrH :9 aSI EtiG^rEERLNG 3[i5CrE69: ]B - 1000 °= 0 J I \ \ \ SCIS -'; ; G vCLSE l SAr`� S III ?K hIORTr! � NOT TO SCALE SOUTH LINE \ r r GOVERNMENT LOT 2 _ 9 N89 ' 45' 10 " E\ 865 . 92' NORTH LINE GOVERNMENT LOT 3 P. 0. C. Z 0 O N Z SOUTH WEST CORNER GOVERNMENT L 0 T 2 \ \ F l -p v t INA A c Z o _ 4< f 7��G Y Jt� i -a z �? \� 7 INA YZi 2 2 p \ N p Z b Cp r o ?. ` IV NORTH 1/2 OF THE NORTH 112 o,, o, y2 o OF GOVERNMENT LOT 3 � Z i Ce _ NIP \ iP m SOUTH 1 /2 OF THE NORTH 1/2 - K • pZ� p'o a, :n_ OF GOVERNMENT LOT 3 r 190p Y D' om Cif O 0 0 p A EXHIBIT C 602. 10' N89 '23935" E N lT y' 2p EXHIBIT E 50 ' EASEMENTa 30 , 104 SQ. FT. 0 . 69E Acres r o: "09 .23' 35" w 602.04' N EXHIBIT D 601 . 90' SOUTH LINE OF THE NORTH 1 /2 OF GOVERNMENT LOT J NOT E� soEdAEpL PLATTED RSM pRpP�Y SANDERLING PN°T0� SUBDI VISION \ PB 11 , PG 91 FSHEET: S REVISIONS CALE N0, BY DESCRIPTION DATE KS I E � � C1 � 1 � N � '. -i � INT � � n ^ . � v � � a _ SKETCH OF E - a6_ c1 0Lo I J BASEVILLE � WINDSOR " E " EL' IIIusv � eA . N^T _ uRv�, DONOR, , INC * ! tiOVATPJE INFNRASTRJCTL' RE SCLLTIOti � TO �. ,� CL 1 •r �, h1Y LEGAL Ci � 'CRIPT ! 0 !`i rCwNSF�I % : 31 7175 YURRELL ROAD )OIDOL->INt "L. 32"30 021[ 4954 - 3083 N ^ i � SU �� / NvT . G SCALE ?araC=: ;cUrH :9 aSI EtiG^rEERLNG 3[i5CrE69: ]B - 1000 °= 0 J I \ \ \ SCIS -'; ; G vCLSE l SAr`� S III ?K hIORTr! � NOT TO SCALE SOUTH LINE \ r r GOVERNMENT LOT 2 _ 9 N89 ' 45' 10 " E\ 865 . 92' NORTH LINE GOVERNMENT LOT 3 P. 0. C. Z 0 O N Z SOUTH WEST CORNER GOVERNMENT L 0 T 2 \ \ F l -p v t INA A c Z o _ 4< f 7��G Y Jt� i -a z �? \� 7 INA YZi 2 2 p \ N p Z b Cp r o ?. ` IV NORTH 1/2 OF THE NORTH 112 o,, o, y2 o OF GOVERNMENT LOT 3 � Z i Ce _ NIP \ iP m SOUTH 1 /2 OF THE NORTH 1/2 - K • pZ� p'o a, :n_ OF GOVERNMENT LOT 3 r 190p Y D' om Cif O 0 0 p A EXHIBIT C 602. 10' N89 '23935" E N lT y' 2p EXHIBIT E 50 ' EASEMENTa 30 , 104 SQ. FT. 0 . 69E Acres r o: "09 .23' 35" w 602.04' N EXHIBIT D 601 . 90' SOUTH LINE OF THE NORTH 1 /2 OF GOVERNMENT LOT J NOT E� soEdAEpL PLATTED RSM pRpP�Y SANDERLING PN°T0� SUBDI VISION \ PB 11 , PG 91 FSHEET: S REVISIONS CALE N0, BY DESCRIPTION DATE KS I Record and Return to: Prepared By : Bruce Barkett, Esq . Collins, Brown, Caldwell, Barkett & Garavaglia, Chartered 756 Beachland Blvd. Vero Beach, FL 32963 Phone: 772/231 -4343 Parcel Numbers : 14 3139 00000 0020 00004 .0 COUNTY DEED INDIAN RIVER COUNTY , FLORIDA THIS DEED, made this Ac5t day of , 2009, by INDIAN RIVER COUNTY , FLORIDA, a political subdivision of the S64e of Florida , Party of the First Part, whose mailing address is 180127" Avenue, Vero Beach , FL 32960, (Grantor) and WINDSOR PROPERTIES, a Florida general partnership, Party of the Second Part, (Grantee), whose mailing address is : 3125 Windsor Blvd . , Vero Beach , Florida 32963 . WITNESSETH that said Party of the First Part, for and in consideration of the sum of TEN DOLLARS AND NO/100 ($ 10. 00) to it in hand paid by the Party of the Second Part, receipt whereof is hereby acknowledged , has granted , bargained , and sold to the Party of the Second Part, its successors and assigns forever, the following described land lying and being in Indian River County , Florida . See attached Exhibit " All for legal description . Subject to : Restrictions , reservations and easements of record , if any, and taxes subsequent to the year 2008 . IN WITNESS WHEREOF, the said Party of the First Part has caused these presents to be executed in its name and by its Board of County Commissioners, acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST : JEFFREY K. BARTON Clerk of Court INDIAN RIVER COUNTY, FLORIDA A political subdivision of the State of Florida BY . is d oCo� C issioners Name Printed : 1A A uR £ &V G'ECF0 B : Name rinte Wesi. ey S . Davis : Deputy Clerk of Circuit Court Title : Chairman Address : 1801 27" Street Approved as to foWv Vero Beach, FL 32960 legal sufficiency : amBCC approved : bverber 7 , 2006 Name Printed : W l t ,ft ,,,,. V , (JP,5-ncL-J (Official Seal) Title : Peru4l cw-c4Ar�4� Y if 4rrjy Record and Return to: Prepared By : Bruce Barkett, Esq . Collins, Brown, Caldwell, Barkett & Garavaglia, Chartered 756 Beachland Blvd. Vero Beach, FL 32963 Phone: 772/231 -4343 Parcel Numbers : 14 3139 00000 0020 00004 .0 COUNTY DEED INDIAN RIVER COUNTY , FLORIDA THIS DEED, made this Ac5t day of , 2009, by INDIAN RIVER COUNTY , FLORIDA, a political subdivision of the S64e of Florida , Party of the First Part, whose mailing address is 180127" Avenue, Vero Beach , FL 32960, (Grantor) and WINDSOR PROPERTIES, a Florida general partnership, Party of the Second Part, (Grantee), whose mailing address is : 3125 Windsor Blvd . , Vero Beach , Florida 32963 . WITNESSETH that said Party of the First Part, for and in consideration of the sum of TEN DOLLARS AND NO/100 ($ 10. 00) to it in hand paid by the Party of the Second Part, receipt whereof is hereby acknowledged , has granted , bargained , and sold to the Party of the Second Part, its successors and assigns forever, the following described land lying and being in Indian River County , Florida . See attached Exhibit " All for legal description . Subject to : Restrictions , reservations and easements of record , if any, and taxes subsequent to the year 2008 . IN WITNESS WHEREOF, the said Party of the First Part has caused these presents to be executed in its name and by its Board of County Commissioners, acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST : JEFFREY K. BARTON Clerk of Court INDIAN RIVER COUNTY, FLORIDA A political subdivision of the State of Florida BY . is d oCo� C issioners Name Printed : 1A A uR £ &V G'ECF0 B : Name rinte Wesi. ey S . Davis : Deputy Clerk of Circuit Court Title : Chairman Address : 1801 27" Street Approved as to foWv Vero Beach, FL 32960 legal sufficiency : amBCC approved : bverber 7 , 2006 Name Printed : W l t ,ft ,,,,. V , (JP,5-ncL-J (Official Seal) Title : Peru4l cw-c4Ar�4� Y if 4rrjy P:\ sur:ey\86901 .01 \ dwg\ TfTLE TRANSFER EX 10- 19 - 06 . d •.Y9 , Dec 17 , 2008 — 12 :00 : 43PM , kstafflinaer BASKERVILLE - LEGAL DESCRIPTION PRO ECT: 86901 .0 FikDONOVAN , INC . DRAWING DATE: 4/20/07 SECTION: t ? INNOVATIVE INFRASTRUCTURE SOLUTIONS 7175 YDRRKU ROADTOWNSHIP' 31 MZOt7RNI, FL 128M i521175A- 5805 ( Windsor " B " )IBI I ) 0GD'IRKRING DUN=: ®-0000540 RANGE: SOUTH 29 EAST A parcel Of Icn: d lying and . being in Section 14 , Township 31 South , Range 39 East , Tcllohossee base meridian , Indian River County , Florida , being more particularly described as follows : . Commencing at the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East , Indian River County Florida ; Thence , bearing North 89' 4510 " East , along the south line of said Government lot 2 , a distance of 865 . 92 feet to a point on the easterly Right of Way line of State Rood A- 1 —A, as shown on Florida Department of Transportation Right of way Map Section No . 88070 - 2102 , dated 10/21 / 57 ; Thence , bearing North 24024 ' 50 ' West , along said Right of Way line , a distance of 419 . 51 feet to the Point of Beginning of the herein described parcel of land ; Thence , bearing North 24' 24 ' 50 " West , along said Right of Way line , a distance of 608 . 31 feet to a point ; Thence , leaving said Right of Way line of State Rood A- 1 — A, bearing North 89045 ' 09 " East a distance of 577 . 55 Feet to a point on the Mean High Water Line of the Atlantic Ocean ; Thence , bearing South 26' 18 ' 47 " East , along said Mean High Water Line , a distance of 98 . 03 feet to a point ; Thence , bearing South 28' 25 ' 11 " East, along said Mean High Water line , o distance of 441 . 87 feet to a point; Thence , bearing South 22' 31 ' 33 " East, along said Mean High Water line , a distance <� of 83 . 66 feet to a point; E Thence , leaving said Mean High Water Line , bearing South 89' 45 ' 09 " West , a H distance of 611 . 92 feet to a point on the aforesaid easterly Right of Way line of � Stote Road A- 1 — A, and the point being the Point of Beginning . x WThe above described parcel of land contains an area of 331 , 451 square feet or 7 . 609 acres , more or less . Subject to any and all easements and conditions as contained within the chain of title . GENERAL NOTES : 6, THE HORIZONTAL COORDINATE SYSTEM AND BEARINGS 1 . NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE BEEN LOCATED EXCEPT THOSE SHOWN HEREON. COORDINATE SYSTDA, EAST ZONE, NORTH AMERICAN DATUM OF 19830 1990 ADJUSTMENT, THE CONTROL MONUMENTS 2. BASKERVILLE--DONOVAN , INC. CERTIFICATE OF UTIUZED TO ESTABLISH THIS SURVEY WERE FLORIDA LEGEND AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS DEPARTMENT OF TRANSPORTATION REFERENCE MONUMENT LBO340 88- 78—A10 HAVING A COORDINATE VALUE OF NORTHING: 1 ,255, 223.229 AND AN EASTING OF 8476006.325 AND POC = POINT OF COMMENCEMENT 3, THIS DRAWING NOT VAUD WITHOUT THE SIGNATURE AND MONUMENT 88-78—Att HAVING A COORDINATE VALUE OF POB= POINT OF BEGINNING ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR tc NORTHING: 1 ,251 ,561 .215 AND EASTING: 848, 668.737 NAD R = RIGHT OF WAY MAPPER, 83/90, SAID VALUES WERE CONVERTED FROM NAD 27 / " COORDINATE DATUM AS USTED ON THE PLAT OF INDIAN PB = PLAT BOOK 4. THE INFORMATION USED FOR THE GREATION OF THIS RIVER COUNTY COASTAL CONSTRUCTION CONTROL UNE, PLAT PG = PAGE SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY BOOK 12, PAGE 32, PUBUC RECORDS OF INDIAN RIVER BASKERVILLE DONOVAN PROJECT NO 86901 .01 AND A COUNTY, FLORIDA. NGVD29 = NATIONAL GEODETIC VERTICAL BOUNDARY SURVEY BY KIMLEY-HORN AND ASSOCIATES, DATUM OF 1929 PROJECT ND 047013005 DATED 07- 14-04 7. THE BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE FLAN•E, FOORDINATE SYSTEM, EAST ZONE, 5. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, NORTH AMERICAN ,AATUM , F 309�9e0. ADJUSTMENT, AS RIGHTS— OF— WAY AND/OR OWNERSHIP WERE FURNISHED THIS REFERENCED ABOVE �3 &044 Y UNE FOR SURVEYOR EXCEPT AS SHOWN HEREON, A-1 —A DEMOS ' Ni 1415,1V 415,1 �(j t�` FJ . tee F REVISIONS The legal descTPti . h w eportd in cgmpDo eTr lle Ilmimum CHECKED BY; KS Technical Slo rda ' 'tel to b/ riQp Board ofli+�whd Sunryon NO. BY PPe P , r IG1 R Irolive . ` {lwivant to Secrw SCALE DESCRIPTION DATE and Mo N/A 27 $lot d Deli of - _ beret. NOI VALID WITHOUI THE SIGNATURE ANO THE ORIGINAL F.B. PAGE 4 ' RAISED SEAL OF A ROMDA . LICENSED SURVEYOR DRAWN �' KS w - - ;PT SHEET: : 1 OF 2 .5 i. P:\ sur:ey\86901 .01 \ dwg\ TfTLE TRANSFER EX 10- 19 - 06 . d •.Y9 , Dec 17 , 2008 — 12 :00 : 43PM , kstafflinaer BASKERVILLE - LEGAL DESCRIPTION PRO ECT: 86901 .0 FikDONOVAN , INC . DRAWING DATE: 4/20/07 SECTION: t ? INNOVATIVE INFRASTRUCTURE SOLUTIONS 7175 YDRRKU ROADTOWNSHIP' 31 MZOt7RNI, FL 128M i521175A- 5805 ( Windsor " B " )IBI I ) 0GD'IRKRING DUN=: ®-0000540 RANGE: SOUTH 29 EAST A parcel Of Icn: d lying and . being in Section 14 , Township 31 South , Range 39 East , Tcllohossee base meridian , Indian River County , Florida , being more particularly described as follows : . Commencing at the southwest corner of Government Lot 2 , Section 14 , Township 31 South , Range 39 East , Indian River County Florida ; Thence , bearing North 89' 4510 " East , along the south line of said Government lot 2 , a distance of 865 . 92 feet to a point on the easterly Right of Way line of State Rood A- 1 —A, as shown on Florida Department of Transportation Right of way Map Section No . 88070 - 2102 , dated 10/21 / 57 ; Thence , bearing North 24024 ' 50 ' West , along said Right of Way line , a distance of 419 . 51 feet to the Point of Beginning of the herein described parcel of land ; Thence , bearing North 24' 24 ' 50 " West , along said Right of Way line , a distance of 608 . 31 feet to a point ; Thence , leaving said Right of Way line of State Rood A- 1 — A, bearing North 89045 ' 09 " East a distance of 577 . 55 Feet to a point on the Mean High Water Line of the Atlantic Ocean ; Thence , bearing South 26' 18 ' 47 " East , along said Mean High Water Line , a distance of 98 . 03 feet to a point ; Thence , bearing South 28' 25 ' 11 " East, along said Mean High Water line , o distance of 441 . 87 feet to a point; Thence , bearing South 22' 31 ' 33 " East, along said Mean High Water line , a distance <� of 83 . 66 feet to a point; E Thence , leaving said Mean High Water Line , bearing South 89' 45 ' 09 " West , a H distance of 611 . 92 feet to a point on the aforesaid easterly Right of Way line of � Stote Road A- 1 — A, and the point being the Point of Beginning . x WThe above described parcel of land contains an area of 331 , 451 square feet or 7 . 609 acres , more or less . Subject to any and all easements and conditions as contained within the chain of title . GENERAL NOTES : 6, THE HORIZONTAL COORDINATE SYSTEM AND BEARINGS 1 . NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE BEEN LOCATED EXCEPT THOSE SHOWN HEREON. COORDINATE SYSTDA, EAST ZONE, NORTH AMERICAN DATUM OF 19830 1990 ADJUSTMENT, THE CONTROL MONUMENTS 2. BASKERVILLE--DONOVAN , INC. CERTIFICATE OF UTIUZED TO ESTABLISH THIS SURVEY WERE FLORIDA LEGEND AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS DEPARTMENT OF TRANSPORTATION REFERENCE MONUMENT LBO340 88- 78—A10 HAVING A COORDINATE VALUE OF NORTHING: 1 ,255, 223.229 AND AN EASTING OF 8476006.325 AND POC = POINT OF COMMENCEMENT 3, THIS DRAWING NOT VAUD WITHOUT THE SIGNATURE AND MONUMENT 88-78—Att HAVING A COORDINATE VALUE OF POB= POINT OF BEGINNING ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR tc NORTHING: 1 ,251 ,561 .215 AND EASTING: 848, 668.737 NAD R = RIGHT OF WAY MAPPER, 83/90, SAID VALUES WERE CONVERTED FROM NAD 27 / " COORDINATE DATUM AS USTED ON THE PLAT OF INDIAN PB = PLAT BOOK 4. THE INFORMATION USED FOR THE GREATION OF THIS RIVER COUNTY COASTAL CONSTRUCTION CONTROL UNE, PLAT PG = PAGE SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY BOOK 12, PAGE 32, PUBUC RECORDS OF INDIAN RIVER BASKERVILLE DONOVAN PROJECT NO 86901 .01 AND A COUNTY, FLORIDA. NGVD29 = NATIONAL GEODETIC VERTICAL BOUNDARY SURVEY BY KIMLEY-HORN AND ASSOCIATES, DATUM OF 1929 PROJECT ND 047013005 DATED 07- 14-04 7. THE BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE FLAN•E, FOORDINATE SYSTEM, EAST ZONE, 5. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, NORTH AMERICAN ,AATUM , F 309�9e0. ADJUSTMENT, AS RIGHTS— OF— WAY AND/OR OWNERSHIP WERE FURNISHED THIS REFERENCED ABOVE �3 &044 Y UNE FOR SURVEYOR EXCEPT AS SHOWN HEREON, A-1 —A DEMOS ' Ni 1415,1V 415,1 �(j t�` FJ . tee F REVISIONS The legal descTPti . h w eportd in cgmpDo eTr lle Ilmimum CHECKED BY; KS Technical Slo rda ' 'tel to b/ riQp Board ofli+�whd Sunryon NO. BY PPe P , r IG1 R Irolive . ` {lwivant to Secrw SCALE DESCRIPTION DATE and Mo N/A 27 $lot d Deli of - _ beret. NOI VALID WITHOUI THE SIGNATURE ANO THE ORIGINAL F.B. PAGE 4 ' RAISED SEAL OF A ROMDA . LICENSED SURVEYOR DRAWN �' KS w - - ;PT SHEET: : 1 OF 2 .5 i. P :\suev\86901 .01 \dwq\Tf`F�E TRANSFER EX 10 - 19 - 06 .dwq , Dec 17 , 2008 — 12 : 00:24PM, kstafflinger ry SKETCH PROJECT: 9fi901 .01 79BASKERVILLE - DRAWING DATE: 4/ 20/07 DON OVAN 3 INC • WINDSOR " B " SECTICN: 14 LNN OVATIVE IN'F73ASTRVCT'URE SOLUTIONS TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 � r76 A01D NOT TO SCALE oyM n, y29-40 ( 321)L5A-3989 NOTA SURVEY RaNGE scum _e ,.AST ffi7GWY16t1NC 3u5RrI x-00003r9 OCEAN BLUFF SUBDIVISION PB 12 PIS 54 EXHIBIT A S89 ' 45409 " W 577 . 55 ' s NOT TO SCALE SOUTH LINE OF THE NORTH 400' OF GOVERNMENT LOT 2 i NORTH LINE OF THE SOUTH 200' OF THE 0 CP. NORTH 600' OF GOVERNMENT LOT 2 0 -71 \ 7 VFW 0 p �z EXHIBIT B 4 q��p 331 , 451 SQ FT OR 7. 609 ACRESf >r� �A °ong 13 A ? ��- 5} z 0 ' 0 H 'NIP lP PQ o1 0. B. EXHIBIT B r \ Z. 1 T" S89 ' 45' 09 " W 611 . 92' �n \ v � i q \ O S 0: 'G Z r SOUTHWEST CORNER 9 GOVERNMENT LOT 2 P. 0 . Cr \ N89 '45 ' 1CIE 865 . 92 ' SOUTH LINE GOVERNMENT LOT 2 CHECKED BY: KS REVISIONS SCALE NOT TO SCALE N0. BY DESCRIPTION DATE F.B. PAGE DRAWN BY: KS SHEET: 2 OF 2 P :\suev\86901 .01 \dwq\Tf`F�E TRANSFER EX 10 - 19 - 06 .dwq , Dec 17 , 2008 — 12 : 00:24PM, kstafflinger ry SKETCH PROJECT: 9fi901 .01 79BASKERVILLE - DRAWING DATE: 4/ 20/07 DON OVAN 3 INC • WINDSOR " B " SECTICN: 14 LNN OVATIVE IN'F73ASTRVCT'URE SOLUTIONS TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 � r76 A01D NOT TO SCALE oyM n, y29-40 ( 321)L5A-3989 NOTA SURVEY RaNGE scum _e ,.AST ffi7GWY16t1NC 3u5RrI x-00003r9 OCEAN BLUFF SUBDIVISION PB 12 PIS 54 EXHIBIT A S89 ' 45409 " W 577 . 55 ' s NOT TO SCALE SOUTH LINE OF THE NORTH 400' OF GOVERNMENT LOT 2 i NORTH LINE OF THE SOUTH 200' OF THE 0 CP. NORTH 600' OF GOVERNMENT LOT 2 0 -71 \ 7 VFW 0 p �z EXHIBIT B 4 q��p 331 , 451 SQ FT OR 7. 609 ACRESf >r� �A °ong 13 A ? ��- 5} z 0 ' 0 H 'NIP lP PQ o1 0. B. EXHIBIT B r \ Z. 1 T" S89 ' 45' 09 " W 611 . 92' �n \ v � i q \ O S 0: 'G Z r SOUTHWEST CORNER 9 GOVERNMENT LOT 2 P. 0 . Cr \ N89 '45 ' 1CIE 865 . 92 ' SOUTH LINE GOVERNMENT LOT 2 CHECKED BY: KS REVISIONS SCALE NOT TO SCALE N0. BY DESCRIPTION DATE F.B. PAGE DRAWN BY: KS SHEET: 2 OF 2 1 4 1 4 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged and subscribed before me , the undersigned authority , this day of ,2009 , by eS as r &L&. of Indian River Cou , Florida, a po�littiical subdivision of t. e State of Florida, on its behalf, who is Zither : $ oa �d o .F Cbun4-y ( j" personally known to me or s s i aeve � ( ) has/have produced a as identification . N me Printed : � r (Notary Seal ) Notary Public , State of Florida Ewo%� Y '�e Notary Public State of Florin Sandra L WrightMy Commission No . : aMy commission DD78273; My Commission Expires : F F�� Expires 0610312012 r .> STATE OF FLORIDA COUNTY OF The foregoing was acknowledged before me , the undersigned authority , this day of of , 2009 , by as Division of State Lands f as r the Board of Trusthe Florida tees of the Internalepartment of behalf,rotectionl � on its Improvement Fund of the State of Florida, who is either : ( ) personally known to me or ( ) has/have produced a as identification . Name Printed : (Notary Seal) Notary Public , State of Florida My Commission No . : My Commission Expires : STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged and subscribed before me , the undersigned authority , this day of ,2009 , by eS as r &L&. of Indian River Cou , Florida, a po�littiical subdivision of t. e State of Florida, on its behalf, who is Zither : $ oa �d o .F Cbun4-y ( j" personally known to me or s s i aeve � ( ) has/have produced a as identification . N me Printed : � r (Notary Seal ) Notary Public , State of Florida Ewo%� Y '�e Notary Public State of Florin Sandra L WrightMy Commission No . : aMy commission DD78273; My Commission Expires : F F�� Expires 0610312012 r .> STATE OF FLORIDA COUNTY OF The foregoing was acknowledged before me , the undersigned authority , this day of of , 2009 , by as Division of State Lands f as r the Board of Trusthe Florida tees of the Internalepartment of behalf,rotectionl � on its Improvement Fund of the State of Florida, who is either : ( ) personally known to me or ( ) has/have produced a as identification . Name Printed : (Notary Seal) Notary Public , State of Florida My Commission No . : My Commission Expires : CORRECTION OF ERRORS TO : Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , Attorneys at Law RE : INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida , to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Windsor Parcel "E ") Dear Closing Agent : As an inducement to the Law Firm of Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , Attorneys At Law , to act as Closing Agent in the above captioned transaction , the undersigned agrees 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 Loan Agreement/ Commitment 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 Borrower/Owner , 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 closing expense or credit , including but not limited to the following: the collection real estate taxes ; any payment of homeowner association dues or assessments ; any collection of payoffs of outstanding mortgages or assessment liens ; any charge for insurance premiums , recording fees , documentary and/or intangible tax charge or other governmental charge , is in error or additional amounts are due , the undersigned party responsible for payment thereof agrees to forward to the Closing Agent the correct amount due within five ( 5 ) days of the request. Date : X01 , 2009 GRANTOR: India i er ount Flor ' a , a political subdivision of the State of Florida B � v Name Printed : e avis As its : Chairman GRANTEE : Board of Trustees of the Internal Improvement Trust Fund of the State of Florida BY : Division of State Lands of the Florida Department of Protection BY : Name : As its : Date : , 2009 ' ' lt9'� � `1 ' ORM CORRECTION OF ERRORS TO : Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , Attorneys at Law RE : INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida , to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Windsor Parcel "E ") Dear Closing Agent : As an inducement to the Law Firm of Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered , Attorneys At Law , to act as Closing Agent in the above captioned transaction , the undersigned agrees 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 Loan Agreement/ Commitment 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 Borrower/Owner , 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 closing expense or credit , including but not limited to the following: the collection real estate taxes ; any payment of homeowner association dues or assessments ; any collection of payoffs of outstanding mortgages or assessment liens ; any charge for insurance premiums , recording fees , documentary and/or intangible tax charge or other governmental charge , is in error or additional amounts are due , the undersigned party responsible for payment thereof agrees to forward to the Closing Agent the correct amount due within five ( 5 ) days of the request. Date : X01 , 2009 GRANTOR: India i er ount Flor ' a , a political subdivision of the State of Florida B � v Name Printed : e avis As its : Chairman GRANTEE : Board of Trustees of the Internal Improvement Trust Fund of the State of Florida BY : Division of State Lands of the Florida Department of Protection BY : Name : As its : Date : , 2009 ' ' lt9'� � `1 ' ORM