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2012-148A
ala * Hot LEASE AGREEMENT This lease entered into on this Rt day of August , 2012 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida , hereinafter called the "Landlord" , and BEALE HOLDINGS , INC . , hereinafter called the "Tenant" , in consideration of the mutual promises and agreements set forth below, hereby agree as follows . WITNESSETH : 1 . PROPERTY AND TERM. The Landlord hereby leases to the Tenant real property located 1225 5n Street SW in Vero Beach in the County of Indian River, Florida , more particularly described as follows: See Exhibit "A" attached hereto . for a term commencing August 25 , 2012 and terminating on December 31 , 2012 . Since no buildings or improvements are involved , consideration for this lease is included in the purchase price of the property bought by the County. 1 . 1 Termination of Lease by Tenant. Tenant may opt out of this lease anytime during the lease period by providing written notice to Landlord as such . 2 . USE OF PREMISES. During the term of this Lease , the Tenant shall use the leased premises for uses associated with agricultural uses , and for no other purpose. Tenant shall not use the premises , or any part thereof, or permit the same to be used for any illegal , immoral , or improper purposes ; not to make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants . of the vicinity of the premises. 3 . PROPERTY LEASED "AS IS". Tenant agrees that the property is being leased "as is" and that Landlord makes no warranty or guarantee of the condition of the property or any of the improvements. Tenant has examined the premises and has determined that the premises are suitable for Tenant's purposes. 4. COMPLIANCE OF LAW. Tenant shall comply with all of the laws , rules , ordinances , and regulations of the County, State and Federal Governments , and agencies regarding the use of the leased premises . Violation of any law, rule , ordinance or regulation may result in immediate termination of this lease. 5 . MAINTENANCE ` AND REPAIRS . The Tenant agrees to make any and all repairs and improvements to the leased premises and agrees to keep said premises in a safe, clean and attractive condition during the term of this Lease. Upon the 1 _ expiration of the Lease, the Tenant shall surrender the premises quietly and peaceably in substantially the same condition as it was at the outset of this Lease, reasonable wear and tear and damage by the elements excepted . 6. HOLD HARMLESS . The Tenant agrees to hold harmless and indemnify Landlord from any liability which may arise from the Tenant' s use of the leased property. 7 . INSURANCE : The Tenant shall carry the following insurance coverage and shall furnish the Landlord a certificate of said coverage . 7 . 1 INSURANCE .Tenant agrees to keep and maintain at all time during the lease term , at Tenant's expense , an insurance protecting Landlord against damage to the part taken , and a general liability policy protecting Landlord against all claims and demands that may arise or be claimed on account of Tenant' s use of the premises In an amount of at least $200 , 000 . 00 for individual injuries and $300 , 000 . 00 per occurrence. The policy shall be written by a carver licensed to do business in Florida. 7 . 2 SPECIAL REQUIREMENTS : Ten days prior to the commencement of tenancy, a certificate of insurance shall be provided to the Risk Manager for review and approval . The certificate shall provide for the following . Indian River County shall be named as an "Additional Insured" on the general liability policy. Indian River County will be given thirty (30) days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail , return receipt requested , and addressed to the Risk Manager. 8 . MAINTENANCE . Tenant agrees to maintain the property in compliance with all codes, regulations and laws . 9 . RIGHT OF ENTRY TO TEST OR TO INSPECT. The Landlord may enter - upon the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition or for construction purposes . The Landlord may also enter upon the premises for any testing or measuring , so long as it does not disturb Tenant' s use of the premises . Prior 24 hour notice of entry upon leased premises shall be given to Tenant. 10 . NOTICE . Any notices which are required , or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered , or when actually received via U . S . Mail , postage prepaid , return receipt requested , addressed to Tenant at. Joseph E . Beale Beale Holdings , Inc. 3 Seahorse Lane Vero Beach , FL 32963 2 Such notices to Landlord shall be addressed as follows: Board of County Commissioners of Indian River County Attention : Eric Olson , Utilities Director 1801 27th Street Vero Beach , Florida 32960 These addresses may be changed by either party by providing written notification to the other. 11 . Aas p 4du_rina its tenancy 12 . - VIOLATION OF TERMS OF LEASE , If Tenant violates any of the covenants and conditions of this lease, then the Tenant shall become a Tenant at Sufferance, and in the event Tenant is evicted by suit at law, Tenant agrees to pay to Landlord all costs of such suit including a reasonable attorney' s fee; that no assent, expressed or implied , to any breach of one or more of the covenants and agreements shall be deemed to be a waiver of any succeeding or other breach . IN WITNESS WHEREOF we , the Landlord and Tenant, hereunto affixed our hands and seals at Vero Beach , Indian River County, Florida , the day and year first above written . °°°,e.... M..,•°4° 04 g# G�M. . . . �;rs�DyFe..°ee BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA a � By. 4 • • * OQoQo GaryA, Wheeler, Chairman ATTEST: � -' •r•raar •ae By: Je rey R. Smith Clerk of Court and Comptroller Witnessed by: BEALE HOLDINGS , INC . signature: Z?� 4 By: printed name:_ ,� s ph . 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During the Feasibility Study Period , Buyer . may conduct a : Phase I environmental. assessment, an appraisal and any other tests ; analyses, surveys and investigations Cinspections') that Buyer deems necessary to determine .to Buyer's satisfaction the Property's. engineering , architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and . g faded . availability . of access to public roads, water, and other utilities; consistency . with .local, :state.: and regional1 growth; 4mahagement plans;: availability of permits, government approvals, and licenses;: and other inspections that Buyer deems appropriate to determine the Property's suitability and acceptability for the Buyer's intended use. Seller gives Buyer, its agents ; contractors and assigns, the right to eater the Property at any time during the Feasibility Study Period for the purpose of conducting inspections; provided , however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer will indemnify and hold Seller harmless from losses , damages, costs, claims and expenses of any nature , Including attorneys' fees, expenses and liability .incurred :in application for rezoning or related proceedings, and from liability to any person , arising from the .conduct of any and all inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a construction lien being filed against. the Property without Seller`s prior written consent If this transaction does not close, Buyer will , at Buyer' expense, (1 ) repair all damages to the Property resulting from the inspections and return the Property to the condition it was in prior to conduct- of the inspections, and (2) release to Seller all reports and other work generated as a result of the inspections. Buyer will deliver written notice to Seiler prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Property is suitable and acceptable . . . Buyer's failure to comply with this. notice requirement will constitute aoceptance of the Property as suitable for Buyer's intended use In its "as le condition. If the Property is unacceptable to Buyer and written notice of this fact Is timely delivered to Seller, this Contract wiii be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s)- will be returned after Escrow Agent receives . proper authorization from all interested parties. ju IRC 375 3 " Full Ltgal Description for Parcel 33392300001009000.00180 Page 1 of 1 m EX H I I T 1 0 Parco1: 3339230000 0 9000001 .0 PUB Legal Desc dpBon j INDIANRrMRFARMS CO SUB . . . . . k f ,I PBS 225 $ 15 A OF TRACT 9 LESS S 165 PT & LESS N 30 #T FOR CANAL R/W I printf close hl,ip://wwwlrcpa.arg/rook/ OII,ega'*OPx7Parce33392300001009000001 .0 7/16/2012 37 OP ID : AR CERTIFICATE OF LIABILITY INSURANCE °ATE (MM'09/111 /12/12 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) . PRODUCER 772-461 -3171 NAME CT Ann Rise Flowers-Yates Insurance, Inc. PHONE FAX 780 West Midway Road 772-4613405 A/c No Ext : 772461 -3171 A/c No): 772-461 -3405 PO Box 12310 E-MAIL Fort Pierce, FL 34979-2310 ADDRESS: PRODUCER gEALE-1 Ann Rise CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Beale Holdings, Inc. INSURERA : Auto Owners Insurance Company 09703 8r Joseph E Beale Jr 3 Seahorse Lane INSURER B Vero Beach , FL 32960-5231 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES , LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 11000100 A X COMMERCIAL GENERAL LIABILITY X 05468272718448 05/15/12 05/15/13 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,00 CLAIMS-MADE OCCUR MED EXP (Any one person) $ 10100 PERSONAL & ADV INJURY $ 11000900 GENERAL AGGREGATE $ 2,000100 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 21000900 17 POLICY 7 PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION O STATULIMITS O R AND EMPLOYERS' LIABILITY Y / N R ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N / A E. L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required) LOC 001 BLDG 001 1225 5Th St Sw Vero Beach , FL 32962 - 1565 Certificateholder is landlord ( owner of property) and listed as additional insured . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Indian River County 180127 Street Vero Beach , FL 32960-3388 AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION . All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 2234089 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS This instrument was prepared incident to OF INDIAN RIVER COUNTY FL BK : 2602 PG : 694, Pagel of 2 the issuance of a title insurance contract, 08/28/2012 at 02:03 PM , D DOCTAX PD and is to be returned to: $0. 70 Jason A. Beal JEFFREY R SMITH, CLERK OF COURT Atlantic Coastal Title Corporation 3850 20`h Street, Suite 4 Vero Beach, Florida 32960 ACTC File Number: 42079331 Parcel ID Number: 33 -39-23 -00001 -0090-00001 .0 GENERAL WARRANTY DEED This deed, made as of this 24th day of August, 2012, by Beale Holdings, Inc., a Florida corporation (as Grantor) ; and Indian River County, a political subdivision of the State of Florida, whose post office address is : 180127th St., Vero Beach, FL 32960 (as Grantee) ; (Wherever used herein, the terms grantor" and "grantee " shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the context so admits or requires.) WITNESSETH : That the grantor, for and in consideration of the sum of $ 10.00 in hand paid by grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: The East 15 acres of Tract 9, Section 23, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company _ Subdivision, filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25 ; LESS the South 165 feet, and LESS all the easements and right-of--way for public roads, canals, etc. ; said land now lying and being in Indian River County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining . TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same). ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency I This Deed is being given to a governmental entity under threat of condemnation or as a part of an out-of--court settlement of condemnation proceedings and is not subject to tax. IN WITNESS WHEREOF, the said grantor has caused these presents to be signed and sealed in its name, as of the day and year first above written. Beale Holdings, Inc., a Florida corporation [AFFIX CORPORATE SEAL] By: Joseph E. ale, Jr. its President -_ Grantor's Mailing Address : 3 Seahorse Ln Vero Beach, FL 32960 Signed, sealed and delivered in the presence of.* Witness l : Print Name : PrintNa e : W (l1 f 0�rM State of Florida County of Indian River The foregoing instrument was acknowledged before methe date hereinafter given, by Joseph E. _ Beale, Jr. ; as President of the corporation/partnership named herein as the - grantor; on behalf of " the corporation/partnership , and who was/were either personally known to me, or produced as identification of sufficient character so as to identify said individual with reasonable certainty ; and who did/did not take an oath . Witness my hand and official seal in the County and State last aforesaid, this 24th day of August, 2012. Public WILLUM & MALS :r W COMMISSION 1 DD 846549 EXPIRES: Apol 17, 2013 n Bonded ThN NoWy Puble Wder� ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency WESTCOR POLICY NO . LAND TITLE INSURANCE COMPANY OP-25-FL1394=2820415 OWNER ' S POLICY OF TITLE INSURANCE (with Florida Modifications) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS , Westcor Land Title Insurance Company, a California corporation (the "Company") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1 . Title being vested other than as stated in Schedule A. 2 . Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; ( ii) failure of any person or Entity to have authorized a transfer or conveyance; ( iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi ) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding . (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3 . Unmarketable Title. COVERED RISKS CONTINUED ON NEXT PAGE In Witness Whereof, WESTCOR LAND TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized Signa- tory of the Company. Issued By: FL1394 " 42079331 WESTCOR LAND TITLE INSURANCE COMPANY Atlantic Coastal Land Title Company, LLC 3850 - 20th Street, Suite 4 GrN/ 1!] By : / r V Q t0y�,AA Vero Beach , FL 32960Landrde resident �- Attest: - Dkuel+ J Secretary OP-25 ALTA Owners Policy of Title Insurance 6- 17-06 (with FLORIDA Modifications) (WLTIC Edition 1 /26/ 11 ) Page 1 4 . No right of access to and from the Land. 5 . The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zon- ing) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; . (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6 . An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8 . Any taking by a governmental body that has occurred and is binding on' the rights of a purchaser for value without Knowledge. 9 . Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors ' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10 . Any defect in or lien of encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or at- tached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A . The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions . EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (a) created, suffered, assumed, or agreed to by the Insured of this policy, and the Company will not pay loss or damage, costs, Claimant; attorneys' fees, or expenses that arise by reason of. (b) not Known to the Company, not recorded in the Public Rem 1 . (a) Any law, ordinance, permit, or governmental regulation cords at Date of Policy, but Known to the Insured Claimant (including those relating to building and zoning) restricting, regulat- and not disclosed in writing to the Company by the Insured ing, prohibiting, or relating to Claimant prior to the date the Insured Claimant became an Insured under this policy ; (i) the occupancy, use, or enjoyment of the Land; (c) resulting in no loss or damage to the Insured Claimant; ( ii) the character, dimensions, or location of any improve- (d) attaching or created subsequent to Date of Policy ; or ment erected on the Land; (e) resulting in loss or damage that would not have been sus- (iii) the subdivision of land; or tained if the Insured Claimant had paid value for the Title. (iv) environmental protection; 4 . Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, insolvency, or similar creditors' rights laws, that the transaction or governmental regulations . This Exclusion 1 (a) does vesting the Title as shown in Schedule A, is not modify or limit the coverage provided under Covered (a) a fraudulent conveyance or fraudulent transfer; or Risk 5 . (b) Any governmental police power. This Exclusion 1 (b) does not (b) a preferential transfer for any reason not stated in Covered modify or limit the coverage provided under Covered Risk 6. Risk 9 of this policy. 2 . Rights of eminent domain. This Exclusion does not modify or 5 . Any lien on the Title for real estate taxes or assessments imposed limit the coverage provided under Covered Risk 7 or 8 . by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other 3 . Defects, liens, encumbrances, adverse claims, or other matters instrument of transfer in the Public Records that vests Title as shown in Schedule A . OP-25 ALTA Owners Policy of Title Insurance 6- 17-06 (with FLORIDA Modifications) (WLTIC Edition 1 /26/11 ) Page 2 I ^ CONDITIONS 1 . DEFINITION OF TERMS without Knowledge. With respectto Covered Risk 5(d), "Public The following terms when used in this policy mean : Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court (a) "Amount of Insurance": The amount stated in Schedule A, as for the district where the Land is located. may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 0 ) "Title" : The estate or interest described in Schedule A. of these Conditions. I (k) "Unmarketable Title": Title affected by an alleged or apparent (b) "Date of Policy" : The date designated as "Date of Policy" in matter that would permit a prospective purchaser or lessee of Schedule A . the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition (c) "Entity" : A corporation, partnership, trust, limited liability requiring delivery of marketable title . company, or other similar legal entity. (d) "Insured" : The Insured named in Schedule A . 2. CONTINUATION OF INSURANCE (i) The term "Insured" also includes The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains (A) successors to the Title of the Insured by operation of an estate or interest in the Land, or holds an obligation secured by a law as distinguished from purchase, including heirs, purchase money Mortgage given by a purchaser from the Insured, devisees, survivors, personal representatives, or next or only so long as the Insured shall have liability by reason of war= ofkin; rarities in any transfer or conveyance of the Title. This policy shall (B) successors to an Insured by dissolution, merger, con- not continue in force in favor of any purchaser from the Insured solidation, distribution, or reorganization; of either (i) an estate or interest in the Land, or (ii) an obligation (C) successors to an Insured by its conversion to another secured by a purchase money Mortgage given to the Insured. kind of Entity ; 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED (D) a grantee of an Insured under a deed delivered without CLAIMANT payment of actual valuable consideration conveying the The Insured shall notify the Company promptly in writing (i) in Title case of any litigation as set forth in Section 5(a) of these Condi- ( 1 ) if the stock, shares, memberships, or other equity tions, (ii) in case Knowledge shall come to an Insured hereunder of interests of the grantee are wholly-owned by the any claim of 'title or interest that is adverse to the Title, as insured, named Insured, and that might cause loss or damage for which the Company may (2) if the grantee wholly owns the named Insured, be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title . If the Company is prejudiced by (3 ) if the grantee is wholly-owned by an affiliated En- the failure of the Insured Claimant to provide prompt notice, the tity of the named Insured, provided the affiliated Company 's liability to the Insured Claimant under the policy shall Entity and the named Insured are both wholly- be reduced to the extent of the prejudice, owned by the same person or Entity, or 4. PROOF OF LOSS (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the In the event the Company is unable to determine the amount of loss Insured named in Schedule A for estate planning or damage, the Company may, at its option, require as a condition purposes . of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or (ii) With regard to (A), (B), (C), and (D) reserving, however, all other matter insured against by this policy that constitutes the basis rights and defenses as to any successor that the Company of loss or damage and shall state, to the extent possible, the basis would have had against any predecessor Insured. of calculating the amount of the loss or damage . (e) "Insured Claimant": An Insured claiming loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (f) "Knowledge" or "Known": Actual knowledge, not construc- tive knowledge or notice that may be imputed to an Insured by (a) Upon written request by the Insured, and subject to the options reason of the Public Records or any other records that impart contained in Section 7 of these Conditions, the Company, at constructive notice of matters affecting the Title. its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party (g) "Land": The land described in Schedule A , and affixed improve- asserts a claim covered by this policy adverse to the Insured. ments that by law constitute real property. The term "Land" This obligation is limited to only those stated causes of action does not include any property beyond the lines of the area alleging matters insured against by this policy. The Company described in Schedule A, nor any right, title, interest, estate, or shall have the right to select counsel of its choice (subject to the easement in abutting streets, roads, avenues, alleys, lanes, ways, right of the Insured to object for reasonable cause) to represent or waterways, but this does not modify or limit the extent that the Insured as to those stated causes of action. It shall not be a right of access to and from the Land is insured by this policy. liable for and will not pay the fees of any other counsel . The (h) "Mortgage" : Mortgage, deed of trust, trust deed, or other secu- Company will not pay any fees, costs, or expenses incurred by rity instrument, including one evidenced by electronic means the Insured in the defense of those causes of action that allege authorized bylaw. matters not insured against by this policy. (i) "Public Records": Records established under state statutes at (b) The Company shall have the right, in addition to the options Date of Policy for the purpose of imparting constructive notice contained in Section 7 of these Conditions, at its own cost, to of matters relating to real property to purchasers for value and institute and prosecute any action or proceeding or to do any OP-25 ALTA Owners Policy of Title Insurance 6- 17-06 (with FLORIDA Modifications) (WLTIC Edition 1 /26/ 11 ) Page 3 CONDITIONS - CONTINUED other act that in its opinion may be necessary or desirable to ortender paymentof theAmountof Insurance underthis policy establish the Title, as insured, or to prevent or reduce loss or together with any costs, attorneys ' fees, and expenses incurred damage to the Insured . The Company may take any appropri- by the Insured Claimant that were authorized by the Company ate action under the terms of this policy, whether or not it shall up to the time of payment or tender of payment and that the be liable to the Insured. The exercise of these rights shall not Company is obligated to pay. . be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, Upon the exercise by the Company of this option, all liability it must do so diligently. and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, (c) Whenever the Company brings an action or asserts a defense shall terminate, including any liability or obligation to defend, as required or permitted by this policy, the Company may prosecute, or continue any litigation . pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, (b) To Pay or Otherwise Settle With Parties Other Than the Insured in its sole discretion, to appeal any adverse judgment or or With the Insured Claimant. order. (i) to pay or otherwise settle with other parties for or in the name 6. DUTY OF INSURED CLAIMANT TO COOPERATE of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, (a) In all cases where this policy permits or requires the Company attorneys' fees, and expenses incurred by the Insured Claim= to prosecute or provide for the defense of any action or proceed- ant that were authorized by the Company up to the time ing and any appeals, the Insured shall secure to the Company of payment and that the Company is obligated to pay ; or the right to so prosecute or provide defense in the action or (ii) to pay or otherwise settle with the Insured Claimant the loss proceeding, including the right to use, at its option, the name or damage provided for under this policy, together with any of the Insured for this purpose. Whenever requested by the costs, attorneys' fees, and expenses incurred by the Insured Company, the Insured, at the Company 's expense, shall give the Claimant that were authorized by the Company up to the Company all reasonable aid (i) in securing evidence, obtaining time of payment and that the Company is obligated to pay. witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in Upon the exercise by the Company of either of the options provided the opinion of the Company may be necessary or desirable to for in subsections (b)(i) or (ii), the Company 's obligations to the establish the Title or any other matter as insured. If the Company Insured under this policy for the claimed loss or damage, other than is prejudiced by the failure of the Insured to furnish the required the payments required to be made, shall terminate, including any li- cooperation, the Company 's obligations to the Insured under ability or obligation to defend, prosecute, or continue any litigation. the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to 8 DETERMINATION AND EXTENT OF LIABILITY the matter or matters requiring such cooperation. This policy is a contract of indemnity against actual monetary loss (b) The Company may reasonably require the Insured Claimant to or damage sustained or incurred by the Insured Claimant who has submit to examination under oath by any authorized representa- suffered loss or damage by reason of matters insured against by tive of the Company and to produce for examination, inspection, this policy. and copying, at such reasonable times and places as may be (a) The extent of liability of the Company for loss or damage under designated by the authorized representative of the Company, this policy shall not exceed the lesser of all records, in whatever medium maintained, including books, ( i) the Amount of Insurance; or ledgers, checks, memoranda, correspondence, reports, e-mails, ( ii) the di disks, tapes, and videos whether bearing a date before or after difference between the value of the Title as insured and Date of Policy, that reasonably pertain to the loss or damage. the value of the Title subject to the risk insured against by Further, if requested by any authorized representative of the this policy. Company, the Insured Claimant shall grant its permission, in (b) If the Company pursues its rights under Section 5 of these Con- writing, for any authorized representative of the Company to ditions and is unsuccessful in establishing the Title, as insured, examine, inspect, and copy all of these records in the custody or (i) the Amount of Insurance shall be increased by 10%, and control of a third party that reasonably pertain to the loss or dam- age . All information designated as confidential by the Insured ( ii) the Insured Claimant shall have the right to have the loss Claimant provided to the Company pursuant to this Section shall or damage determined either as of the date the claim was not be disclosed to others unless, in the reasonable judgment of made by the Insured Claimant or as of the date it is settled the Company, it is necessary in the administration of the claim . and paid. Failure of the Insured Claimant to submit for examination under (c) In addition to the extent of liability under (a) and (b), the Com- oath, produce any reasonably requested information, or grant pany will also pay those costs, attorneys' fees, and expenses in - permission to secure reasonably necessary information from cuffed in accordance with Sections 5 and 7 of these Conditions . third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability 9. LIMITATION OF LIABILITY of the Company under this policy as to that claim . (a) If the Company establishes the Title, or removes the alleged 7. OPTIONS TO PAY OR OTHERWISE SETTLE defect, lien, or encumbrance, or cures the lack of a right of ac- CLAIMS ; TERMINATION OF LIABILITY cess to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any In case of a claim under this policy, the Company shall have the method, including litigation and the completion of any appeals, following additional options : it shall have fully performed its obligations with respect to that (a) To Pay or Tender Payment of the Amount of Insurance. To pay matter and shall not be liable for any loss or damage caused to the Insured. OP-25 ALTA Owners Policy of Title Insurance 647-06 (with FLORIDA Modifications) (WLTIC Edition 1 /26/11 ) Page 4 (b) In the event of any litigation, including litigation by the Comm Arbitration pursuant to this policy and under the Rules in effect pany or with the Company 's consent, the Company shall have on the date the demand for arbitration is made or, at the option of no liability for loss or damage until there has been a final deter- the Insured, the Rules in effect at Date of Policy shall be binding mination by a court of competent jurisdiction, and disposition upon the parties . The award may include attorneys ' fees only if of all appeals, adverse to the Title, as insured. the laws of the state in which the Land is located permit a court (c) The Company shall not be liable for loss or damage to the to award attorneys' fees to a prevailing party. Judgment upon the Insured for liability voluntarily assumed by the Insured in set- award rendered by the Arbitrator(s) may be entered in any court ding any claim or suit without the prior written consent of the having jurisdiction thereof. Company. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. 10, REDUCTION OF INSURANCE ; REDUCTION OR TERMINATION OF LIABILITY A copy of the Rules may be obtained from the Company upon All payments under this policy, except payments made for costs, request. attorneys' fees, and expenses, shall reduce the Amount of Insurance 15. LIABILITY LIMITED TO THIS POLICY; POLICY by the amount of the payment. ENTIRE CONTRACT 11 , LIABILITY NONCUMULATIVE (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the The Amount of Insurance shall be reduced by any amount the Comm Insured and the Company. In interpreting any provision of this pany pays under any policy insuring a Mortgage to which exception policy, this policy shall be construed as a whole. is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of (b) Any claim of loss or damage that arises out of the status of the Policy and which is a charge or lien on the Title, and the amount Title or by any action asserting such claim whether or not based so paid shall be deemed a payment to the Insured under this policy. on negligence shall be restricted to this policy. 12. PAYMENT OF LOSS (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly When liability and the extent of loss or damage have been definitely incorporated by Schedule A of this policy, fixed in accordance with these Conditions, the payment shall be (d) Each endorsement to this policy issued at any time is made a made within 30 days . part of this policy and is subject to all of its terms and provi- 13. RIGHTS OF RECOVERY UPON PAYMENT OR sions . Except as the endorsement expressly states, it does not SETTLEMENT ( i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, (a) Whenever the Company shall have settled and paid a claim or (iv) increase the Amount of Insurance. under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights 16. SEVERABILITY and remedies in respect to the claim that the Insured Claimant In the event any provision of this policy, in whole or in part, is held has against any person or property, to the extent of the amount invalid or unenforceable under applicable law, the policy shall be of any loss, costs, attorneys' fees, and expenses paid by the deemed not to include that provision or such part held to be invalid, Company. If requested by the Company, the Insured Claimant but all other provisions shall remain in full force and effect. shall execute documents to evidence the transfer to the Com- pany of these rights and remedies. The Insured Claimant shall 17. CHOICE OF LAW; FORUM permit the Company to sue, compromise, or settle in the name o (a) Choice of Law: The Insured acknowledges the Company has f the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting and remedies. interests in real property and applicable to the interpretation , If a payment on account of a claim does not fully cover the loss rights, remedies, or enforcement of policies of title insurance of the Insured Claimant, the Company shall defer the exercise of the jurisdiction where the Land is located. of its right to recover until after the Insured Claimant shall Therefore, the court or an arbitrator shall apply the law of the have recovered its loss. jurisdiction where the Land is located to determine the validity (b) The Company 's right of subrogation includes the rights of the of claims against the Title that are adverse to the Insured and Insured to indemnities, guaranties, other policies of insurance, to interpret and enforce the terms of this policy. In neither case or bonds, notwithstanding any terms or conditions contained shall the court or arbitrator apply its conflicts of law principles in those instruments that address subrogation rights. to determine the applicable law. 14. ARBITRATION (b) Choice of Forum : Any litigation or other proceeding brought by the Insured against the Company must be filed only in a Unless prohibited by applicable law, arbitration pursuant to the state or federal court within the United States of America or its Title Insurance Arbitration Rules of the American Arbitration As- territories having appropriate jurisdiction. sociation may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim . Arbitrable mat- 18. NOTICES, WHERE SENT ters may include, but are not limited to, any controversy or claim Any notice of claim and any other notice or statement in writing between the Company and the Insured arising out of or relating required to be given to the Company under this policy must be to this policy, and service of the Company in connection with its given to the Company at: 201 N . New York Avenue, Suite 200, issuance or the breach of a policy provision or other obligation . Winter Park, Florida 32789, ( 866) 629-5842 . OP-25 ALTA Owners Policy of Title Insurance 6- 17-06 (with FLORIDA Modifications) (WLTIC Edition 1 /26/11 ) Page 5 i OWNER'S POLICY OF TITLE INSURANCE (With Florida Modifications) WESTCOR LAND TITLE INSURANCE COMPANY OWNER ' S POLICY OF TITLE INSURANCE HOME OFFICE 201 N . New York Avenue, Suite 200 Winter Park, Florida 32789 Telephone: (407) 629-5842 IN Ned I N, I decide Ad fn IN s . . . lifeWEST DIN I rd filedR LN edAN"D TITLiledE iNSU i;ANCE CC�MPA Yled 41 UZedlil wnerts II Title Insurance PoliI �N%IlllIe Ae'N 11 IN ` 1: 1 eel I did I fed 11 IN Need died I % J] . = . . . Note : This policy consists of insert pages labeled " Schedule A " and " Schedule B " and is of no force or effect unless all schedules are included, along with any Rider pages incorporated by reference in . the insert pages . SCHEDULE A led Agent's File No : 42079331 Policy No : OP-25 -FL1394-2820415 Effective Date : August 28, 2012 at 2 : 03 PM Amount of Insurance : $ 7501000.00 Address . 1225 5'H St SW. , Vero Beach, FL 1 . The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is : Indian River County, a political subdivision of the State of Florida 2 . In addition to those referred to in Schedule B hereof, the land herein described is encumbered by the following mortgage(s), and assignments thereof (if any) : None ! 3 . The land referred to in this policy is situated in the County of Indian River, State of Florida, and is described as follows : { Tract 6 : The East 15 acres of Tract 9, Section 23 , Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company Subdivision, filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2 , Page 25 ; LESS the South 165 feet, and LESS all the easements and right-of--way for public roads, canals, etc . , said land now lying and being in Indian River County, Florida. Pol l - Policy Insert Page 1 In I WESTC© LAND TITLE INSIT�CE C©MPANY 111 % AlIr—e re JIMI In In, In 'Venn, n1j, rynwn in%,Znll en� In nrrt�wner's Title InlsuraU Poft s . fl Countersigned: Authadzed Signatory ATLANTIC COASTAL LAND TITLE COMPANY, LLC 3850 20`h Street, Suite 4, Vero Beach, Florida 32960 Telephone : 772-5694364 t Pol l = Policy Insert Page 2 - - - - - -- Inn k eIle I Inn ed eq I x z s rnnee ton Ine ,J in JI;Rne Inn n J5 �VVESTCOR L D�TITLE INSURANCE COMin I In I PANY . 3 e In ;SVv In llee nler JI In £>aer's Tine Tnsura>nce PolicIn I,I Iny ti Ie . �� _ . . , Agent's File No : 42079331 Policy No : OM5 =FL1394-2820415 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: GENERAL EXCEPTIONS , 1 . (a) Any encroachment, encumbrance, violation, variation, or adverse circumstances affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments on the Land of the existing improvements located on adjoining land. (b) Easements, or claims of easements, not shown by the public records. (c) If the land described herein abuts a river, lake, stream or other waterway mm- the nature and extent of riparian and/or littoral rights, title to any portion of the land which is submerged, title to any portion below the mean high water mark of a tidal waterway, and title to any portion which consists of "filled-in lands" ; and/or any claim that any portion of said lands are sovereign lands of the State of Florida. 1 (d) Taxes or special assessments which are not shown as existing liens by the public records. SPECIAL EXCEPTIONS : 2 .. The mortgage referred to in item 2 of Schedule A hereof, if any. 3 . General and special real property taxes and assessments for tax year 2012 and subsequent years . 4 . Easement in favor of Florida Power and Light, recorded in Official Records Book 398 , at Page 416, of the Public Records of Indian River County, Florida. In accordance with Title 42 United States Code, Section 3604, any covenants, conditions or restrictions referred to herein, which indicate arty preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, are hereby deleted. Note 1 : This policy does not insure against loss or damage arising as the result of unpaid charges for public utilities furnished by any county, municipality, or public service corporation, which may be or may become a lien upon the land Pol l - Policy Insert Page 3 rr I i ESTCC?R LAND TITLE�INSURANCE CUMPANY �� ev ' lee eee le 177'1 71 ez r4 er eve evil OW'66r s TitXe, Ilns�Ilklureve�n1' 15ce PolicyWr insured hereby under any provision of the Florida Statutes including Section 159 . 17 ; and/or any county, municipal, or special taxing district assessment, including those levied under the provisions of Chapter 190, Florida Statutes, Note 2 : All references herein to recorded instruments, refer to recordations contained within the Public Records of the county in which the land is located. Reference to instruments among the Public Records refer to the first recorded page of the instrument, but include by reference all pages recorded under the Clerk's File Number assigned to the instrument referred to. Poll - Policy Insert Page 4 C w A. Settlement Statement Ptrtparcd by: Atlantic Coastal Land Title Company, MC 3850 20th Strut, Suite 6, Vera Beach, Rorida 32466 . TypeofLoan 1 . ra FHA 2t, Ca FmRA 3, 0 Coto uuin t, a F ra.,+rm a. o a. M . a o zr ,,� ,c sa w 4. 0 VA S. 0 Cow, lraa. 42079331 C. l iitet 77r0form isfW niched to give you a =remenr of actual setddrmxdrrr coag. Arrurtvdat paid as and by dAo irvidement ague' ars shmm,, Xtem marked "(p a c.)" were paid aartside rale rdas€n$; ikey are Chown Ar rr pr informariowlparpmes ime care mrrad frrdade..d &a die mats. Qw.,se,ao ur..�r�.ss nra rr _ Indian lthv bunty, a polilitat stdldivisica of the Staoe of Flod" IMI 27th$9, Vero eock Vt. 32%0 Beale tloldlogi6 tnc,, a roma twporn ian 3 5esborsse lay Vem Beads,"FL 329M0 r nava wm reiaaarx None n.id Stour .. . 1223rStStrl:, Van Beadr,FL32462 . . . N a r Atlan"t Coal Land 11190 Cotgpanys LLC 3M 211th Stmet, Staite 4,, Ven Beady FlWda 3290 p. �pAo 24t1. 21112 r!�9�4� _�'!RMsM? ,Emma oduadSales Price S 754,1 nOD 401 ,Comact sales Price S' 71 400WO:tl0esaa"A 402. atPro9 4,177.70 403. 012 RE Tzm to IR Ca. Tax toile star S 3SRf 3B 40#. q M 1955, 40, 5' p B s. ® % 151' 1917. Ccr Taxea t3ets` D tdr l2f] 1 $ 407..Coy" Taxes KY�aang 13aae to 12131 S 0000 .,ay.. 10L rAsaessawnts to' 408:Assessromts to . 119. 409, 110, 4191: 111, 411; A E22 412, 12A: GROSS Tti1E FM BtJ1'BR; 754,538408 420, GROSS DUE To SELLEW S 7Sri, 00A0 2121 , 2mqitorgamestrn $ 75,011610 Shcl;;likowdesit uzeiassaveclarnt) 2t2? NV4IWrjft v4 rrew tori S 6170 . 303 3etdcmcad Char tar seUnr 3 22;563.is91 ; 2q3. F xiying togas glum subject toSb3. Existing Ions 3oans taken subject to 504. Payoff of first moat loan 266. 56fa. 207: 5477 . 2#18. 8. 70. 111111 IN I I 1 11111111 I 11111i 5459. r 21 It Cbtaety Tax" ldt - Qftiftx Date 356.,36 311 : County taues III • Closing nets � $ 359,38 212. Asscasments . to St2 Asmil rm to 213: 513 214;: „$ Ed. 296. 316. L . 2370 517: 2�8. Sly. 314. :519. S81. TOTAL BJEDuc ox$ IN 3200, TOTAL PAW BY'!F`Q12 BINElts $ 73,350;38 S 22 71F4 3S ANIOUNTDURTiG2 SFLLBNt 301 . Grass ant Bite oma& BUYER $ 754,525.978 601. Gross amt due to sellar S ? ,Q60100 3M, lA sr amt p aid bydfcr BUYER $ . . .. 750350.38 602w Less redluedcus in am dug. sellez $ 220850.38 303 GASH FROM BInT!uRr $ 679,177.70 6it3,. CASH TD SELLERr $ 927,:189.62 11LM4 (346) RESM HB 4305.2 I _ SE't'i"f. FNIENT CHARGES 700. TOTAL SALES18ROM'S COMMISSION: BASED ON PRICE OF $750,A0040 I'A1T1 FR(llsi PAIDFM SELLER'S DIVISION OF COMMISSION ( [ Ane7W ) AS FOLLOWS: i I FUNDS AT rUNDS AT 701 522 500,00 to Deal Batatehfiana itweot C3ro9 serTLEMFit+i'C k SEI"II FMEKI 70L 5 tm 709 . Cemmiss oft paid at soaleanI $ 22.50M 5411_ Loan Ori `nadlonfee % m: 802. Loan Discount % m IM1 tea tot .:_. .. , 99, Credit Report to: _ 805. Lendds Impectim fee to: 806 Mungae Inanrance appSit ation fee to 807, AsratmpLAIR fee to: 808: 901 . €atereafiaau 902. M inastratux pramlusn Poe MMU) 903: Hazard inauraneo premium (or yrx to 904. Fgood ituumaoa mium for ytx to !�05. I001 . Hazadri 1n mcvtamasdbs �. 5 M! ranch _ 1002. M2gp, iraauzaRee months @d per natstnh €004. Count Mutes monose 40 x per month 10016. flood insunI monft 0 S per msmth €W7: A AdJUstwal Asmxana I I01. Setd=wAt or cloigg fet to Adandc Cos" Land Tide Camem LLC 5 195.00 5 0.00 1102, Abstract 4t We search to Wtwskyr LoAd Tide 7nsnrwwo: Company S Moo ' S 0.00 1103. Tick Examination to Adande Coastal Lmnd 75de CompiaI S 45600 $ 0.00 11044 Tisk insurance binder to 1105: Docuparatioo to 11064 P fees t0 1107. Admrne s fern to 1108. Title losursace to Ad2jKkL0oa0l Land Title Cbmp Tr L[.03,825A 825.00 S . 5 1100 1109. LerAkes coma e $ 1110. Ownef4s mran 5 750,000.00 1111, Flo" ComprebI ErtdoM=nt (.Paan 9 I112. ALTA,Envitoomental Protscdon Users Endornedncnt Ferns 8. € 1113 1. 114. . 1201 . Romilin fast: Decd 827.00 fi 27:00 I=.. Slaw tax/siatmps. heed &70 5 030 IS 0,00 UK tntanglble tax on MoMW 0.00 12115. 120b. 1301 . SkI to 1302. Post imspectionta � 1303. txpxm d!hwvc to Atla do Cnastnl Un Tltla Compat% UX 1304, 4k t 1305, 1304. � ....._�...., _ ......,:_.<, .,.....:_....>.__ � . a _ :.... ............ -_......... _ 1307. 1308. 1309. 13€0. 1311. 1312 1400. TOM SBITLEMENT CHARGES aimv not hot tai. sat000 s . ma . u r ssax, smlw K) , $ 4,l77.7Q 227500.M I I have carefully reviewed the Setlletraeatt Statement and to the best of my knowledge and belief, it is a true and accunte statement of and rece pts and disbnrsaments made on my account or by me in this transaction 1 further Oulify that t have received a copy of Settlement statement 13uyet(s), Indian River County, a political subdivision of th to of Florida V1r By. .,..s Ke DeBrnal its Deputy County Attorney Sellers: Reale Hol nz% Inc. J Beale„ Jr. its sal Some costs reflected henna may be based on goad faith estimates that tegttini pon4closing adjustment Any vatlations in actual costs froin dtase Mowed hereon that rcavit in overcharges or undercharges not in excess of MOO to any parry SW be creditedr. 0 or deb ted giros closing fees charged by Atlantic Coastal Land Title Company, LLC. It is finther under , and the parties bereto agree. Haat all tomb received by Atlantic Coastal Lod Title Compaq, 1.1.0 may he placed in escrow accourno that ray be subject to Overnight Reputclum Agreements between Atlantic Coastal and Its depository brink. Interest earned as the mr ult of ouch sgreements, 1f any, is the property of Atlantic Coastal Land Mde Company.. LLC. "Che 11UD-1 Settlement Statement which. I have prepared Is a. true and sxcumte aaxount of this tranaacdO& I have caused or will cause the NrAs to be: disbursed int acourdanoe with this araeutent. =rXffd°3'it �e Co^s�tlily LLC {$ettlerntrii Agent} Closing Data Angtnst 74th, 2012 WARNING: It is a crime to knowingly intake falae.uaeeptents to the United States on this or any other similar form, penalties upon conviction can include o fine ai hnpr srrmnent kr details see: Mtle 18 U. S. Code Section 1001 ash Section 1010. 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Contract (1 ) Feasibility, Study* Buyer will, at Buyers empense on , or before August 21 , 2012 ff easibillty Study Period' , determine whether the Property is suitable and acceptable, In Buyer's4 sots and absolute discretion, for govetrmmental use. During the Feasibility Study Period, Buyer , may conduct a -. Phase i environmental, assessment, an appraisal and any other tests; analyses, surveys and Investigations (Olnspectfonal that Buyer deems . necessary to determine .to Buyer's satisfaction the Propertys. engineering , architectural and environmental properties; zoning and zoning restrictions'; subdivision statutes; soil and . grade; . availability . of access to public roads, water, and other utilities; consistency . with .loo 1, :state.. �and regional, - grcWfif ,management plah�s; availability of permits, govemmeht approvals, and licenses; , and . other inspections that Buyer deems appropriate to determine the Property's suitability and acceptability , for the Buyer's intended use. Seller gives : Buyer, its agents; contractors and assigns, the rlghtto enter the Property at- any time during the Feasibility Study Period for the purpose of oonducting inspections; provided, however, that Buyer, its agents, oontracgors and assigns enter the Property and conduct inspections at their own risk. Buyer will indemnify and hold Seiler harmless from losses, damages, costs, claims and expanses of any nature, including attorneys' fees, expenses and liability .incurred :in application for rezoning or related proceedings, and from liability to any person, arising from the .conduct of any and all Inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result In a construction lien being filed against. the Property without Seller's prior written consent. if this transaction does not dose, Buyer will, at Buyer expense, (1 ) repair all damages to the Property resulting from the inspections and return the Property to the condition it was in prior to conduct of the inspections, and (2) release to Seller all reports and other work generated as a result of the inspections. Buyer will deliver written notice to Seiler prior to the expiration of the Feasibility Study Period of Buyers determination of whether or not the Property Is suitable and acceptable . . . Buyers failure to comply Hrlth this notice requirement, will constitute acceptance of the Property as suitable for Buyers intended use in Its °as W condition. If the Property Is, unacceptable too Buyer and written notice of this fact Is timely delivered to Seller, this Contract will be deemed germinated as of t a day after the . Feasibility Study period ends and Buyer's deposit(sl will be returned after Escrow Agent receives . proper authorization from all Interested parties. IRC 375 L £ UOU911L O' T00000600I0000 £Z6£Efr=ap=dL Ta*Mn Moo Aro•udomevAIA//.(IM - 1 AM ztr M M9Hca 09 K SSa? V I . I Jog Sgt 8 SSTT6 J.'3M OD V 91 $ SZ-Z Slu.} sns 00 syma lmmkviata uopdjona iWn Boil 014100.00060010000m6EEE 4019M avol 1. 3 I p Y and O' t00D0060010000EZ6E££ I2=d oTOJ uortdp=a [Uftl IIA i Parcel # 33-39-23-00001 -0090-00001 . 0 Purchased by Indian River County from Beale Holdings, Inc. , a Florida corporation Public Purpose : algae turf scrubber site Location : 1225 5'h Street SW RESOLUTION NO . 2012 - 093 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS , PURSUANT TO SECTION 196 . 28 , FLORIDA STATUTES . WHEREAS , section 196 . 28 , Florida Statutes , allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes , delinquent or current , held or owned by the county or the state , upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision , or municipality of the state , or the United States , for road purposes , defense purposes , recreation , reforestation , or other public use ; and WHEREAS ,. such cancellation must be by resolution of the Board of County Commissioners , duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted ; and WHEREAS , upon receipt of a certified copy of such resolution , proper officials of the county and of the state are authorized , empowered , and directed 1 RESOLUTION NO . 2012 = 093 to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196 . 28 , F . S . ; NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA , that : 1 . Any and all liens for taxes delinquent or current against the following described lands purchased from Beale Holdings , Inc . , for treating byproduct water, are hereby cancelled pursuant to the authority of section 196 . 28 , F . S . See attached General Warranty Deed recorded in Book 2602 , Pages 594=595 , Public Records of Indian River County, Florida . 2 . The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets , Budget , and the County Attorney' s Office . The resolution was moved for adoption by Commissioner Davis , and the motion was seconded by Commissioner Fl. escher , and , upon being put to a vote , the vote was as follows : 2 RESOLUTION NO . 2012 - 093 Gary C . Wheeler, Chairman Absent Peter D . O ' Bryan , Vice Chairman Aye Wesley S . Davis Ave Joseph E . Flescher Aye Bob Solari Aye The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of October, 2012 . BOARD OF COUNTY COMMISSIONERS ss�oNERS , °"••AOX ., IND! RIVER COUNTY, FLORIDA .• 'cj : By : o : 40amp • v . C ATTEST : Jeffrey R . Smith , Clerk Peter D . O ' Bryan, Vice Chairman *.%:. ,• / '�.��Q�oJ of Circui Court and •. IAN �Y.YRRYYYNU\\NDV C m Her Bye Deputy Clerk Tax Certificates Outstanding _ Yes No Current Prorated Tax Received and Q t� Deposited With Tax Collector ko APPROVED AS TO F RM AND L S FIC BY WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 3 22 �34089 �)RECORDED IN THE RECORDS OF JEFFREY R SMITH , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2602 PG : 594 , 08 / 28 / 2012 02 : 03 PM DOC STAMPS D $ 0 . 70 This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to: Jason A. Beal Atlantic Coastal Title Corporation 3850 20" Street, Suite 4 Vero Beach, Florida 32960 I ACTC File Number: 42079331 Parcel ID Number: 33-39-23 -00001 -0090-00001 .0 GENERAL WARRANTY DEED . This deed, made as of this 24th day of August, 2012, by Beale Holdings, Inc., a Florida corporation (as Grantor) ; and Indian River County, a political subdivision of the State of Florida, whose post office address is: 180127th St., Vero Beach, FL 32960 (as Grantee); (Wherever used herein, the terms grantor" and "grantee" shall include singular and plural, heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the context so admits or requires.) WITNESSETH : That the grantor, for and in consideration of the sum of $ 10.00 in hand paid by grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: The East 15 acres of Tract 9, Section 23, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company Subdivision, filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; LESS the South 165 feet, and LESS all the easements and right-of--way for public roads, canals, etc.; said land now lying and being in Indian River County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same). ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency BK :.� -2602 PG : 595 This Deed is. being given to a governmental entity under threat of condemnation or as a part of an out-of-court settlement of condemnation proceedings and is not subject to tax. IN WITNESS WHEREOF, the said grantor has caused these presents to be signed and sealed in its name, as of the day and year first above written. Beale Holdings, Inc., a Florida corporation [AFFIX CORPORATE SEAL] By: Joseph E. Nale, Jr. its President Grantor's Mailing Address : 3 Seahorse Ln Vero Beach, FL 32960 Signed, sealed and delivered in the presence of: Witness 1 : Print Name: f Print Na e: W f' 1 otM 'c State of Florida County of Indian River The foregoing instrument was acknowledged before me the date hereinafter given, by Joseph E. Beale, Jr. ; as President of the corporation/partnership named herein as the grantor, on behalf of the corporation/partnership, and who was/were either personally known to me; or produced as identification of sufficient character so as to identify said individual with reasonable certainty ; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 24th day of August, 2012. 01 % wUMe. ws y Public M`rCOM64SSIOMMUMS EXPIRES: Apra 1702013 �� Ba�dedriwNot�tPu6leUndr+wlbn ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency