HomeMy WebLinkAbout2010-252 T 4
LEASE AGREEMENT
This lease entered into on this 3rd day of January 2011
by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ,
FLORIDA , a political subdivision of the State of Florida , hereinafter called the
" Landlord " , and RANDY AND LINDA KURPIL , 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 the
property situated thereon , located at 4560 67th Avenue , Vero Beach in the County of
Indian River , Florida , more particularly described as follows :
See Exhibit "A" attached hereto .
for a term of eighteen months commencing August 3 , 2010 and terminating on
November 1 , 2011 . 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 Extension of Lease . This lease shall not be extended beyond the
stated term unless agreed upon in writing , 30 days before expiration of this lease
with the approval of the Board of County Commissioners .
1 . 2 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 a private , single family residence , 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
1
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
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 $ 100 , 000 . 00 for individual injuries and $ 200 , 000 . 00 per
occurrence . The policy shall be written by a carrier 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 mow grass and maintain the
landscaping and shrubbery .
9 . RIGHT TO INSPECT . The Landlord may inspect the leased premises at all
reasonable hours to insure the premises is being properly maintained and kept in
good condition .
10 . ATTORNEY ' S FEES AND COSTS . In the event there arises any dispute or
litigation over the terms and conditions of this Lease , the prevailing party shall be
entitled to all attorney ' s fees , costs and suit money expended to resolve that dispute .
11 . 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
2
a
delivered , or when actually received via U . S . Mail , postage prepaid , return receipt
requested , addressed to Tenant at :
Randy and Linda Kurpil
456067 th Avenue , Vero Beach
Vero Beach , Florida 32967
Such notices to Landlord shall be addressed as follows :
Board of County Commissioners of Indian River County
Attention : Public Works Director
1801 27th Street
Vero Beach , Florida 32960
These addresses may be changed by either party by providing written notification to
the other .
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 .
BOARD OF COUNTY COMMISSIONERS
`°®$��'Y`p • OF INDIAN RIVER COUNTY , FLORIDA
Quo S8 °
0 0 °o
°
T o o p
U o o $ By •
,° Peter D . O ' Bryan , ChairOian
ATTEST : ° , �'°: ° ' °°°°
BCC Approved on October 12 , 2010
By :
Je frey K . Barton
Clerk of Court
By :
Witnessed by : Randy K rpil
signature : �w °
printed namr: c, A, t h
v
signature : ` inda Kurpil
printed name : j8\*\.1
3
is•; / /
SKETCH TO ACCOMPANY .DESCRIPT1'ON .
THIS IS NOT A SURVEY!
LWATION MAF: N01 to s:cALE
14
618 _r i e, 151
-- n Io "OWNERS :
-
--P RANDY AND LINDA KURPfL
d I sa . [SiteVw
t�ipi t1 L R-IngVCROGIFFORd
e , 145t 5. . . DELIMITED ARE'
2bI' 25 41 tH `%S Gif (ir. 27 ,
Ireyr 6. 29
13ortj.er Artt�
IE OPAL �DESORIPTIOM . Ri4RCEL 1 fi 6
8 RNP ,A POSITION OF LOT 3 , , LATERAL 'A ' 5UBDWSION , P, D , , ACCbRD1NG TO THE PLAT' THEREOF,
AS
RECORDED ' IN PLAT BbOk 154 PAGES ° 1 AND 1 :A, PUBLIC 'R.EC;ORbS; : JPDIAN RIVER COUNTY, FLORIDA, BEING
MORE IPARTIGULARLY MCRIBEb- A5 f7OLLOWS;
BEGIN A? THE POINT OF INTER5WTI0N OF THE SOUTH LINE_ : 'F SAID LOT :2 AND THE W85T LINE OF
A
DEDIG'ATED RIGHT OF—WADI, 10:00 FEETAN WIpTH, PER SAID, PI T , OF IAT RAL `A' SU$ DIV.JSION, P
D .
T. t. , -II NdRTH as ' 51 "47 " WEST, ALONr; SAID , iDUTH LINE', A :C115TANGE dF: i 07, . 35 FEEfi; THENCE
h10RTW
01' 24'33" EAST, A bl $Ti4IJCE OF 239 , 80 FEET ; THENCE NORTH OO'Q8'41 " EAST, ALONG A LINE . 1. 12 .00
FE f Ikl 7 OF SAS MEASUREb AT RIGHT ANGLE€) AND' PARAL1E.L WITH TI.HE . EAST Lt . E OF SAID LUT
QISTAN OF 71', dG FEET TO q POINT ON THE NORTH LINE; OF SA1D :LOT° 3;: THENCE SOlJ7H 864;8,1 ' 47"
dL.QNG SAID NORTH LINE, . A DISTANCE .OF 1O'1 .00 FEE�f; AMID
w8OUTH i__ 't S ` 1.0 '` `wE57, ALONG
SAID
WEST LINE , A RISTANCE QF 31 1 ,:2p FEET `TO Tfi POINT ;OF HEGINNJNC ,
CONTAINING 034 :ACRES , MORE :;OR LESS .
CEgeeTfnGAnom
I , H ] REBY .CERTIFY THAT THE DESCRIPTION AND ATTACHE D SKETCH OF ;DESORiPTION WERE PREPARED 1N ACGORbANCE
1V(tH THE SURVEYING `yTANDARR� ; CHAPTER 61G17 =6 , 'FLfihIRA AD�IINISiFRAIVE �iODE, : AS . SET FORTH 9Y THE FLORIDA
BOARD OF PRTIFES5fONAL SURVEYORS MAPPERS; .PUR5UANT TO SECTION,, 472 027, FLO910A'S.TATUTES„ AND Is; TRITE,
AND CORRECT T() '1NI BEST- OF MY kNOWLEOG�E ANl? BES TEF; UNLESS IT liFiftS THE SIGNATURE :AND TFIE ORICtNAL
RA15E0 SEAL OF A FLaRID'A LICENSED SURVEYOR AND . MAPPER, : 7Hi5 LEbAle bliSCRIPTIO'N AND SKETCH • IS FOR
INFORMA .IONAL :PURPOSES! ONLY ' :AND IS NOT 'VALID.
NOTE 7H►S I$' NOT A SKETCH OF :SURVEY,; 8lIT .ONLY A
GRAPHIC DEP1b110N OF THE •DESCRIPTION. SHOWN HEREON. .
THERE HAS HEEW NO HELD 'WORK, VIEWING . OF THE
PERRY C: WHITE WITH) THE: p TION r , 1N Os ATION SO 0WN SON
PIiOFE5510hIAL NAND SURVEYOR AND hIAPPER FIEREON, NOTE LANDS SHOWN HEREON WERE NOT
LICENSE N0, 4213 , STATE OF FLORIDA ABSTRACTEb "POP, :aE$TRICTIONS , RIGHTS .bf-TYAY AND
OATS: 12/6/06 REV i -22 =Q7 . 13EJ EASEMENTS, •OF :REGARD..
a " d APROJECT WAGER QEpm? � 'U ER SCALE CHEGKEO: EH
S PC'b . PC4q I ' 8Q' PCS4
D1 tv 51ffCT TffLE °4TE QAAyM. BY,
P/OM Bto ,
of ADDITIONAL R/1V PROJECT NUMBER bRA— 1 G W49CA
' 2081 Pa waY Tel: (b81):697.7000 fax; (561) G91.7751 WPOO1053
Qu YJenFpegn Bead a Flutda'33411 wwr w.a"rcndlvw;wm SHEET 1 or 2
SKETCH TO ACCOMPANY DES-•RIPTION .
THIS, I $ NOTA 'S.U. RVEY !
EXHIBIT "':A'
130' LATERAL *I CANAL
INbIAN RIVER. :FARMS CO. PLAT .OF LANDS
Q PIA 2 , P64 s25
E¢ST 'LINE OF SE.GTION 19 -..32 =39 �- 'POINT Qr INTERSFGTION OF
•SOUTH LINE OF LOT 3 AND
'WEST .Rj LINE= EAST LINE 'OP LOT 3 WEST LINE OF 10' R/W: PER PLAT OF
QF IAT, I�I}L "A` _ -"'- ---- LATERAL ' Q' S08DIVI510N P. D .
$1A 285.+81 .
OFFSET' 1 �3 ; Q0 R ' 3a 1 .30'.Gl' 661„� AVENUE STAB 262 + 70:63:
- (t, Rs 6 t OFFSET: 2 4 . 35
I FS0'0'Q8 � 0 :11 , 2D'
a. a a' 266+ 0 �
_ .264OQ..
s 1. 0' I7/W PER > F 5 � ' � :6 toaa .
o w0. to
LATEf2AL A SUBOIVISIbN, Vis .. :f r'? .
LYS
nv 23 1
M ti 10 LA-E . PER. PLAT OF
o w 'p M `n "' : E LATERAL "A" SUBDIVISION , :RD . N
n o v `�' g o J P B 15 PG 1 , LR.C.R
W looO .
o i `�. ULTIMATE WET' O/W` LINE r� «5'rn
`.
crcsq ,— + ; .
Li
N
LATER
AL "A° S .OBD1y1510N, P. D. w t;�I;o
z, o OWNERS : RANDY AFID LINDA KUf�PII � � z
4'580 67th A NUE _ z
VLRO BEACH, FL ., X29.67
SCALA 1 " 80' PID . 32-3�919_D,:0002C�OQg00003 . 0 p
O . R. B . 15Q, PG... 28.
LEC,ENO' 208 . 711"
Dt?IdWENCEMIt-W �.
P.Q B . -- POIO OF AEGINNING ,� ' I
P. B. - PLAT B0'6K , o': I
.PG.,. - PAGE "'
SL,C(. R: - ST. =LUGIE COUNTY
:REGOR6S
3`11 .20 '
PROJECT IMAGER 1.00MIM7 1KAu R SCALL CHECKED 8i
PC4i PCtig' t '8O' PC41 .
p � �y y� St
ARn slat TITLE' DATE OWN DY
Di
CA, o 126%06 BEJ
I RCAD,IS+ U. 8 , ( ne , � _ADDITIONAL R/W PROJECT MI6{DER D. WWG . WiIDER
2061 VIsFS'Qadwey Tel;(SBt) 697 iDQD Fez: (561 ) 691.7761 WPOO1 Ds3 1053SD �:6
p Wesl Palm Beach;Fb il.03' 111 w io�codls us,c m SHEET 2 o2
2083496
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK : 2437 PG1619 . Pagel of 2
Prepared by and return to : 08110!2010 at 11 ' 54 AM , DOC STAMPS D
Ralph L . Evans
c?3n nn
Attorney at Law JEFFREY K SARTON , CLERK OF COURT
Stewart, Evans , Stewart & Emmons, P .A.
3355 Ocean Drive
Vero Beach , FL 32963
772-231 -3500 Deed : $ 18 . 50
Pile Number: 13138 Doc Stamps : $ 330 . 40
Will Call No . : 80 Total : $ 348 . 90
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this 3rd day of August, 2010 between Randy Kurpil and Linda
Kurpil , husband and wife whose post office address is 4560 67th Avenue, Vero Beach , FL 32967, grantor,
and Indian River County, a Political Subdivision of the State of Florida whose post office address is 1801
27th Street, Vero Beach , FL 32960 , grantee :
(Whenever used herein the terms " grantor" and " grantee " include all the parties to this instrument and the
heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporations , trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($ 10 . 00) and
other good and valuable considerations to said grantor in hand paid by said grantee , the receipt
whereof is hereby
acknowledged , has granted, bargained , and sold to the said grantee , and grantee' s heirs and assigns forever, the following
described land, situate, lying and being in Indian River County, Florida to-wit :
Being a portion of Lot 3 , Lateral " A " Subdivision , P . D . , according to the Plat
thereof, as recorded in Plat Book 15 , Page 1 and 1A, Public Records of Indian River
County, Florida , being more particularly described as follows :
Begin at the Point of Intersection of the South line of said Lot 22and the West line of
a dedicated Right of Way ; 10 . 00 feet in width per said'Plat of Lateral " A "
Subdivision , P.D . ; thence North 89 degrees 51 ' 47 " West, along said South line a
distance of 107. 35 feet ; thence North 01 degrees 24 ' 33 " East, a distance of 239 . 80
feet; thence North 00 degrees 08 ' 41. " East along a line 112 . 00 feet West of (as
measured at right angles) and parallel with the East line of said Lot 3 , a distance of
71 . 46 feet to a point on the North line of said Lot 3 ; thence South 89 degrees 51 ' 47 "
East , along said North line, a distance of 102 . 00 feet ; thence South 00 degrees 08 '
10 " West, along said West line, a distance of 311 . 20 feet to the Point of Beginning,
Containing 0 . 74 acres , more or less .
Parcel Identification Number : Subject to easements , reservations , restrictions and
right- of-way of record , and taxes accruing subsequent to December 31 , 2009 .
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.
DoubleTime®
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And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple
;
that the grantor has good right and lawful authority to sell and convey said land ; that the 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 accruing subsequent to December 31 , 2009 .
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written .
Signed, sealed and delivered in our presence :
i
t
` eal)
it ess Name : Randy Kurpil
lUl/ ( Seal)
Witness arae : ,/ FOP 0 ' Linda urpil
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this 3rd day of August, 2010 by Randy Kurpil and Linda Kurpil , who
[_] are personally known or [X] have produced a driver's license as identification .
[Notary Seal] Nota y Public
�avvvvveeoaoaeevevavvvvaaovaoevveavvvavovaeveam
JESSICAA. LUMLEY e
�. �?'��., 2:omm# DD�102T9 ? Printed Name : Jessica A Lumley
Expires 10/30/2010
-o; � rt ;. Ftoddallotc+ryAmn., Inco My Commission Expires : October 30 , 2010
I'.caia a9Yvaa a atl ao a e a a oo as a s a a ago a a a a as ao a a e a aa0
Warranty Deed - Page 2 DoubleTime®
y it FJ
2094673
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2449 PG : 1502 , Pagel of 2
10/05/2010 at 02 : 15 PM , D DOCTAX PD
Prepared by and return to: $0 . 70
Ralph L. Evans
Attorney at Law JEFFREY K BARTON , CLERK OF COURT
Stewart, Evans , Stewart & Emmons, P. A .
3355 Ocean Drive
Vero Beach , FL 32963
772- 231 -3500 Deed : $ 18 . 50
File Number : 13138 Doc Stamps : $ . 70
Will Call No . : 80 Total : $ 19 . 20
[Space Above This Line For Recording Data]
Corrective Warranty Deed
This Corrective Warranty Deed is being recorded to correct
the Lot reference in the legal description .
This Warranty Deed made this LQ of September, 2010 between Randy Kurpil and Linda
Kurpil , husband and wife whose post office address is 4560 67th Avenue , Vero Beach , FL 32967 , grantor,
and Indian River County , a Political Subdivision of the State of Florida whose post office address is 1801
27th Street, Vero Beach , FL 32960 , grantee :
( Whenever used herein the terms " grantor" and "grantee " include all the parties to this instrument and the
heirs , legal
representatives , and assigns of individuals, and the successors and assigns of corporations , trusts and trustees)
Witnesseth , that said grantor, for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($ 10 . 00 ) and
other good and valuable considerations to said grantor in hand paid by said grantee , the receipt
whereof is hereby
acknowledged , has granted , bargained , and sold to the said grantee , and grantee 's heirs and assigns forever, the following
described land , situate, lying and being in Indian River County, Florida to- wit :
Being a portion of Lot 3 , Lateral " A " Subdivision , P . D . , according to the Plat
thereof, as recorded in Plat Book 15 , Page 1 and 1A, Public Records of Indian River
County , Florida , being more particularly described as follows :
Begin at the Point of Intersection of the South line of said Lot 3 and the West line of
a dedicated Right of Way ; 10 . 00 feet in width per said Plat of Lateral " A "
Subdivision , P .D . ; thence North 89 degrees 51 ' 47 " West, along said South line a
distance of 107.35 feet ; thence North 01 degrees 24 ' 33 " East, a distance of 239 . 80
feet ; thence North 00 degrees 08 ' 41 " East along a line 112 . 00 feet West of (as
measured at right angles) and parallel with the East line of said Lot 3 , a distance of
71 . 46 feet to a point on the North line of said Lot 3 ; thence South 89 degrees 51 ' 47 "
East, along said North line , a distance of 102 . 00 feet ; thence South 00 degrees 08 ' 10 :
West, along said West line , a distance of 311 . 20 feet to the Point of Beginning.
Containing 0 . 74 acres , more or less .
Parcel Identification Number : Subject to easements , reservations , restrictions and
right- of-way of record , and taxes accruing subsequent to December 31 , 2009 .
Together with all the tenements , hereditaments and appurtenances thereto belonging or in anywise appertaining .
DoubleTimea
To Have and to Hold , the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple ;
that the grantor has good right and lawful authority to sell and convey said land ; that the 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 accruing subsequent toDeeember 31 , 2009 .
In Witness Whereof, grantor has hereunto set grantor' s hand and seal the day and year first above written .
Signed , sealed and delivered in our presence :
Orn I o ( Seal )
Wit ess Name : Randy Ku tl
itness Name : ;;�� � 44
U � ( Seal )
Wit less Name : e> nmr � , /� , / /mow Linda Kurpil
j �Vr
it ess Name :
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this ZZh4 day of 10Fhn C2010 by Randy Kurpil , who
[_] is personally known or [X] has produced a driver's license as ide ification .
[Notary Seal ] !?avvvvfvv�ESSICAALUMLG , WCCCCtYamp Nota Public
Comm# DD0610271Is
EK;Ires1013012010 p Printed Name : Jessica A Lumley
;•,,. Flod a NctaayAssn., Inc 4
- ..< cvmamamaavaacvmmmsmvammvmmcvamcamafl
My Commission Expires : October 30 , 2010
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this Za-�J day of2t�, 2010 by Linda Kurpil , who
[� is personally known or [X] has produced a driver's license as ide tification .
[Notary Seal ] uomvmvnvvvevavveavvvvvvavevvvmvvaamavvvmaavavo Nota Public
JESSICAPL LUMLEY
Co DD0610271
Printed Name : Jessica A Lumley
ystrt a Expires 10/3012010
� . `-'W �'"` Flodeaho?e ^� Assn., Inc
aC:,a Ina.. amCoosa cticaaopacampcaa aaa a comma coma 0'2 My Commission Expires : October 30 , 2010
Warranty Deed - Page 2 DoubleTimeo
y
(American Land Title Association Owner's Policy - 10- 17-92) (With Florida Modifications)
Old Republic National Title Insurance Company
OWNER 'S TITLE INSURANCE POLICY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM
COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPU -
LATIONS , OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minne -
sota corporation, herein called the Company , insures , as of Date of Policy shown in
Schedule A. against loss or damage , not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by reason of:
1 . Title to the estate or interest described in Schedule A being vested other
than as stated therein ;
2 . Any defect in or lien or encumbrance on the title ;
3 . Unmarketability of the title ;
4 . Lack of a right of access to and from the land .
The Company will also pay the costs , attorneys' fees and expenses incurred in defense of
the title , as insured, but only to the extent provided in the Conditions and Stipulations .
In Witness Whereof, OLD REPUBLIC NATIONAL 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 signatory .
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
y A Stock Can:pany
`7[" 4T4i C2�.Jr<a Fi18nllB Stilli. MinnBapolils �vf�mpw' ta 5,5Z.?
1540 3714 111
8y
A 78Sf
SERIAL
OPM -8039908
FORM OPM ( rev . 05/ 10 )
File Number: 13138 DoubleTime® 5 . 1 . 6
6
fi
Old Republic National Title Insurance Company
OWNER 'S POLICY
Schedule A
Policy No . : Effective Date : Agent's File Reference :
OPM - 8039908 August 10 , 2010 @ 11 : 54 AM 13138
Amount of Insurance : 547 , 150 . 00
1 . Name of Insured : Indian River County, Florida, a Political Subdivision of the State of Florida
2 . The estate or interest in the land described herein and which is covered by this policy is a Fee Simple
and is at the
effective date hereof vested in the named insured as shown by instrument recorded as Document No . 2083496 in
Official Records Book 2437 , Page 1619 , of the Public Records of Indian River County , Florida and as Document No .
2094673 in Official Records Book 2449 , Page 1502 , of the Public Records of Indian River County , Florida .
3 . The land referred to in this policy is described as follows :
Being a portion of Lot 3 , Lateral " A " Subdivision , P . D . , according to the Plat thereof, as recorded in Plat
Book 15 , Page 1 and 1A , Public Records of Indian River County, Florida, being more particularly described
as follows :
Begin at the Point of Intersection of the South line of said Lot 3 and the West line of a dedicated Right of
Way ; 10 . 00 feet in width per said Plat of Lateral " A " Subdivision , P . D . ; thence North 89 degrees 51 ' 47
"
West , along said South line a distance of 107 . 35 feet; thence North 01 degrees 24' 33 " East, a distance of
239 . 80 feet ; thence North 00 degrees 08 ' 41 " East along a line 112 . 00 feet West of ( as measured at right
angles ) and parallel with the East line of said Lot 3 , a distance of 71 . 46 feet to a point on the North line of
said Lot 3 ; thence South 89 degrees 51 ' 47 " East, along said North line, a distance of 102 . 00 feet ; thence
South 00 degrees 08 ' 10 : West, along said West line , a distance of 31 1 . 20 feet to the Point of Beginning .
Containing 0 . 74 acres , more or less .
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Agent No . : 19769
Issuing Agent :
Stewart, Evans , Stewart & Emmons , P . A .
3355 Ocean Drive ,y
Vero Beach , FL 32963
Agent' s Signature
Ralph L. Evans
Attorney at Law
Page I of 2
Form OPH SCH. A (rev. 07/09) DoubleTime(? 5 . 1 . 6
Old Republic National 'Title Insurance Company
OWNER 'S POLICY
Schedule B
Policy No . : Agent' s File Reference :
OPM - 8039908 13138
This policy does not insure against loss or damage by reason of the following exceptions :
I • Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing
liens by the public records .
2 . Rights or claims of parties in possession not shown by the public records .
3 . Encroachments , overlaps , boundary line disputes , and any other matters which would be disclosed by an
accurate
survey and inspection of the premises .
4 . Easements or claims of easements not shown by the public records .
5 A" lien, -or4igE 4o -a4ien,-fer serNti s , labor -e .„ nter-ial " eretefore -&F-hereafter-furnished; imposed -by-law-a++d -net-
s,h DELETED
A*y adverse ownership Elanm -by -the State - f F ler+da -by -right -ef severe gnty -te -any pof-tion -of-the -lags -i n sin-ec# -
hereunder—inslud • n ^ submerged , r ed-and ar�oially exposed-lands, o�uslrlanc�s . DELETED
, aui � �s-tea v � � � crbca�rr
7 . All matters contained on the Plat of Lateral " A ” Subdivision , P . D . , as recorded in Plat Book
15 , Page 1 , Public
Records of Indian River County , Florida .
Page 2 of 2
Form OPM SCH. B (rev. 07/09) DoubleTime® 5 . 1 . 6
b
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses
which arise by reason of:
1 . (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws,
ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i ) the occupancy, use, or enjoyment of the land ; (ii) the character, dimensions or location
of any improvement now
or hereafter erected on the land ; (iii ) a separation in ownership or a change in the dimensions or area of the land or any parcel
of which the land is or was
a part; or (iv ) environmental protection , or the effect of any violation of these laws, ordinances or governmental regulations,
except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been
recorded in the public records at Date of Policy .
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy
.
2 . Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy , but not
excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge .
3 . Defects, liens, encumbrances, adverse claims or other matters :
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the
Company by the insured claimant prior to the date the insured claimant became an insured under this policy ;
( c) resulting in no loss or damage to the insured claimant;
( d ) attaching or created subsequent to Date of Policy ; or
( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest
insured by this policy .
4 . Any claim , which arises out of the transaction vesting in the insured the estate or interest insured by this policy,
by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is based on :
( a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results
from the failure :
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
1 . Definition of Terms This policy shall not continue in force in favor of any purchaser from the
The following terns when used in this policy mean : insured of either ( i) all estate or interest in the land, or ( ii) all indebtedness
(a) " insured " : the insured named in Schedule A, and, subject to any secured by a purchase money mortgage given to
the insured .
rights or defenses the Company would have had against the named insured , 3 . Notice of Claim To Be Given by Insured Claimant
those who succeed to the interest of the named insured by operation of law The insured shall notify the Company promptly in
writing ( i) in case of
as distinguished from purchase including, but not limited to, heirs, any litigation as set forth in Section
4(a) below, (ii ) in case knowledge
distributees, devisees, survivors, personal representatives, next of kin, or shall come to an insured hereunder of any claim
of title or interest which
corporate or fiduciary successors is adverse to the title to the estate or interest, as insured, and which might
( b) " insured claimant" : an insured claiming loss or damage . cause loss or damage for which the Company may be liable by
virtue of
( c) " knowledge " or " known " : actual knowledge, not constructive this policy, or ( iii) if title to the estate or
interest, as insured, is rejected as
knowledge or notice which may be imputed to an insured by reason of the unmarketable . If prompt notice shall not be given to
the Company, then as
public records as defined in this policy or any other records which impart to the insured all liability of the Company
shall terminate with regard to
constructive notice of matters affecting the land . the matter or matters for which prompt notice is required
; provided ,
(d) " land " : the land described or referred to in Schedule A , and however, that failure to notify the Company
shall in no case prejudice the
improvements affixed thereto which by law constitute real property The term rights of any insured under this policy unless
the Company shall be
" land " does not include any property beyond the lines of the area described prejudiced by the failure and then only to the extent
of the prejudice .
or referred to in Schedule A. or any right, title, interest, estate or easement in 4 . Defense and Prosecution of Actions ;
Duty of Insured Claimant
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but To Cooperate
nothing herein shall modify or limit the extent to which a right of access to (a) Upon written request by the insured
and subject to the options
and from the land is insured by this policy . contained in Section 6 of these Conditions and Stipulations,
the
(e) " mortgage " : mortgage, deed of trust, trust deed, or other security Company, at its own cost and without unreasonable
delay, shall provide
instrument for the defense of an insured in litigation in which any third party asserts a
(f) " public records " : records established under state statutes at date of claim adverse to the title or interest as insured ,
but only as to those stated
Policy for the purpose of imparting constructive notice of matters relating to causes of action alleging a defect, lien or encumbrance
or other matter
real property to purchasers for value and without knowledge . With respect to insured against by this policy . The Company shall have
the right to select
Section I (a)( iv) of the Exclusions from Coverage, " public records " shall also counsel of its choice (subject to the right
of the insured to object for
include environmental protection liens filed in the records of the clerk of the reasonable cause) to represent the insured as
to those stated causes of
United States district court for the district in which the land is located . action and shall not be liable for and will
not pay the fees of any other
(g) " unmarketability of the title " : an alleged or apparent matter affecting counsel . The Company will not pay any fees, costs or expenses
incurred
the title to the land , not excluded or excepted from coverage, which would by the insured in the defense of those
causes of action which allege
entitle a purchaser of the estate or interest described in Schedule A to be matters not insured against by this policy .
released from the obligation to purchase by virtue of a contractual condition (b) The Company shall have the right, at its own cost,
to institute and
requiring the delivery of marketable title . prosecute any action or proceeding or to do any other act which in
its
2 . Continuation of Insurance After Conveyance of Title opinion may be necessary or desirable to establish the title to the estate
or
The coverage of this policy shall continue in force as of Date of Policy in interest, as insured, or to prevent or reduce loss
or damage to the insured .
favor of an insured only so long as the insured retains an estate or interest in The Company may take any appropriate action
under the terms of this
the land , or holds an indebtedness secured by a purchase money mortgage policy , whether or not it shall be liable hereunder,
and shall not thereby
given by a purchaser from the insured , or only so long as the insured shall concede liability or waive any provision
of this policy . If the Company
have liability by reason of covenants of warranty made by the insured in any shall exercise its rights under this paragraph , it shall
do so diligently .
transfer or conveyance of the estate or interest.
(c) Whenever the Company shall have brought an action or interposed a (i )
to p
ay or in the
defense as required or permitted by the provisions of this policy, the name of an insured claimant any claimherwiseeinsu
ed with againsther � u�nderothis policy,
Company may pursue any litigation to final determination by a court of together with any costs, attorneys' fees
and expenses incurred by the
competent jurisdiction and expressly reserves the right, in its sole discretion, insured claimant which were authorized by the Company
up to the time of
to appeal from any adverse judgment or order. payment and which the Company is obligated to pay ; or
(d) In all cases where this policy permits or requires the Company to ( ii) to pay or otherwise settle with the insured
claimant the loss
prosecute or provide for the defense of any action or proceeding, the insured or damage provided for under this policy,
together with any costs ,
shall secure to the Company the right to so prosecute or provide defense in attorneys' fees and expenses incurred by the insured
claimant which were
the action or proceeding, and all appeals therein, and permit the Company to authorized by the Company up to the time of payment
and which the
use, at its option, the name of the insured for this purpose. Whenever Company is obligated to pay .
requested by the Company, the insured, at the Company's expense, shall give Upon the exercise by the Company of either of the options provided
for in
the Company all reasonable aid (i ) in any action or proceeding, securing paragraphs (b)(i) or (ii ), the Company 's obligations
to the insured under
evidence, obtaining witnesses, prosecuting or defending the action or this policy for the claimed loss or
damage, other than the payments
proceeding, or effecting settlement, and (ii ) in any other lawful act which in required to be made, shall terminate, including
any liability or obligation
the opinion of the Company may be necessary or desirable to establish the to defend, prosecute or continue any litigation .
title to the estate or interest as insured . If the Company is prejudiced by the 7. Determination , Extent of Liability and Coinsurance
failure of the insured to furnish the required cooperation, the Company ' s This policy is a contract of indemnity
against actual monetary loss or
obligations to the insured under the policy shall terminate, including any damage sustained or incurred by the insured
claimant who has suffered
liability or obligation to defend, prosecute, or continue any litigation, with loss or damage by reason of matters insured
against by this policy and
regard to the matter or matters requiring such cooperation . only to the extent herein described .
5. Proof of Loss or Damage (a) The liability of the Company under this policy shall not exceed
In addition to and after the notices required under Section 3 of these the least of:
Conditions and Stipulations have been provided the Company, a proof of (i ) the Amount of Insurance stated in Schedule A ; or,
loss or damage signed and sworn to by the insured claimant shall be ( ii) the difference between the
value of the insured estate or
furnished to the Company within 90 days after the insured claimant shall interest as insured and the value of the insured estate
or interest subject to
ascertain the facts giving rise to the loss or damage. The proof of loss or the defect, lien or encumbrance insured against
by this policy .
damage shall describe the defect in, or lien or encumbrance on the title, or (h) (This paragraph dealing with Coinsurance was
removed frons
other matter insured against by this policy which constitutes the basis of loss Florida policies.)
or damage and shall state, to the extent possible, the basis of calculating the (c) The Company will pay only those
costs, attorneys' fees and
amount of the loss or damage. If the Company is prejudiced by the failure of expenses incurred in accordance with Section 4 of these
Conditions and
the insured claimant to provide the required proof of loss or damage, the Stipulations
Company ' s obligations to the insured under the policy shall terminate, S . Apportionment
including any liability or obligation to defend, prosecute, or continue any If the land described in Schedule A consists of
two or more parcels which
litigation, with regard to the matter or matters requiring such proof of loss or are not used as a single site, and a loss is established
affecting one or more
damage . of the parcels but not all , the loss shall be computed and settled on a pro
In addition, the insured claimant may reasonably be required to submit to rata basis as if the amount of insurance under this
policy was divided pro
examination under oath by any authorized representative of the Company rata as to the value on Date of Policy of each separate
parcel to the whole,
and shall produce for examination , inspection and copying, at such exclusive of any improvements made subsequent
to Date of Policy , unless
reasonable times and places as may be designated by any authorized a liability or value has otherwise been
agreed upon as to each parcel by
representative of the Company, all records, books, ledgers, checks, the Company and the insured at the time of the issuance of this policy and
correspondence and memoranda, whether bearing a date before or after Date shown by an express statement or by an endorsement
attached to this
of policy, which reasonably pertain to the loss or damage . Further, if policy .
requested by any authorized representative of the Company, the insured 9. Limitation of Liability
claimant shall grant its permission, in writing, for any authorized (a) If the Company establishes the title, or removes
the alleged
representative of the Company to examine, inspect and copy all records, defect, lien or encumbrance, or cures the lack
of a right of access to or
books, ledgers, checks, correspondence and memoranda in the custody or from the land , or cures the claim of unmarketability of
title, all as insured ,
control of a third party, which reasonably pertain to the loss or damage . All in a reasonably diligent manner by any method ,
including litigation and
information designated as confidential by the insured claimant provided to the completion of any appeals therefrom, it shall have
fully performed its
the Company pursuant to this Section shall not be disclosed to others unless, obligations with respect to that matter and shall not
be liable for any loss
in the reasonable judgment of the Company, it is necessary in the or damage caused thereby .
administration of the claim . Failure of the insured claimant to submit for (b) In the event of any litigation, including litigation
by the Company
examination under oath, produce other reasonably requested information or or with the Company' s consent, the Company shall have no
liability for
grant permission to secure reasonably necessary information from third loss or damage until there has been a final
determination by a court of
parties as required in this paragraph shall terminate any liability of the competent jurisdiction , and disposition of
all appeals therefrom , adverse
Company under this policy as to that claim . to the title as insured .
6. Options To Pay or Otherwise Settle Claims ; Termination of (c) The company shall not be liable for loss
or damage to any insured
Liability for liability voluntarily assumed by the insured in settling any claim or
In case of a claim under this policy, the Company shall have the following suit without the prior written consent of the Company .
additional options : 10. Reduction of Insurance ; Reduction or Termination of Liability
(a) To Pay or Tender Payment of the Amount of Insurance. All payments under this policy, except payments made
for costs,
To pay or tender payment of the amount of insurance under this policy attorneys' fees and expenses, shall reduce the amount
of the insurance pro
together with any costs, attorneys' fees and expenses incurred by the insured tanto .
claimant, which were authorized by the Company, up to the time of payment 11 . Liability Noncumulative
or tender of payment and which the Company is obligated to pay . It is expressly understood that the amount of insurance under
this
Upon the exercise by the Company of this option , all liability and policy shall be reduced by any amount
the Company may pay under any
obligations to the insured under this policy, other than to make the payment policy insuring a mortgage to which exception is taken
in Schedule 13 or
required , shall terminate, including any liability or obligation to defend , to which the insured has agreed , assumed ,
or taken subject, or which is
prosecute, or continue any litigation, and the policy shall be surrendered to hereafter executed by an insured and which is
a charge or lien on the
the Company for cancellation . estate or interest described or referred to in Schedule A, and the amount
(b) To Pay or Otherwise Settle With Parties Other than the Insured so paid shall be deemed a payment under this policy to the insured
owner.
or With the Insured Claimant.
12 . Payment of Loss 14 . Arbitration
(a) No payment shall be made without producing this policy for Unless prohibited by applicable law, arbitration
pursuant to the Title
endorsement of the payment unless the policy has been lost or destroyed, in Insurance Arbitration Rules of the American Arbitration
Association
which case proof of loss or destruction shall be furnished to the satisfaction may be demanded if agreed to by both the Company
and the insured
of the Company . Arbitrable matters may include, but are not limited to, any controversy
(b) When liability and the extent of loss or damage has been definitely or claim between the Company and the insured
arising out of or
fixed in accordance with these Conditions and Stipulations, the loss or relating to this policy, and service of the
Company ill connection with
damage shall be payable within 30 days thereafter. its issuance or the breach of a policy provision: or other
obligation.
13 . Subrogation Upon Payment or Settlement Arbitration pursuant to this policy and under the Rules in effect oil the
(a) The Company ' s Right of Subrogation . date the demand for arbitration is made or, at the option of the insured,
Whenever the Company shall have settled and paid a claim under this the Rules in effect at Date of Policy shall
be binding upon the parties.
policy , all right of subrogation shall vest in the Company unaffected by any The award may include attorneys ' fees only if the
laws of the slate in
act of the insured claimant. which the land is located permit a court to award attorneys ' fees to a
The Company shall be subrogated to and be entitled to all rights and prevailing party. Judgment upon the award rendered by
the
remedies which the insured claimant would have had against any person or Arbitrator(s) may be entered in any court having jurisdiction thereof.
property in respect to the claim had this policy not been issued . If requested The law of the situs of the land shall apply
to an arbitration under the
by the Company, the insured claimant shall transfer to the Company all Title insurance Arbitration Rules .
rights and remedies against any person or property necessary in order to A copy of the Rules may be obtained from the
Company upon request.
perfect this right of subrogation . The insured claimant shall permit the 15. Liability Limited to this Policy ; Policy Entire
Contract
Company to sue, compromise or settle in the name of the insured claimant (a) This policy together with all endorsements, if any,
attached hereto
and to use the name of the insured claimant in any transaction or litigation by the Company is the entire policy and contract
between the insured and
involving these rights or remedies. the Company . In interpreting any provision of this policy , this policy shall
If a payment on account of a claim does not fully cover the loss of the be construed as a whole .
insured claimant, the Company shall be subrogated to these rights and ( b ) Any claim of loss
or damage, whether or not based on
remedies in the proportion which the Company' s payment bears to the whole negligence, and which arises out of the status of the title
to the estate or
amount of the loss. interest covered hereby or by any action asserting such claim, shall be
if loss should result from any act of the insured claimant, as stated above, restricted to this policy .
that act shall not void this policy , but the Company, in that event, shall be (c) No amendment of or endorsement
to this policy can be made
required to pay only that part of any losses insured against by this policy except by a writing endorsed hereon or attached
hereto signed by either
which shall exceed the amount, if any, lost to the Company by reason of the the President, a Vice President, or Agent of the Company .
impairment by the insured claimant of the Company' s right of subrogation . 16. Severability
(b) The Company ' s Rights Against Non -insured Obligors . In the event any provision of the policy is held invalid or
unenforceable
The Company 's right of subrogation against non- insured obligors shall exist under applicable law, the policy shall be deemed
not to include that
and shall include, without limitation , the rights of the insured to indemnities, provision and all other provisions shall remain in full
force and effect.
guaranties, other policies of insurance or bonds, notwithstanding any terms 17. Notices , Where Sent
or conditions contained in those instruments which provide for subrogation All notices required to be given the Company
and any statement in
rights by reason of this policy . writing required to be furnished the Company shall include the number of
this policy and shall be addressed to the Company at its principal office at
400 Second Avenue South, Minneopolis, Minnesota 55401 , (612) 371 -
llll .
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