The URL can be used to link to this page

Home My WebLink About2012-111 r, ill� F j1p Al 10 01 N, !_ /'� 0 P �, E. $ . 5 JAI ASSIGNMENT AND ASSUMPTION OF WARRANTY UNDER BILL OF SALE OF UTILITY FACILITIES WHEREAS , on September 22 , 2011 ATLAS FL I SPE , LLC , a North Carolina limited liability company (Assignor) , entered into a Bill of Sale of Utility Facilities , copy attached , in connection with property platted as Quail Creek PD ; and WHEREAS , Quail Creek of Vero Inc . (Assignee) , wishes to assume the obligations of the warranty under the Bill of Sale of Utility Facilities recorded at O . R . Book 2533 , Page 571 (attached ) , said warranty period being from September 30 , 2011 to September 30 , 2012 ; and NOW , THEREFORE , the parties agree to the assignment of the warranty under the Bill of Sale of Utility Facilities provided , however, that a letter of credit acceptable to the County Attorney in the amount of $ 98 , 322 . 76 to secure said warranty remain in place for an additional 90 days beyond the warranty period ( until December 30 , 2012 ) , ASSIGNOR : ASSIGNEE : ATLAS FL I SPE , LLC , a North Carolina limited liability company B � By : v y : Printed name : Printed name : ( CL un un uur Title : °GC Mg ISS/d Title : P .rbs �. � � �.�:� GJ� I` �1 :oma`'.•• . s `'= 1z °�:• ACKNOWLEDGEMENT TO = ASSRGNMENT • .�ops Owe 0 • * VIAN RIVER COUNTY , FLORIDA ti • �y • , 4 °4„RIER CO�N, „ . BCC approved : June 19 , 2012 By : Gary C . heeler , Chairman Attest: Jeffrey K . Barton Clerk of Court APpROVED AS To FORM By : A3 � 5 � IrIC � Deputy Clerk SY WILLWA 9t. DERE DEPUTY COuNTy Al T0AN1Ey W i �il; GbUNr WHEREAS , on September 22 , 2011 ATLAS FL I SPE, LLC, a KqT* frATION ON L ARST PAGEL IK Carolina limited liability company (Assignor) , entered into a Bill of Sale. [�?# i"f �) N , t, l_ f E Utility Facilities , copy attached , In connection with property platted as Quail Creek PD; and WHEREAS , Quail Creek of Vero Inc (Assignee) , wishes to as, , the obligations of the warranty under the Bill of Sale of Utility Facilities recorded at O . R . Book 2533 , Page 571 ( attached ) , said warranty period being from September 30 , 2011 to September 30 , 2012 ; and NOW, THEREFORE, the parties agree to the assignment of the warranty under the Bill of Sale of Utility Facilities provided , however, that a letter of credit acceptable to the County Attorney in the amount of $96 , 322. 76 to secure said warranty remain in placel for an additional 90 days beyond the warranty period (until December 30 , 2012) . ASSIGNOR: ASSIGNEE ATLAS FL i SPE, LLC , a North Carolina limited liabilityompany name . �'r.: .#"% e `Phnted name: Title : V I� kj Title: P s4 � �,A. - �,� `' ' ` vt Eo , -tc,, ACKNOWLEDGEMENT TO ASSIGNMENT INDIAN RIVER COUNTY , FLORIDA BCC approved : By . Gary C . Wheeler, Chairman Attest: Jeffrey K. Barton Clerk of Court A klEfID AS TO FORKBy :ALS {C41 Deputy Clerk 9YwuAM k. oEIRMA DFPUT`f COUNTY ATTORNEY A -r ;luE Cj0PY Quail Creek PD. CERTIFl � FT10CL � N I.. i � S � PAGE, 2172178 JK BARTON , G [. F. K THIS DOCUMENT HAS BEEN RECORDED )N THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2533 PG : 571 , Pagel of 3 11/0212011 at 04 : 09 PM , JEFFREY K BARTON, CLERK OF COURT BILL OF SALE OF UTILITY FACILITIES to INDIAN RIVER COUNTY, FLORIDA (when constructed wvbin costing easement or road rights of°way) KNOW ALL MEN BY THESE PRESENTS, that ATLAS FL i SPE, LL(;, .a North Carolina limited liability �omrpany au"thorized to do' business .4n the State of Florida, the address of Which is c/o Lisa 1 . Moberly, BB&T, 200 tFtlest Second Street, 310 Floor, Legal , Winston-Salem, NC 27101 , hereinafter called GRANTOR, in. consideration of 'value received, the `receipt and sufficiency of which is hereby acknowledged , has and does hereby grant, bargain , sell , transfer, and deliver unto_ INDIAN RIVER COUNTY, a political -Su division -of the State of Florida , whose address is 1541. 27th Street, Vero Beach ; FL 32960, hereinafter called GRANTEE, this 2 2nd day of September. . 2011 , the fbilowing, g.Qods and chattels: EXHIBIT "A "' ATTACHED HERETO AND MADE A PART .HEREOF which utility facilities. are located in existing easements or road- rights of way by virtue of. the plat of Quail Creek PD, recorded in Plat Book 20, Page 13 of the Public Records of Indian River County, Florida. TO HAVE AND 'TO HOLD the same ardo GRANTEE= forever,: and GRANTOR hereby warrants to the GRANTEE that it has free and unencumbered title to the above-described facilities , that all persons or errtites which have supplied labor or materials with respect to these facilities have been paid in full , that none of them has zany claim whatsoever with respect thereto, and that the GRANTOR has full authority to make- this conveyance and will warrant and defend the sale of said chattels and utility facilities hereby made_ unto. GRANTEE against the lawful claims and demands of all, persons whomsoever. GRANTOR hereby further warrants that should the above descilbed :uAffliity facilities fail or otherwise become defedtive .during a period of one year fmm 'the Efate of acceptance of same by GRANTEE (9/3c/2olI to qt30720'12), due to defective ;materials or workmanship, GRANTOR shall upon each occasion be responsible in all: respects, for such failure or defect and shall correct same at GRANTOF;Vs sole cost and without. expense to GRANTEE upon reasonable notice by GRANTEE. GRANTOR shall be. solely ffable and shall save GRANTEE harmless from any direct or consequential damage .attributable to such failure or defect. GRANTOR hereby also assgris 4li its right, title, and interest in and to manufacturer's orsuppliefs warranties with respect to the (described facilities . This document wftS prepared by APPROVED AS TO FORM and should be returned to AND LEGA4 SUFFICI-ENC'Y the County Attorney's Office (page one Of two) ALL 1801 27th Street sY _ wyn w;Lt:wYr. l(o oEBlzrni. vero Beach , Florida 32960 DEP idTS MUNTPATTQRNW 1lifi Y � I � '11to \ , 5 :; 1 1 , 1. I . .: PK IN WITNESS WHEREOF , the GRANTOR has herein set its hand and seal the, clay .and year first above written . Signed, sealed , and delivered ATLAS FL l SPE, LLC, a North Carolina in the presence of: limited liability "company Witness : sign f Y Charlie Gie , ice PrEsiderit printed name: Witness. sign �- Iprinted hme. TRISH KELLEY printed name. STATE OF ems` cL COUNTY OF The .foregoing instrument was acknowledge d before, me this L day of +n . 2011 ; by Charlie Diel , as Vice President of ATI, >S FL I SPE, LLC, a North Carolina limited liability company, on behalf of said entity_ He is personally knovtn" to me or :did produce as identification . 41) 26 SEAL, NotalDPublic prirtt+ld. nattier. " W,y Cammission KRf11LM MAW Commission Eviration: • , E�Np tri it 20" Coffmds w # EE 1714? (page two of two) y TATE OF FLO R 1 COUNTYDIAN RIVER THIS IS TO CERTLFY THAT THIS 19 A TRUE AND CORRECT COPY OF ad THE ORIGINAL ON FILE IN THIS OFFICE J EFFF? EY K . BARTON , CLERK Y , ® PD ' i l ) 1 Wntenancer i l l ) I D . a a . iT i li'rli � r� _ -'.c'Si ��- _ _ � � .'rs - , � �-" C 'may'-`+ �- `�-&c: ( i11 , , • � ;'7s 11 ' 1 MaiEMN ®AL 11 61 Isl. Isl,l IN I �� If If Ill lrl � Ilrl • re1ll J, _ um, l molaY . : r ® It ii I ! 1 II I Kiri-P. . - Y 1 - - dj; I • isi I 1 . I i ' J1Sr N,JIti. e ' � 1 ! 1 1 ! III i . t' i e i e E s c all e � f I a i I � r e add a . . . • a lafta . • a a , �