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Home My WebLink About2010-114 D , 3 . A . � of 2 AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND TOM AND LINDA WINKEL THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 4th day of Ma v , 20101 by and between Indian River County, a political subdivision of the State of Florida ("the County") , and TOM AND LINDA WINKEL (" Seller") , who agree as follows : WHEREAS , Seller owns a 5 t acre parcel of property located at the intersection of 66th Avenue and 45th Street in the unincorporated section of Indian River County , Florida ; and WHEREAS , the County , is scheduled to expand 66th Avenue and 45TH Street in the near future and the road expansion will impact and affect the Seller' s property; and i . WHEREAS , in order for the County to proceed with its road expansion plans , the County needs to purchase property to be used as right-of-way from landowners adjacent to 66th Avenue and 45th Street ; and WHEREAS , the County has contacted Seller and has offered to purchase a 1 . 1 acre parcel of property from Tom and Linda Winkel to be used as right-of-way as depicted on Exhibit "A" (the " Property") ; and WHEREAS , Tom and Linda Winkel are represented by Ralph L . Evans of the law firm of Stewart , Evans , Stewart & Emmons , P .A . , 3355 Ocean Drive , Vero Beach , Florida 32963 ; and WHEREAS , the County is prepared to take the Property by using its power of eminent domain ; and WHEREAS , Seller and the County wish to avoid the risk, time and expense of litigation by entering into this Agreement for sale and purchase of the Property; WHEREAS , Seller is willing to sell to the County the fee simple interest in the 1 . 1 acres , and NOW, THEREFORE , in consideration of the mutual terms , conditions , promises , covenants and premises hereinafter, the County and Seller agree as follows : 1 . Recitals . The above recitals are affirmed as being true and correct and are incorporated herein 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at the intersection of 66th Avenue and 45th Street, Vero Beach , Florida , and more specifically described in the sketch and legal description attached as Exhibit "A" , containing approximately 1 . 1 acres , and all improvements 1 0 3 . A . t3 f Z. Qo / L -- 1141 AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND TOM AND LINDA WINKEL THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 4th day of May , 20101 by and between Indian River County, a political subdivision of the State of Florida ("the County") , and TOM AND LINDA WINKEL (" Seller") , who agree as follows : WHEREAS , Seller owns a 5 t acre parcel of property located at the intersection of 66th Avenue and 45th Street in the unincorporated section of Indian River County , Florida ; and WHEREAS , the County , is scheduled to expand 66th Avenue and 45TH Street in the near future and the road expansion will impact and affect the Seller's property; and WHEREAS , in order for the County to proceed with its road expansion plans , the County needs to purchase property to be used as right-of-way from landowners adjacent to 66th Avenue and 45th Street ; and WHEREAS , the County has contacted Seller and has offered to purchase a 1 . 1 acre parcel of property from Tom and Linda Winkel to be used as right-of-way as depicted on Exhibit "A" (the " Property") ; and WHEREAS , Tom and Linda Winkel are represented by Ralph L . Evans of the law firm of Stewart , Evans , Stewart & Emmons , P .A . , 3355 Ocean Drive , Vero Beach , Florida 32963 ; and WHEREAS , the County is prepared to take the Property by using its power of eminent domain ; and WHEREAS , Seller and the County wish to avoid the risk, time and expense of litigation by entering into this Agreement for sale and purchase of the Property; WHEREAS , Seller is willing to sell to the County the fee simple interest in the 1 . 1 acres , and NOW, THEREFORE , in consideration of the mutual terms , conditions , promises , covenants and premises hereinafter, the County and Seller agree as follows : 1 . Recitals . The above recitals are affirmed as being true and correct and are incorporated herein 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at the intersection of 66th Avenue and 45th Street, Vero Beach , Florida , and more specifically described in the sketch and legal description attached as Exhibit "A" , containing approximately 1 . 1 acres , and all improvements 1 thereon , fencing and irrigation improvements together with all easements , rights and uses now or hereafter belonging thereto (collectively, the " Property") . 3 . Consideration . The consideration for this purchase shall include the purchase price (" Purchase Price") and certain obligations that the County agrees to undertake (" County Obligations") to survive the Closing and the passing of title from the Seller to the County as follows : 3 . 1 Purchase Price . The Purchase Price for the Property shall be Three Hundred Thousand Dollars and no cents ($ 300 , 000 . 00) . The Purchase Price was established by mutual agreement between the parties . The County shall pay and Tom and Linda Winkel shall accept , $300 , 000 . 00 as the Purchase Price of the Property . The Purchase Price shall be paid on the Closing Date , 3 . 2 County Obligations . Prior to , during , and within a reasonable time after the construction and completion of the improvements to be made by the County on the Property, the County agrees , which agreement shall survive the closing herein , at its sole cost and expense , to make the following improvements not only on the Property , but within the boundary of the Seller' s remaining Property, to wit : 3 . 2 . 1 reconstruction of the residence 's driveway off 45th street to be 20 ft wide , with a 25 foot turning radius , a grade of 12 : 1 , constructed of 6 inch concrete for a distance sufficient to blend the newly constructed driveway into the old , as depicted and specified on the Knight , McGuire & Associates , Inc. drawing , dated February 8 , 2010 , Exhibit " B " hereto ; 3 . 2 . 2 reconstruction and paving of the 67th Avenue /45th Street intersection , to be 20 ft wide with a 25 foot turning radius , 12 : 1 grade , 2 inch asphalt as depicted and specified on the Knight , McGuire & Associates , Inc . drawing , dated February 8 , 2010 , Exhibit " B " attached hereto ; 3 . 2 . 3 the planting of a type " B" buffer or its equivalent, as described in the Indian River County Code , ( including the relocation of trees , etc) along the Seller's east property line , the new west right of way line of 66th Avenue within the grade between the right-of-way line and the west edge of sidewalk as depicted and specified on Knight , McGuire & Associates , Inc . drawings ( Figures A and B ) , dated February 8 , 2010 , of Exhibit " B " attached hereto ; 3 . 2 . 4 the planting of a type " B " buffer or its equivalent, as described in the Indian River County Code , ( including the relocation of trees etc) along the owner' s south property line , the new north right of way line of 45th Street , on the Seller' s property, as depicted and specified on the Knight, McGuire & Associates , Inc. drawings ( Figures A and B) dated February 8 , 2010 , Exhibit " B " hereto . 2 thereon , fencing and irrigation improvements together with all easements , rights and uses now or hereafter belonging thereto (collectively, the " Property") . 3 . Consideration . The consideration for this purchase shall include the purchase price (" Purchase Price") and certain obligations that the County agrees to undertake (" County Obligations") to survive the Closing and the passing of title from the Seller to the County as follows : 3 . 1 Purchase Price . The Purchase Price for the Property shall be Three Hundred Thousand Dollars and no cents ($ 300 , 000 . 00) . The Purchase Price was established by mutual agreement between the parties . The County shall pay and Tom and Linda Winkel shall accept , $300 , 000 . 00 as the Purchase Price of the Property . The Purchase Price shall be paid on the Closing Date , 3 . 2 County Obligations . Prior to , during , and within a reasonable time after the construction and completion of the improvements to be made by the County on the Property, the County agrees , which agreement shall survive the closing herein , at its sole cost and expense , to make the following improvements not only on the Property , but within the boundary of the Seller' s remaining Property, to wit : 3 . 2 . 1 reconstruction of the residence 's driveway off 45th street to be 20 ft wide , with a 25 foot turning radius , a grade of 12 : 1 , constructed of 6 inch concrete for a distance sufficient to blend the newly constructed driveway into the old , as depicted and specified on the Knight , McGuire & Associates , Inc. drawing , dated February 8 , 2010 , Exhibit " B " hereto ; 3 . 2 . 2 reconstruction and paving of the 67th Avenue /45th Street intersection , to be 20 ft wide with a 25 foot turning radius , 12 : 1 grade , 2 inch asphalt as depicted and specified on the Knight , McGuire & Associates , Inc . drawing , dated February 8 , 2010 , Exhibit " B " attached hereto ; 3 . 2 . 3 the planting of a type " B" buffer or its equivalent, as described in the Indian River County Code , ( including the relocation of trees , etc) along the Seller's east property line , the new west right of way line of 66th Avenue within the grade between the right-of-way line and the west edge of sidewalk as depicted and specified on Knight , McGuire & Associates , Inc . drawings ( Figures A and B ) , dated February 8 , 2010 , of Exhibit " B " attached hereto ; 3 . 2 . 4 the planting of a type " B " buffer or its equivalent, as described in the Indian River County Code , ( including the relocation of trees etc) along the owner' s south property line , the new north right of way line of 45th Street , on the Seller' s property, as depicted and specified on the Knight, McGuire & Associates , Inc. drawings ( Figures A and B) dated February 8 , 2010 , Exhibit " B " hereto . 2 4 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims , liens , easements and encumbrances of record or known to Seller except as noted in Exhibit " C " ; but subject to property taxes for the year of Closing and covenants , restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing ; and (b) none of the foregoing prevents County's intended use and development of the Property (" Permitted Exceptions") . 4 . 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen ( 15 ) days following the Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if (a ) County fails to deliver notice of defects within the time specified , or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects (" Curative Period ") . Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period , County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to : (i) terminate this Agreement, whereupon it shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept title subject to existing defects and proceed to closing . 5 . Effective Date . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority . 6 . Representations of the Seller. 6A Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the sole owner of and has good right , title , and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances . 6 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which would impair or otherwise affect title to any portion of the Property , and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County . 6 . 3 There are no existing or pending special assessments affecting the Property , which are or may be assessed by any governmental authority, water or sewer authority , school district , drainage district or any other special taxing district . 7 . Default , 7 . 1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall , at its sole option , be entitled to : ( i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person 3 i 4 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims , liens , easements and encumbrances of record or known to Seller except as noted in Exhibit " C " ; but subject to property taxes for the year of Closing and covenants , restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing ; and (b) none of the foregoing prevents County's intended use and development of the Property (" Permitted Exceptions") . 4 . 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen ( 15 ) days following the Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if (a ) County fails to deliver notice of defects within the time specified , or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects (" Curative Period ") . Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period , County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to : (i) terminate this Agreement, whereupon it shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept title subject to existing defects and proceed to closing . 5 . Effective Date . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority . 6 . Representations of the Seller. 6A Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the sole owner of and has good right , title , and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances . 6 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which would impair or otherwise affect title to any portion of the Property , and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County . 6 . 3 There are no existing or pending special assessments affecting the Property , which are or may be assessed by any governmental authority, water or sewer authority , school district , drainage district or any other special taxing district . 7 . Default , 7 . 1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall , at its sole option , be entitled to : ( i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person 3 i or party shall have any claim for specific performance , damages , or otherwise against the County ; or ( ii ) waive the County's default and proceed to Closing . 7 . 2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall , at its sole option , be entitled to : (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance , damages or otherwise against the Seller; or ( ii ) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing : 8 . Closina . 8 . 1 The closing of the transaction contemplated herein (" Closing " and " Closing Date") shall take place within 30 days of the approval of this Agreement by the Indian River County Board of County Commissioners . The parties agree that the Closing shall be as follows : (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 4 . ( b ) The Seller shall have removed all of its personal property and equipment from the Property , and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances . (d) If the Seller is a non - resident alien or foreign entity , Seller shall deliver to the County an affidavit , in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction . 9 . Taxes . All taxes and special assessments which are a lien upon the Property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 10 , Closing Costs ; Expenses . County shall be responsible for preparation of all Closing documents . 10 . 1 County shall pay the following expenses at Closing : 10 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 4 or party shall have any claim for specific performance , damages , or otherwise against the County ; or ( ii ) waive the County's default and proceed to Closing . 7 . 2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall , at its sole option , be entitled to : (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance , damages or otherwise against the Seller; or ( ii ) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing : 8 . Closina . 8 . 1 The closing of the transaction contemplated herein (" Closing " and " Closing Date") shall take place within 30 days of the approval of this Agreement by the Indian River County Board of County Commissioners . The parties agree that the Closing shall be as follows : (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 4 . ( b ) The Seller shall have removed all of its personal property and equipment from the Property , and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances . (d) If the Seller is a non - resident alien or foreign entity , Seller shall deliver to the County an affidavit , in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction . 9 . Taxes . All taxes and special assessments which are a lien upon the Property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 10 , Closing Costs ; Expenses . County shall be responsible for preparation of all Closing documents . 10 . 1 County shall pay the following expenses at Closing : 10 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 4 10 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed . 10 . 1 . 3 All costs and premiums for the owner's marketability title insurance commitment and policy , if any. 10 . 1 . 4 Engineering costs incurred by Seller of $ 3 , 806 . 40 . The costs shall be paid directly to the engineering firm . 10 . 1 . 5 Attorney' s fees of $ 37 , 500 . 00 to Stewart, Evans , Stewart & Emmons , P .A . . 10 . 1 . 6 Appraisal costs incurred by Seller of $750 . 00 . The costs shall be paid directly to the appraisal firm . 10 . 2 Seller shall pay the following expenses at or prior to Closing : 10 . 2 . 1 All costs necessary to cure title defect(s) or encumbrances , other than the Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or encumbrances upon the Property. 11 , Miscellaneous , 11 . 1 Control ling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida . Venue shall be in Indian River County for all state court matters , and in the Southern District of Florida for all federal court matters . 11 . 2 Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements , written or oral , between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . 11 . 3 Assignment and Binding Effect Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party . The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns . 11 . 4 Notices . Any notice shall be deemed duly served if personally served or if mailed by certified mail , return receipt requested , or if sent via "overnight" courier service or facsimile transmission , as follows : If to Seller: Tom and Linda Winkel 665045 th Street Vero Beach , FL 32967 . 5 10 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed . 10 . 1 . 3 All costs and premiums for the owner's marketability title insurance commitment and policy , if any. 10 . 1 . 4 Engineering costs incurred by Seller of $ 3 , 806 . 40 . The costs shall be paid directly to the engineering firm . 10 . 1 . 5 Attorney' s fees of $ 37 , 500 . 00 to Stewart, Evans , Stewart & Emmons , P .A . . 10 . 1 . 6 Appraisal costs incurred by Seller of $750 . 00 . The costs shall be paid directly to the appraisal firm . 10 . 2 Seller shall pay the following expenses at or prior to Closing : 10 . 2 . 1 All costs necessary to cure title defect(s) or encumbrances , other than the Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or encumbrances upon the Property. 11 , Miscellaneous , 11 . 1 Control ling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida . Venue shall be in Indian River County for all state court matters , and in the Southern District of Florida for all federal court matters . 11 . 2 Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements , written or oral , between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . 11 . 3 Assignment and Binding Effect Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party . The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns . 11 . 4 Notices . Any notice shall be deemed duly served if personally served or if mailed by certified mail , return receipt requested , or if sent via "overnight" courier service or facsimile transmission , as follows : If to Seller: Tom and Linda Winkel 665045 th Street Vero Beach , FL 32967 . 5 If to Seller's Attorney : Ralph L . Evans , Esquire Stewart , Evans , Stewart & Emmons 3355 Ocean Drive Vero Beach , FL 32963 If to County: Indian River County 180127 1h Street Vero Beach , FL . 32960 Attn : Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph . 11 . 5 Survival and Benefit. Except as otherwise expressly provided herein , each agreement , representation or warranty made in this Agreement by or on behalf of either party , or in any instruments delivered pursuant hereto or in connection herewith , shall survive the Closing Date and the consummation of the transaction provided for herein . The covenants , agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto , its successors and assigns , and are not made for the benefit of, nor may they be relied upon , by any other person whatsoever. 11 . 6 Attorney' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney' s fees , costs , and expenses . 11 . 7 Counterparts . This Agreement maybe executed in two or more counterparts , each one of which shall constitute an original . 11 . 8 County Approval Required : This Agreement is subject to approval by the Indian River � . County Board of County Commissioners as set forth in paragraph 3 . 11 . 9 Beneficial Interest Disclosure : In the event Seller is a partnership , limited partnership , corporation , trust , or any form of representative capacity whatsoever for others , Seller shall provide a fully completed , executed , and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this Agreement by the County . However, pursuant to Florida Statutes Section 286 . 23 (3) (a) , the beneficial interest in any entity registered with the Federal Securities and Exchange Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for sale to the general public , is exempt from disclosure ; and where the Seller is a non -public entity , that Seller is not required to disclose persons or entities holding less than five ( 5 %) percent of the beneficial interest in Seller. 6 If to Seller's Attorney : Ralph L . Evans , Esquire Stewart , Evans , Stewart & Emmons 3355 Ocean Drive Vero Beach , FL 32963 If to County: Indian River County 180127 1h Street Vero Beach , FL . 32960 Attn : Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph . 11 . 5 Survival and Benefit. Except as otherwise expressly provided herein , each agreement , representation or warranty made in this Agreement by or on behalf of either party , or in any instruments delivered pursuant hereto or in connection herewith , shall survive the Closing Date and the consummation of the transaction provided for herein . The covenants , agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto , its successors and assigns , and are not made for the benefit of, nor may they be relied upon , by any other person whatsoever. 11 . 6 Attorney' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney' s fees , costs , and expenses . 11 . 7 Counterparts . This Agreement maybe executed in two or more counterparts , each one of which shall constitute an original . 11 . 8 County Approval Required : This Agreement is subject to approval by the Indian River � . County Board of County Commissioners as set forth in paragraph 3 . 11 . 9 Beneficial Interest Disclosure : In the event Seller is a partnership , limited partnership , corporation , trust , or any form of representative capacity whatsoever for others , Seller shall provide a fully completed , executed , and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this Agreement by the County . However, pursuant to Florida Statutes Section 286 . 23 (3) (a) , the beneficial interest in any entity registered with the Federal Securities and Exchange Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for sale to the general public , is exempt from disclosure ; and where the Seller is a non -public entity , that Seller is not required to disclose persons or entities holding less than five ( 5 %) percent of the beneficial interest in Seller. 6 12 . Temporary Construction Easement : Temporary Construction Easements . At or during the time of the construction of improvements , the Owner shall grant the County a 15 ft temporary construction easement along the south boundary of the Property ; a 10 ft temporary construction easement along the east boundary of the Property , and a temporary construction easement of a length and width as necessary to complete the turnout at 67th Avenue , as well as for the reconstruction of the residential driveway as depicted and specified on Knight , McGuire & Associates , Inc . drawings( Figures A and B ) , dated February 8 , 2010 , of Exhibit " B " attached hereto ; 13 . Joinderof Mortgagee : The undersigned , JACQUELINE J . THOMAS , is the owner and holder of that certain mortgage , which encumbers the Property and is recorded in O . R . Book 1881 , Page 1151 , in the office of the Clerk of the Circuit Court of Indian River County , Florida , and by execution hereof hereby agrees that she will release her lien of the mortgage on the property without consideration , but for the consideration agreed to be paid to the Seller as set forth in this Agreement . 14 . Lease - back : The County shall execute and deliver to Seller a lease of the Property at the Closing . The term of the lease shall begin the day of the Closing and end eighteen months later. The lease shall be for no additional consideration . Seller may seek to extend the lease past the termination date by making written request to the Board of County Commissioners prior to the expiration of the lease . Sellers shall retain liability insurance over the leased premises throughout the duration of the lease . ****** *****THE BALANCE OF THIS PAGE LEFT BLANK INTENTIONALLY** ** ** ** *** ****** ** ** 7 12 . Temporary Construction Easement : Temporary Construction Easements . At or during the time of the construction of improvements , the Owner shall grant the County a 15 ft temporary construction easement along the south boundary of the Property ; a 10 ft temporary construction easement along the east boundary of the Property , and a temporary construction easement of a length and width as necessary to complete the turnout at 67th Avenue , as well as for the reconstruction of the residential driveway as depicted and specified on Knight , McGuire & Associates , Inc . drawings( Figures A and B ) , dated February 8 , 2010 , of Exhibit " B " attached hereto ; 13 . Joinderof Mortgagee : The undersigned , JACQUELINE J . THOMAS , is the owner and holder of that certain mortgage , which encumbers the Property and is recorded in O . R . Book 1881 , Page 1151 , in the office of the Clerk of the Circuit Court of Indian River County , Florida , and by execution hereof hereby agrees that she will release her lien of the mortgage on the property without consideration , but for the consideration agreed to be paid to the Seller as set forth in this Agreement . 14 . Lease - back : The County shall execute and deliver to Seller a lease of the Property at the Closing . The term of the lease shall begin the day of the Closing and end eighteen months later. The lease shall be for no additional consideration . Seller may seek to extend the lease past the termination date by making written request to the Board of County Commissioners prior to the expiration of the lease . Sellers shall retain liability insurance over the leased premises throughout the duration of the lease . ****** *****THE BALANCE OF THIS PAGE LEFT BLANK INTENTIONALLY** ** ** ** *** ****** ** ** 7 IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . SELLER : INDIAN RIVER COUNTY, FLORIDA BO OF COUNTY COYMISSIONERS of • ObOeY YYNYYe . 000 • ° �• 0 . • Y . • • r Tom WW el , D . O ' Bryan , Chairm n . . e i • • i B ' • ° a o Linda Winkel Q • : ° so °o 00 00 • • • • •e 000 Date Signed : i ned : May 4 , 2010 Joinder of Mortgagee : cque e J . Thom 10 Date Signed :�2� - �..0 ! Approved as to form and legal sufficiency: Attest: J . K . Barton , Clerk A"/ By �� > William K . a a`al Depu y Clerk Deputy County Attorney Date Signed : 5�f � o 1 0 8 IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . SELLER : INDIAN RIVER COUNTY, FLORIDA BO OF COUNTY COYMISSIONERS of • ObOeY YYNYYe . 000 • ° �• 0 . • Y . • • r Tom WW el , D . O ' Bryan , Chairm n . . e i • • i B ' • ° a o Linda Winkel Q • : ° so °o 00 00 • • • • •e 000 Date Signed : i ned : May 4 , 2010 Joinder of Mortgagee : cque e J . Thom 10 Date Signed :�2� - �..0 ! Approved as to form and legal sufficiency: Attest: J . K . Barton , Clerk A"/ By �� > William K . a a`al Depu y Clerk Deputy County Attorney Date Signed : 5�f � o 1 0 8 i f SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE Pft -- - ; 13 C ; 57th ISt17 18 `-\ 14 619 I � - -- -- > _ 78 ere Cana 15 % P JI f 53rd , St. - - - _ .F - - -- m - - --� -- - -- -- �A� - 49th m 23 0 , , t. 20 21 221%9%4-0 MaPtirl, L Kingvm -mwo•:: C 145tH 41 th 'Q S.Gtffor DELIMITED ARE 26 aI ( 25 IIa = Rd . P:Z0� 27 - - -- ris 28 BarberA , co LEGAL DESCRIPTION: PARCEL 117 BEING A PORTION OF LOT 4, LATERAL 'A' SUBDIVSION, P.D., ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGES 1 AND 1A, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH 89'50'20" WEST, ALONG THE SOUTH LINE OF SAID LOT 4, A DISTANCE OF 657.44 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4; THENCE NORTH 00'08' 10" EAST, ALONG SAID WEST LINE, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89°50'20" EAST, ALONG A LINE 20. 00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID SOUTH LINE OF LOT 41 A DISTANCE OF 493.22 FEET, THENCE NORTH 45047'06" EAST, A DISTANCE OF 57. 18 FEET; THENCE NORTH 01 °24'33" EAST, A DISTANCE OF 271 . 22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT, 4; THENCE SOUTH 89°51 '47" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 107.31 FEET; THENCE SOUTH 00'08' 10" WEST, A DISTANCE OF 311 .20 FEET; THENCE SOUTH 89'50'20" EAST, A DISTANCE OF 10.00 FEET TO A POINT OF THE EAST UNE OF SAID LOT 4; THENCE SOUTH 00'08110" WEST, ALONG SAID EAST LINE, A DISTANCE OF 20.00 . FEET TO THE POINT OF BEGINNING. CONTAINING 1 . 11 ACRES. MORE OR LESS, ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00°08110" EAST. CERTIFICATION : I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA' STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, - THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON, THERE HAS BEEN NO FIELD WORK, VIEWING OF THE PERRY C. WHITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROFESSIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE NO, 4213, STATE OF FLORIDA HEREON. NOTE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS—OF—WAY AND DATE 12/6/06 EASEMENTS OF RECORD. : REV 7/22/08P cr MAM 1 LV F`cw � �. By Kv SHEEr 1mE ME, dos m sr ARCADOS GWAq ONCe m ADDITIONAL R/W Pr Ecr N'UMEIER auwwc NuueErt 2081VhtmP&WW TOL (561)697-70M F=(SM) 697n51 WP001053 1053SWIT p westftnBeach, FWAa3i411 OF. 3 i f SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE Pft -- - ; 13 C ; 57th ISt17 18 `-\ 14 619 I � - -- -- > _ 78 ere Cana 15 % P JI f 53rd , St. - - - _ .F - - -- m - - --� -- - -- -- �A� - 49th m 23 0 , , t. 20 21 221%9%4-0 MaPtirl, L Kingvm -mwo•:: C 145tH 41 th 'Q S.Gtffor DELIMITED ARE 26 aI ( 25 IIa = Rd . P:Z0� 27 - - -- ris 28 BarberA , co LEGAL DESCRIPTION: PARCEL 117 BEING A PORTION OF LOT 4, LATERAL 'A' SUBDIVSION, P.D., ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGES 1 AND 1A, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH 89'50'20" WEST, ALONG THE SOUTH LINE OF SAID LOT 4, A DISTANCE OF 657.44 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4; THENCE NORTH 00'08' 10" EAST, ALONG SAID WEST LINE, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89°50'20" EAST, ALONG A LINE 20. 00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID SOUTH LINE OF LOT 41 A DISTANCE OF 493.22 FEET, THENCE NORTH 45047'06" EAST, A DISTANCE OF 57. 18 FEET; THENCE NORTH 01 °24'33" EAST, A DISTANCE OF 271 . 22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT, 4; THENCE SOUTH 89°51 '47" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 107.31 FEET; THENCE SOUTH 00'08' 10" WEST, A DISTANCE OF 311 .20 FEET; THENCE SOUTH 89'50'20" EAST, A DISTANCE OF 10.00 FEET TO A POINT OF THE EAST UNE OF SAID LOT 4; THENCE SOUTH 00'08110" WEST, ALONG SAID EAST LINE, A DISTANCE OF 20.00 . FEET TO THE POINT OF BEGINNING. CONTAINING 1 . 11 ACRES. MORE OR LESS, ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00°08110" EAST. CERTIFICATION : I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA' STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, - THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON, THERE HAS BEEN NO FIELD WORK, VIEWING OF THE PERRY C. WHITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROFESSIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE NO, 4213, STATE OF FLORIDA HEREON. NOTE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS—OF—WAY AND DATE 12/6/06 EASEMENTS OF RECORD. : REV 7/22/08P cr MAM 1 LV F`cw � �. By Kv SHEEr 1mE ME, dos m sr ARCADOS GWAq ONCe m ADDITIONAL R/W Pr Ecr N'UMEIER auwwc NuueErt 2081VhtmP&WW TOL (561)697-70M F=(SM) 697n51 WP001053 1053SWIT p westftnBeach, FWAa3i411 OF. 3 I . r I 1 II 1 1 rl IZ' NJ Iran zo G a r 111 EXI 15 -ux 4. a• ONES �OAOS URN j� i . ••iii•F•• •e rc < o-varp,wi<•<i ii <<t 1�L) •i�<�•<� P4 9�\t•4•i•0f<�ei� a••I ri��O•i C — ' � %// . -• .Ori-Y4�`a'e!•Yi� 'i•< .�•a�!••i•••i a�`4` � a ! - 1 u 1 0 1•i. CL•a •e •�•<•••••�a4• .�•< i;'ga44 . I'•. >•` j��. ♦ a ♦ ef ♦ r >I �j' / • to x 1 1 rMIT Iu „ i 'a 1 • r ff.IVN1KlWm.11 22:1. amp 2111111 ERROR IT %:as � .>'�•:�5� =\Vis\ � E�¢''�[� r� tC�3 .�<n !►4F�' c � ��' r—•�lll��.l � 17�fi w +r �.u�� U 1 m . r I • ] -.a • 1 rl 1.1 • nl � YiI � 11�•. I1. 1 1 • n iiiii1s". • • r •• II111 I . r I 1 II 1 1 rl IZ' NJ Iran zo G a r 111 EXI 15 -ux 4. a• ONES �OAOS URN j� i . ••iii•F•• •e rc < o-varp,wi<•<i ii <<t 1�L) •i�<�•<� P4 9�\t•4•i•0f<�ei� a••I ri��O•i C — ' � %// . -• .Ori-Y4�`a'e!•Yi� 'i•< .�•a�!••i•••i a�`4` � a ! - 1 u 1 0 1•i. CL•a •e •�•<•••••�a4• .�•< i;'ga44 . I'•. >•` j��. ♦ a ♦ ef ♦ r >I �j' / • to x 1 1 rMIT Iu „ i 'a 1 • r ff.IVN1KlWm.11 22:1. amp 2111111 ERROR IT %:as � .>'�•:�5� =\Vis\ � E�¢''�[� r� tC�3 .�<n !►4F�' c � ��' r—•�lll��.l � 17�fi w +r �.u�� U 1 m . r I • ] -.a • 1 rl 1.1 • nl � YiI � 11�•. I1. 1 1 • n iiiii1s". • • r •• II111 WINKEL PROPERTY ±110 ' ( VARIES ) 66TH AVE RW ACQUISITION NEW EAST EXIST CAST PL & RWAVG 30' DIST PL `<. RW ADJ TO POND Z SI ' 8 , 15' LANDSCAPE SOUTH SOUTH BOUND LANES CENTER BUFFER T, CURB 6 � / DIVIDER R' SIDEWALK .0' 8.0' 3.3 SOD ADDITIONAL FILL NEEDED 24. 5 9.90 a1 . . . . . _ .. . . . . .. . . . . . 92.5' . . . . . . . -_ . _. . . _ _ _� 3 EXISTII:G GRVIE: . � 17 _ 5' �— --- -- — - P ❑ND COUNTY ROAD PLANS SHOW A rI GRADE L D7, POND��LL AREv. DOWN T03EXIS IMG Ci' l �� C" GROUND BEFORE CROSSING THE � j'/ / / j c�~e\ / PROPERTY LINE SECTION A - A CROSS SECTION OF POND N .T . S , EXISTINS SOUTH PL NEW SOUTH PL 8 RW WINKEL PROPERTY 20 ' 45TH ST RW 45TH STREET ACQUISITION 15' LANDSCAPE 150 _6 22• 2' 1Z, BUFFER WEST BOUND LA ES 1 RDAs PLANS AD➢ITIOA 11 SUN SNAL q LOSHOWN DO PE TO GET W 6' SIDEVALK FILL NEEDED q, 2% TO EXISTING GRADE 23.61 STARTING AT THE PROPERTY LINE. WE PROPOSE TTI13 CHANGE THIS SLOPE TO ey 'F' CURB 6 I FOR RESIDENT'S GUTTER �MAINTENANCE AND SAFETY. 1 e EXISTI.lGGF. , _A_D= . ... (AVO. i9.9) —\ 19.07 Fav/ �j4 i POND POND �FIL AREA 6 SECTION B - B CROSS SECTION OF POND N . T. S. DRAINNG NAME COST LTT 9fEifHe,ynT TTI n D THE DRAWINGS ARE THE PROPER OF THE DESICN/ORAWN Acs lJlJ1�.G D ENGINEER WHETHER THE PROJECT FOR WHICH KNIGHT MCGUIRE & ASSOCIATES ,Q� R W TOM WINKEL PROPERTY THEY ARE WIDE IS EXECUTED OR NOT. COPY OR , INC. SCALE AS NOTED POND "^' �`/ ' • USE FOR OTHER PROJECTS IS PERMITTED ONLY CONSULTING ENGINEERS AND PLANNERS INDIAN RIVER COUNTY, FLORIDAUNAUUYMO EDDUSE WILL E PROSECUTED . 80 ROYAL PHONE: 772) 569•SS 5 FAIL• (772)5699--14SS E-MAUL VEROCIIvvB@Kni y�Dui DATE I /6�2009 CROSS-SECTIONS PURSUANT TO THE COPYRIGHT LAWS. CERTIFICATE OF AUTHORIZATION NUIIIDER • Daao61T.5 WINKEL PROPERTY ±110 ' ( VARIES ) 66TH AVE RW ACQUISITION NEW EAST EXIST CAST PL & RWAVG 30' DIST PL `<. RW ADJ TO POND Z SI ' 8 , 15' LANDSCAPE SOUTH SOUTH BOUND LANES CENTER BUFFER T, CURB 6 � / DIVIDER R' SIDEWALK .0' 8.0' 3.3 SOD ADDITIONAL FILL NEEDED 24. 5 9.90 a1 . . . . . _ .. . . . . .. . . . . . 92.5' . . . . . . . -_ . _. . . _ _ _� 3 EXISTII:G GRVIE: . � 17 _ 5' �— --- -- — - P ❑ND COUNTY ROAD PLANS SHOW A rI GRADE L D7, POND��LL AREv. DOWN T03EXIS IMG Ci' l �� C" GROUND BEFORE CROSSING THE � j'/ / / j c�~e\ / PROPERTY LINE SECTION A - A CROSS SECTION OF POND N .T . S , EXISTINS SOUTH PL NEW SOUTH PL 8 RW WINKEL PROPERTY 20 ' 45TH ST RW 45TH STREET ACQUISITION 15' LANDSCAPE 150 _6 22• 2' 1Z, BUFFER WEST BOUND LA ES 1 RDAs PLANS AD➢ITIOA 11 SUN SNAL q LOSHOWN DO PE TO GET W 6' SIDEVALK FILL NEEDED q, 2% TO EXISTING GRADE 23.61 STARTING AT THE PROPERTY LINE. WE PROPOSE TTI13 CHANGE THIS SLOPE TO ey 'F' CURB 6 I FOR RESIDENT'S GUTTER �MAINTENANCE AND SAFETY. 1 e EXISTI.lGGF. , _A_D= . ... (AVO. i9.9) —\ 19.07 Fav/ �j4 i POND POND �FIL AREA 6 SECTION B - B CROSS SECTION OF POND N . T. S. DRAINNG NAME COST LTT 9fEifHe,ynT TTI n D THE DRAWINGS ARE THE PROPER OF THE DESICN/ORAWN Acs lJlJ1�.G D ENGINEER WHETHER THE PROJECT FOR WHICH KNIGHT MCGUIRE & ASSOCIATES ,Q� R W TOM WINKEL PROPERTY THEY ARE WIDE IS EXECUTED OR NOT. COPY OR , INC. SCALE AS NOTED POND "^' �`/ ' • USE FOR OTHER PROJECTS IS PERMITTED ONLY CONSULTING ENGINEERS AND PLANNERS INDIAN RIVER COUNTY, FLORIDAUNAUUYMO EDDUSE WILL E PROSECUTED . 80 ROYAL PHONE: 772) 569•SS 5 FAIL• (772)5699--14SS E-MAUL VEROCIIvvB@Kni y�Dui DATE I /6�2009 CROSS-SECTIONS PURSUANT TO THE COPYRIGHT LAWS. CERTIFICATE OF AUTHORIZATION NUIIIDER • Daao61T.5 I3 . A . 2, v �. LEASE AGREEMENT This lease entered into on this I �) day of tnati , 2010 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA , a political subdivision of the State of Florida , hereinafter called the " Landlord " , and Tom and Linda Winkel , 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 and facilities situated thereon , located at 6650 45th Street , Vero Beach in the County of Indian River , Florida , more particularly described as follows : See Exhibit " 1 " attached hereto . for a term of eighteen months commencing May 2010 and terminating on November I �) , 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 . 1 I3 . A . 2, v �. LEASE AGREEMENT This lease entered into on this I �) day of tnati , 2010 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA , a political subdivision of the State of Florida , hereinafter called the " Landlord " , and Tom and Linda Winkel , 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 and facilities situated thereon , located at 6650 45th Street , Vero Beach in the County of Indian River , Florida , more particularly described as follows : See Exhibit " 1 " attached hereto . for a term of eighteen months commencing May 2010 and terminating on November I �) , 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 . 1 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 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 . INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES . Tenant shall have the right to install on the premises such equipment , fixtures and other items necessary or convenient for its use of the premises . All equipment and property purchased by the Tenant and placed in , on , or about the leased premises , including equipment not affixed to the realty , shall remain the property of the Tenant . Tenant may remove same on or before the termination of the Lease , provided that if removal results in damage to any part of the leased premises , the Tenant shall return the leased property to a condition suitable for the original intended use of that part of the leased property . In addition , any and all personal property not attached or installed in any building or structure shall remain Tenant ' s property and may be removed on or prior to termination of this Lease . 7 . PUBLIC UTILITIES . The Tenant will pay within time allowed for payment without penalties , all charges for water and electricity and all other public utilities which may arise from the Tenant' s use of the leased property . The Tenant agrees to hold the LANDLORD harmless from any interruption in the use and services of such commodities . 8 . 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 . 9 . INSURANCE . The Tenant shall carry the following insurance coverage and shall furnish the Landlord a certificate of said coverage . 9 . 1 Renters Insurance . Tenant agrees to keep and maintain at all time during the lease term , at Tenant' s expense , a renter' s insurance policy protecting Landlord against any damage to the property , 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 for individual injuries and $ 200 , 000 per occurrence . The policy shall be written by a carrier licensed to do business in Florida 9 . 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 : 2 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 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 . INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES . Tenant shall have the right to install on the premises such equipment , fixtures and other items necessary or convenient for its use of the premises . All equipment and property purchased by the Tenant and placed in , on , or about the leased premises , including equipment not affixed to the realty , shall remain the property of the Tenant . Tenant may remove same on or before the termination of the Lease , provided that if removal results in damage to any part of the leased premises , the Tenant shall return the leased property to a condition suitable for the original intended use of that part of the leased property . In addition , any and all personal property not attached or installed in any building or structure shall remain Tenant ' s property and may be removed on or prior to termination of this Lease . 7 . PUBLIC UTILITIES . The Tenant will pay within time allowed for payment without penalties , all charges for water and electricity and all other public utilities which may arise from the Tenant' s use of the leased property . The Tenant agrees to hold the LANDLORD harmless from any interruption in the use and services of such commodities . 8 . 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 . 9 . INSURANCE . The Tenant shall carry the following insurance coverage and shall furnish the Landlord a certificate of said coverage . 9 . 1 Renters Insurance . Tenant agrees to keep and maintain at all time during the lease term , at Tenant' s expense , a renter' s insurance policy protecting Landlord against any damage to the property , 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 for individual injuries and $ 200 , 000 per occurrence . The policy shall be written by a carrier licensed to do business in Florida 9 . 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 : 2 A . Indian River County shall be named as an "Additional Insured " on the general liability policy . B . 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 . 9 . 3 Lapse in Coverage . If the tenant allows insurance coverage required under this lease to lapse , expire or be canceled it shall be an immediate breach of the lease and grounds for eviction . 9 . 4 Damage by Fire or Other Causes . That in the event the premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use , then this Lease shall thereby be determined ended . Landlord shall not be liable to rebuild , replace or repair said premises . 10 . MAINTENANCE OF EXTERIOR . Tenant agrees to mow grass and maintain the landscaping and shrubbery . Tenant agrees to maintain the automobile parking areas , driveways and the fencing . 11 . RIGHT TO INSPECT . The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition . 12 . ASSIGNMENT OR SUBLEASE . Tenant shall not assign , sublease or transfer any part of this Lease without prior written consent of the Landlord which may be withheld for any reason . Tenant shall not mortgage the leased premises . 13 . 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 . 14 . 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 : Tom and Linda Winkel 665045 th Street , 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 3 A . Indian River County shall be named as an "Additional Insured " on the general liability policy . B . 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 . 9 . 3 Lapse in Coverage . If the tenant allows insurance coverage required under this lease to lapse , expire or be canceled it shall be an immediate breach of the lease and grounds for eviction . 9 . 4 Damage by Fire or Other Causes . That in the event the premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use , then this Lease shall thereby be determined ended . Landlord shall not be liable to rebuild , replace or repair said premises . 10 . MAINTENANCE OF EXTERIOR . Tenant agrees to mow grass and maintain the landscaping and shrubbery . Tenant agrees to maintain the automobile parking areas , driveways and the fencing . 11 . RIGHT TO INSPECT . The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition . 12 . ASSIGNMENT OR SUBLEASE . Tenant shall not assign , sublease or transfer any part of this Lease without prior written consent of the Landlord which may be withheld for any reason . Tenant shall not mortgage the leased premises . 13 . 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 . 14 . 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 : Tom and Linda Winkel 665045 th Street , 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 3 These addresses may be changed by either party by providing written notification to the other . 15 . RADON GAS . Radon is a naturally occurring radioactive gas that , when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time . Levels of radon that exceed federal and state guidelines have been found in buildings in Florida . Additional information regarding radon testing may be obtained from you county public health unit . This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404 . 056 for the purpose of public information and notification . 16 . 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 OF INDIAN RIVER COUNTY , FLORIDA V' k�ep0 `oeO Peter D . O ' Bryan , Chairman sem ; ° . °' ATTEST : BCCA Approved : May 4 2010 PP Y � e By09 clgdzi rilill. ' dti , ag for ; ton Jeffrey K . Bar �q�1� . e. . . , . • •�, o° ° Clerk of Court � cou ►� �. • By : �'" j Witnessed by : Tom Winkel signature ' n A- printed name : '3� nn e � . � , llOr By : IL (/ signatur Linda Winkel printed na Approved as to f rm le I suf ci ncy : William K . DeBraal Deputy County Attorney 4 These addresses may be changed by either party by providing written notification to the other . 15 . RADON GAS . Radon is a naturally occurring radioactive gas that , when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time . Levels of radon that exceed federal and state guidelines have been found in buildings in Florida . Additional information regarding radon testing may be obtained from you county public health unit . This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404 . 056 for the purpose of public information and notification . 16 . 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 OF INDIAN RIVER COUNTY , FLORIDA V' k�ep0 `oeO Peter D . O ' Bryan , Chairman sem ; ° . °' ATTEST : BCCA Approved : May 4 2010 PP Y � e By09 clgdzi rilill. ' dti , ag for ; ton Jeffrey K . Bar �q�1� . e. . . , . • •�, o° ° Clerk of Court � cou ►� �. • By : �'" j Witnessed by : Tom Winkel signature ' n A- printed name : '3� nn e � . � , llOr By : IL (/ signatur Linda Winkel printed na Approved as to f rm le I suf ci ncy : William K . DeBraal Deputy County Attorney 4 t� P, z "4 SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! LOCATION W* NOT TO SCALE -- 14 __ - ' 13 C ; 57th I Ln ss ` sts -- ,n _e le_ Can P J ' I 53rd -gm 0Stm - _ aF.. 4� tep1t t�, Tpa 23 O i ; 49th t. 20 21 ,j j, .�: d5oai� �TISIIJ�eti �4 66 99 text: 24f so� `• M®rtiw LSite 10a . Kin v� ~ciM 45tF1 28 rrl ! 25 41th oHS. GI r RdELIMITEODAI27 _ ' so 2s - -- - -!- -- --I sa Barber A LEGAL DESCRIPTION.v PARCEL 117 BEING A PORTION OF LOT 4, LATERAL 'A' SUBDNSION, P.D., ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGES 1 AND 1A, PUBLIC RECORDS, INDIAN RIVER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS - FOLLOWS; BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH 89'50'20'2 WEST, ALONG THE SOUTH UNE OF SAID LOT 41 A DISTANCE OF 657.44 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4; THENCE NORTH 00'08 ' 10" EAST, ALONG SAID WEST LINE, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89050'20" EAST, ALONG A LINE 20.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID SOUTH . LINE OF LOT 4, A DISTANCE OF 493.22 FEET; THENCE NORTH 45"47'06 " EAST, A DISTANCE OF 57. 18 FEET; THENCE NORTH 01 °24'33" EAST, A DISTANCE OF 271 .22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 4; THENCE SOUTH 89051 '47" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 107.31 FEET, THENCE SOUTH OO'OS' 10 " WEST, A DISTANCE OF 311 .20 FEET; THENCE SOUTH 89'50'20" EAST, A DISTANCE OF 10.00 FEET TO A POINT OF THE EAST LINE OF SAID LOT 4; THENCE SOUTH 00°08010" WEST, ALONG SAID EAST UNE, A DISTANCE OF 20 .00 . FEET TO THE POINT OF BEGINNING, CONTAINING 1 . 11 ACRES, MORE OR LESS. ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST UNE OF SECTION 19, TOWNSHIP 32 SOUTH. RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00°08 ' 1O° EAST. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 610174, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TT) SECTION 472.027, FLORIDA' STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND ' MAPPER, ' THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID, NOTE THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE PERRY C. WHITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROFSSIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE NO. 4213, STATE OF FLORIDA HEREON, NOTE LANDS SHOWN HEREON WERE NOT DATE 12/6/06 EASEMENTS RESTRICTIONS, RIGHTS— OF—WAY AND REV 7/22/08 1 111111cr "AO WAMW WAMscuE c clan sr Pew t = so �:w ARCADN SHEQ TME44E DRAWN 81 ti 12 6 1BEJ 1or.14RC �ell ®��d, ifhlC. ml ADDITIONAL o/r: Iecr Nu;tR DnAWWG NV1r OIrmna 11 ,�a ;,gym, Fmc (561)-697-7751(561)-697-77516� I st+ r 1 3 I WPDD1053 1105301 � �I t� P, z "4 SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! LOCATION W* NOT TO SCALE -- 14 __ - ' 13 C ; 57th I Ln ss ` sts -- ,n _e le_ Can P J ' I 53rd -gm 0Stm - _ aF.. 4� tep1t t�, Tpa 23 O i ; 49th t. 20 21 ,j j, .�: d5oai� �TISIIJ�eti �4 66 99 text: 24f so� `• M®rtiw LSite 10a . Kin v� ~ciM 45tF1 28 rrl ! 25 41th oHS. GI r RdELIMITEODAI27 _ ' so 2s - -- - -!- -- --I sa Barber A LEGAL DESCRIPTION.v PARCEL 117 BEING A PORTION OF LOT 4, LATERAL 'A' SUBDNSION, P.D., ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGES 1 AND 1A, PUBLIC RECORDS, INDIAN RIVER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS - FOLLOWS; BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH 89'50'20'2 WEST, ALONG THE SOUTH UNE OF SAID LOT 41 A DISTANCE OF 657.44 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4; THENCE NORTH 00'08 ' 10" EAST, ALONG SAID WEST LINE, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89050'20" EAST, ALONG A LINE 20.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID SOUTH . LINE OF LOT 4, A DISTANCE OF 493.22 FEET; THENCE NORTH 45"47'06 " EAST, A DISTANCE OF 57. 18 FEET; THENCE NORTH 01 °24'33" EAST, A DISTANCE OF 271 .22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 4; THENCE SOUTH 89051 '47" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 107.31 FEET, THENCE SOUTH OO'OS' 10 " WEST, A DISTANCE OF 311 .20 FEET; THENCE SOUTH 89'50'20" EAST, A DISTANCE OF 10.00 FEET TO A POINT OF THE EAST LINE OF SAID LOT 4; THENCE SOUTH 00°08010" WEST, ALONG SAID EAST UNE, A DISTANCE OF 20 .00 . FEET TO THE POINT OF BEGINNING, CONTAINING 1 . 11 ACRES, MORE OR LESS. ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST UNE OF SECTION 19, TOWNSHIP 32 SOUTH. RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00°08 ' 1O° EAST. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 610174, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TT) SECTION 472.027, FLORIDA' STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND ' MAPPER, ' THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID, NOTE THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE PERRY C. WHITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROFSSIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE NO. 4213, STATE OF FLORIDA HEREON, NOTE LANDS SHOWN HEREON WERE NOT DATE 12/6/06 EASEMENTS RESTRICTIONS, RIGHTS— OF—WAY AND REV 7/22/08 1 111111cr "AO WAMW WAMscuE c clan sr Pew t = so �:w ARCADN SHEQ TME44E DRAWN 81 ti 12 6 1BEJ 1or.14RC �ell ®��d, ifhlC. ml ADDITIONAL o/r: Iecr Nu;tR DnAWWG NV1r OIrmna 11 ,�a ;,gym, Fmc (561)-697-7751(561)-697-77516� I st+ r 1 3 I WPDD1053 1105301 � �I SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! b 130 ' LATERAL "A" CANAL INDIAN RIVER FARMS CO. PLAT OF LANDS P.B. 2, PG, 25 EAST LINE OF SECTION 19 - 32 -39 �- � S00008 ' 10 "W (BEARING BASE STA: 259 + 59 . 74 o STA: 259 +39 . 74 FFSOFFSET: 41 , 66 _ EAST LINE OF LOT 4 WEST R/W LINE OET: 41 . 21 R R - -OF LATERAL "A" — -� 66th AVENUE — — — (C. R. 615) z O F 23224. 30 R �� SW06' 1OV 311 .20' - �- o 264+ 00 Q u0 263 + DO .�`� , 262 + 00 I I oCL w � 261 + 00 f° 260 + 00 _ I 259 + 0007 - bs ULTIMATE WEST R W LINE- I o - - =o - - - - — FB-13 �- = -- I I I Z m 0a _ - - - °vii - - - , T' Z — —I - - o / I cj cn z N01024'33°E 271 .22' W oQo � I d I m = � § � z n 10 ' L.A. E. PER PLAT OF I J I I O S ��- ¢ z Q N c I z LATEVL . "A " SUBDIVISION , P. pJ ' I I d g o N q co I n P. B. 15 , PG. 1 , I . R. C. R - wOp¢ co N °Q I � o � I + � � I � ka � m - a � r� Q g = N � I � ,� F4 ^ a) o I W C.DO � N Cn N �j I CDkV tM i � I w0 C� Q �- I + � I w 000 V) O I f1 sQd ~ LL O) ! ,.,., � � z Q cn owoo 40- � 5om-'- c I � � I Lr) ¢ uj �I = I z I Ln � I � _ I w w I En C) W I w z 1 L LOT 4 1 m< Lu In r C) I LATERAL "A" SUBDIVISION , P . D . I Z � z I cOWNER : TOM WINKEL - :m � w a � I 6650 45th STREET 12 c 5 I VERO BEACH , FL. , 32967 I ~ 00 coo JI SCALE 1 " = 80 ' I PARCEL ID - 32391900002000000004 . 0 - + � z I I cn N � � I I N + moi - - - -I - - - - - - - - - - - - - - - - f- - - `fes NSI I - �5 - - - 1.1 - - - - - - - - - - - - - - - - ,- - - - ` ) c) LEGEND: 1.�WEST LINE OF LOT 4 I I SEE SHEET 3 OF 3 - N00608 ' 10 ' E 330 . 92 ' — — — � I PROJECT MANAGER DEPARTMENT MANIC,ER SCALE: CHECKED BY a PCW , "rCW 1 ` = 80` PCW m SHEET TITLE DATE: DRAWN BY �±HLAVES 12/6/06 g� ARCADIS G & M , INC„ m ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER 2081 VbW Parkway Tel: (561 ) 697-7000 Fa)c (561 ) 697-7751 (D West Palm Beach, Florida 33411 www.arodls-us.mm SHEET 2 OF 3 WP001053 1053SD117 SKETCH TO ACCOMPANY DESCRIPTION , THIS IS NOT A SURVEY! b 130 ' LATERAL "A" CANAL INDIAN RIVER FARMS CO. PLAT OF LANDS P.B. 2, PG, 25 EAST LINE OF SECTION 19 - 32 -39 �- � S00008 ' 10 "W (BEARING BASE STA: 259 + 59 . 74 o STA: 259 +39 . 74 FFSOFFSET: 41 , 66 _ EAST LINE OF LOT 4 WEST R/W LINE OET: 41 . 21 R R - -OF LATERAL "A" — -� 66th AVENUE — — — (C. R. 615) z O F 23224. 30 R �� SW06' 1OV 311 .20' - �- o 264+ 00 Q u0 263 + DO .�`� , 262 + 00 I I oCL w � 261 + 00 f° 260 + 00 _ I 259 + 0007 - bs ULTIMATE WEST R W LINE- I o - - =o - - - - — FB-13 �- = -- I I I Z m 0a _ - - - °vii - - - , T' Z — —I - - o / I cj cn z N01024'33°E 271 .22' W oQo � I d I m = � § � z n 10 ' L.A. E. PER PLAT OF I J I I O S ��- ¢ z Q N c I z LATEVL . "A " SUBDIVISION , P. pJ ' I I d g o N q co I n P. B. 15 , PG. 1 , I . R. C. R - wOp¢ co N °Q I � o � I + � � I � ka � m - a � r� Q g = N � I � ,� F4 ^ a) o I W C.DO � N Cn N �j I CDkV tM i � I w0 C� Q �- I + � I w 000 V) O I f1 sQd ~ LL O) ! ,.,., � � z Q cn owoo 40- � 5om-'- c I � � I Lr) ¢ uj �I = I z I Ln � I � _ I w w I En C) W I w z 1 L LOT 4 1 m< Lu In r C) I LATERAL "A" SUBDIVISION , P . D . I Z � z I cOWNER : TOM WINKEL - :m � w a � I 6650 45th STREET 12 c 5 I VERO BEACH , FL. , 32967 I ~ 00 coo JI SCALE 1 " = 80 ' I PARCEL ID - 32391900002000000004 . 0 - + � z I I cn N � � I I N + moi - - - -I - - - - - - - - - - - - - - - - f- - - `fes NSI I - �5 - - - 1.1 - - - - - - - - - - - - - - - - ,- - - - ` ) c) LEGEND: 1.�WEST LINE OF LOT 4 I I SEE SHEET 3 OF 3 - N00608 ' 10 ' E 330 . 92 ' — — — � I PROJECT MANAGER DEPARTMENT MANIC,ER SCALE: CHECKED BY a PCW , "rCW 1 ` = 80` PCW m SHEET TITLE DATE: DRAWN BY �±HLAVES 12/6/06 g� ARCADIS G & M , INC„ m ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER 2081 VbW Parkway Tel: (561 ) 697-7000 Fa)c (561 ) 697-7751 (D West Palm Beach, Florida 33411 www.arodls-us.mm SHEET 2 OF 3 WP001053 1053SD117 7EAST COMPANY DESCRIPTION , NOT A SURVEY! e ECTION 19 -32 - 39 zs WEST R/W LINE - 189'50'207Ew OF LATERAL "A " I 10.00' Ts 1 ao ¢ o a EAST LINE OF LOT 4 I J _ z 66th AVENUE .�� LEGEND: (C.R. 615) _ S00'OS�10 r--•-- m N o m P .O.C. - POINT OF COMMENCEMENT w c L v "' P. O . B. - POINT OF BEGINNING I I I '- Cr Z P. B . - PLAT BOOK I I m Ln � a ® -r-PG. - PAGE 260 + 00 LJ S. L. C. R. - ST. LUCIE COUNTY ' IOf 259 + 0 v' a ►- `" a o RECORDS 11 X 1 01cc Z a a 5 lo I LOT 4 1 I L z LATERAL "A " SUBDIVISION , P . D . OWNER : TOM WINKEL I ��• I ? o f o a � 6650 45th STREET ' 0&46I ¢ 0 o z VERO BEACH , FL. , 32967 - Fl I 3 a ►- o PID - 32391900002000000004 . 0 � l N2 ELM W o rr 10 ' L.A. E. PER PLAT OF - 20' I m Z a w LATERAL "A " SUBDIVISION , P. D . --I p cr0 - z P. B. 15 , PG , 1 , I .R . C . RuJ I Z l a t Z 3 lo� jr W rc I I C" Q w 0U _ zzz 04 momZ � I I <m CD za SCALE 1 " = 80 ' _ t I " luJ- a a w Cv - � 1 � �� I Z c � zz Q ;C® F _ Zvi bi 1W Co o I o N 1= _z I _Z BELL SOUTH EASEMENT O.R. B . 1768, PG. 1794 - - - - -A - - - 1 olcon - - - - -� - - - WEST LINE OF LOT 4 I , - - _ NWOB10 "E 20.00 ' PROJECT MANAGER DEPARTMENT MANAGER SCALE_ CHECKED BY ea w ' s� PCW arw , • = 80 „ ro SHEEP MLE DATE FCn DRAWN EN q� p ®� 0raAHLAVIS P� 12/6/06 BEJ ARCADIS G & Iq IIVC . co ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER 2081 Vista Parkway Tel: (561 ) 697.7000 Farc (561 ) 697.7751 WP001053 dda QQ West Palm Beach, Fla33411 www.arcadls-u&=n SHEET 3 OF 3 1053SD 117 7EAST COMPANY DESCRIPTION , NOT A SURVEY! e ECTION 19 -32 - 39 zs WEST R/W LINE - 189'50'207Ew OF LATERAL "A " I 10.00' Ts 1 ao ¢ o a EAST LINE OF LOT 4 I J _ z 66th AVENUE .�� LEGEND: (C.R. 615) _ S00'OS�10 r--•-- m N o m P .O.C. - POINT OF COMMENCEMENT w c L v "' P. O . B. - POINT OF BEGINNING I I I '- Cr Z P. B . - PLAT BOOK I I m Ln � a ® -r-PG. - PAGE 260 + 00 LJ S. L. C. R. - ST. LUCIE COUNTY ' IOf 259 + 0 v' a ►- `" a o RECORDS 11 X 1 01cc Z a a 5 lo I LOT 4 1 I L z LATERAL "A " SUBDIVISION , P . D . OWNER : TOM WINKEL I ��• I ? o f o a � 6650 45th STREET ' 0&46I ¢ 0 o z VERO BEACH , FL. , 32967 - Fl I 3 a ►- o PID - 32391900002000000004 . 0 � l N2 ELM W o rr 10 ' L.A. E. PER PLAT OF - 20' I m Z a w LATERAL "A " SUBDIVISION , P. D . --I p cr0 - z P. B. 15 , PG , 1 , I .R . C . RuJ I Z l a t Z 3 lo� jr W rc I I C" Q w 0U _ zzz 04 momZ � I I <m CD za SCALE 1 " = 80 ' _ t I " luJ- a a w Cv - � 1 � �� I Z c � zz Q ;C® F _ Zvi bi 1W Co o I o N 1= _z I _Z BELL SOUTH EASEMENT O.R. B . 1768, PG. 1794 - - - - -A - - - 1 olcon - - - - -� - - - WEST LINE OF LOT 4 I , - - _ NWOB10 "E 20.00 ' PROJECT MANAGER DEPARTMENT MANAGER SCALE_ CHECKED BY ea w ' s� PCW arw , • = 80 „ ro SHEEP MLE DATE FCn DRAWN EN q� p ®� 0raAHLAVIS P� 12/6/06 BEJ ARCADIS G & Iq IIVC . co ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER 2081 Vista Parkway Tel: (561 ) 697.7000 Farc (561 ) 697.7751 WP001053 dda QQ West Palm Beach, Fla33411 www.arcadls-u&=n SHEET 3 OF 3 1053SD 117 2066445 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2420 PG : 910 , Pagel of 3 05/ 18/2010 at 02 : 47 PM , DOC STAMPS D Prepared by and return to : $2100 . 00 Ralph L. Evans JEFFREY K BARTON , CLERK OF COURT Attorney at Law Stewart, Evans, Stewart & Emmons, P.A . 3355 Ocean Drive Vero Beach , FL 32963 772-231 -3500 Deed : $ 27 . 00 File Number: 13129 Doc Stamps : $ 25100 . 00 Will Call No . : 80 Total : $2 , 127 . 00 [Space Above This Linc For Recording Data] Warranty Deed This Warranty Deed made this 17th day of May, 2010 between Tom Winkel and Linda Winkel , husband and wife whose post office address is 6650 45th Street, Vero :Beach , FL 32967, grantor, and Indian River County, a Political Subdivision of the State of Florida whose post office address is 1801 27th Street, Vero Beach , FL 32960, grantee : (Whenever used herein the terms " grantor" and " grantee " include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth , that said grantor, for and in consideration of the sun of TEN AND NO/ 100 DOLLARS ($ 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 4 , LATERAL " A " SUB:DIVSION, P .D. , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15 . PAGES 1 AND IA. PUBLIC RECORDS, INDIAN :RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : :BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 4 ; THENCE NORTH 89 DEGREES 50120 " WEST, ALONG THE SOUTH LINE OF SAID LOT 49 A DISTANCE OF 657.44 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4 ; THENCE NORTH 00 DEGREES 08110 " EAST , ALONG SAID WEST LINE , A :DISTANCE OF 20 . 00 FEET THENCE SOUTH 89 DEGREES 50112011 EAST, ALONG A LINE 20 . 00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID SOUTH LINE OF LOT 49 A DISTANCE OF 493 . 22 FEET ; THENCE NORTH 45 DEGREES 47 ' 06 " EAST , A DISTANCE OF 57 . 18 FEET ; THENCE NORTH. 01 DEGREES 24 ' 33 " EAST, A DISTANCE OF 271 .22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT . 4 ; THENCE SOUTH 89 DEGREES 51 ' 47 " EAST, ALONG SAID NORTH LINE , A DISTANCE OF 1. 07.31 FEET THENCE SOUTH 00 DEGREES 08 ' 10 " WEST A DISTANCE OF 311 . 20 FEET ; THENCE SOUTH 89 DEGREES 50 ' 20 " EAST, A DISTANCE OF 10 . 00 FEET TO A POINT OF THE EAST LINE OF SAID LOT 4 ; THENCE SOUTH 00 DEGREES 08 ' 10 " WEST, ALONG SAID EAST LINE , A DISTANCE OF 20 . 00 FEET TO THE POINT OF BEGINNING. CONTAINING 1 . 11. ACRES , MORE OR LESS . DoubleTime® 2066445 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2420 PG : 910 , Pagel of 3 05/ 18/2010 at 02 : 47 PM , DOC STAMPS D Prepared by and return to : $2100 . 00 Ralph L. Evans JEFFREY K BARTON , CLERK OF COURT Attorney at Law Stewart, Evans, Stewart & Emmons, P.A . 3355 Ocean Drive Vero Beach , FL 32963 772-231 -3500 Deed : $ 27 . 00 File Number: 13129 Doc Stamps : $ 25100 . 00 Will Call No . : 80 Total : $2 , 127 . 00 [Space Above This Linc For Recording Data] Warranty Deed This Warranty Deed made this 17th day of May, 2010 between Tom Winkel and Linda Winkel , husband and wife whose post office address is 6650 45th Street, Vero :Beach , FL 32967, grantor, and Indian River County, a Political Subdivision of the State of Florida whose post office address is 1801 27th Street, Vero Beach , FL 32960, grantee : (Whenever used herein the terms " grantor" and " grantee " include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth , that said grantor, for and in consideration of the sun of TEN AND NO/ 100 DOLLARS ($ 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 4 , LATERAL " A " SUB:DIVSION, P .D. , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15 . PAGES 1 AND IA. PUBLIC RECORDS, INDIAN :RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : :BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 4 ; THENCE NORTH 89 DEGREES 50120 " WEST, ALONG THE SOUTH LINE OF SAID LOT 49 A DISTANCE OF 657.44 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4 ; THENCE NORTH 00 DEGREES 08110 " EAST , ALONG SAID WEST LINE , A :DISTANCE OF 20 . 00 FEET THENCE SOUTH 89 DEGREES 50112011 EAST, ALONG A LINE 20 . 00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID SOUTH LINE OF LOT 49 A DISTANCE OF 493 . 22 FEET ; THENCE NORTH 45 DEGREES 47 ' 06 " EAST , A DISTANCE OF 57 . 18 FEET ; THENCE NORTH. 01 DEGREES 24 ' 33 " EAST, A DISTANCE OF 271 .22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT . 4 ; THENCE SOUTH 89 DEGREES 51 ' 47 " EAST, ALONG SAID NORTH LINE , A DISTANCE OF 1. 07.31 FEET THENCE SOUTH 00 DEGREES 08 ' 10 " WEST A DISTANCE OF 311 . 20 FEET ; THENCE SOUTH 89 DEGREES 50 ' 20 " EAST, A DISTANCE OF 10 . 00 FEET TO A POINT OF THE EAST LINE OF SAID LOT 4 ; THENCE SOUTH 00 DEGREES 08 ' 10 " WEST, ALONG SAID EAST LINE , A DISTANCE OF 20 . 00 FEET TO THE POINT OF BEGINNING. CONTAINING 1 . 11. ACRES , MORE OR LESS . DoubleTime® ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00 DEGREES 08 ' 10 " EAST. 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 . 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 frilly 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 : ess Name - ( Seal) I �. . Tom Winkel 1 /a.:. , , Witness Name : F / r c r 49 Mt 0,00G%'"' ell (Seal) Wit ess Name : otikii Linda Winkel ss Name : ii✓ State of Florida County of Indian River The foregoing instrument was acknowledged before me this day of May, 2010 by Tom W inkel , who L] is personally known or [X] has produced a driver's license as identification . [Notary Sea ]] N3ta -y Public nvvvvvvvv JESSICAA. LUV1EYoomoem�. m� Printed Name : ,,•",�r,,'f" �mm#1DD0610271 My Commission Expires : E*.IM3101300) �— i3 As JIG ` . ,. fi ,, Foric a fvoi� y gmmmmmsmsmmmmm•mmmsmvm mmummmmvxmmmummmmmixfmJ Warranty Deed - Page 2 DoubleTimee ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00 DEGREES 08 ' 10 " EAST. 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 . 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 frilly 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 : ess Name - ( Seal) I �. . Tom Winkel 1 /a.:. , , Witness Name : F / r c r 49 Mt 0,00G%'"' ell (Seal) Wit ess Name : otikii Linda Winkel ss Name : ii✓ State of Florida County of Indian River The foregoing instrument was acknowledged before me this day of May, 2010 by Tom W inkel , who L] is personally known or [X] has produced a driver's license as identification . [Notary Sea ]] N3ta -y Public nvvvvvvvv JESSICAA. LUV1EYoomoem�. m� Printed Name : ,,•",�r,,'f" �mm#1DD0610271 My Commission Expires : E*.IM3101300) �— i3 As JIG ` . ,. fi ,, Foric a fvoi� y gmmmmmsmsmmmmm•mmmsmvm mmummmmvxmmmummmmmixfmJ Warranty Deed - Page 2 DoubleTimee v A State of Florida County of Indian River The foregoing instrument was acknowledged before me this '' day of May, 2010 by Linda Winkel , who [_] is personally known or [X] has produced a driver's license as identific ion . [Notary Seal] Nota Public Printed Name : uvavavavvvvavvvvvavvvvvvsvvavvanovvavaanaa>;.+ 1�, JESSICA A. Lt1u7tE�P My Commission Expires :Ei �w f] aasacnnaaanaannaaaaaaaanaaaaanaa_amaca � C] " "' Warranty Deed - Page 3 DoubleTimee v A State of Florida County of Indian River The foregoing instrument was acknowledged before me this '' day of May, 2010 by Linda Winkel , who [_] is personally known or [X] has produced a driver's license as identific ion . [Notary Seal] Nota Public Printed Name : uvavavavvvvavvvvvavvvvvvsvvavvanovvavaanaa>;.+ 1�, JESSICA A. Lt1u7tE�P My Commission Expires :Ei �w f] aasacnnaaanaannaaaaaaaanaaaaanaa_amaca � C] " "' Warranty Deed - Page 3 DoubleTimee (American Land Title Association Owner's Policy - 10- 17-92) (With Florida Modifications) Old Republic National Title Insurance Company OWNER 'S TITLE INSURANCE POLICY Issued 'Through Attorneys ' Title Fund Services , LLC 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 hlsurance 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 A Stock C¢r?4vany 40t 9Secxd AVerive S�xth, !AdiRn'7L�apofiS /tfil'^esota .7�.' 461 (572) .3ji- P 1 i Byt�. BSiC.2Rd h Serrataiv SERIAL OPM -8025812 FORM OPM (rev . 07/09) File Number: 13129 DoubleTime® 5 . 1 . 3 (American Land Title Association Owner's Policy - 10- 17-92) (With Florida Modifications) Old Republic National Title Insurance Company OWNER 'S TITLE INSURANCE POLICY Issued 'Through Attorneys ' Title Fund Services , LLC 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 hlsurance 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 A Stock C¢r?4vany 40t 9Secxd AVerive S�xth, !AdiRn'7L�apofiS /tfil'^esota .7�.' 461 (572) .3ji- P 1 i Byt�. BSiC.2Rd h Serrataiv SERIAL OPM -8025812 FORM OPM (rev . 07/09) File Number: 13129 DoubleTime® 5 . 1 . 3 Old Republic National Title Insurance Company Issued Through Attorneys ' Title Fund Services, LLC OWNER 'S POLICY Schedule A Policy No . : Effective Date : Agent's File Reference : OPM- 8025812 May 18 , 2010 @ 02 : 47 PM 13129 Amount of Insurance : $ 300 , 000 . 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 . 2066445 in Official Records Book 2420, Page 910 , 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 4, LATERAL "A " SUBDIVSION, P .D . , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15 . PAGES 1 AND IA. PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 4 ; THENCE NORTH 89 DEGREES 50'20 " WEST, ALONG THE SOUTH LINE OF SAID LOT 4 , A DISTANCE OF 657 .44 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4 ; THENCE NORTH 00 DEGREES 08 ' 10 " EAST, ALONG SAID WEST LINE, A DISTANCE OF 20 . 00 FEET THENCE SOUTH 89 DEGREES 50 " 20 " EAST, ALONG A LINE 20 . 00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID SOUTH LINE OF LOT 4 , A DISTANCE OF 493 . 22 FEET; THENCE NORTH 45 DEGREES 47 ' 06 " EAST, A DISTANCE OF 57 . 18 FEET; THENCE NORTH 01 DEGREES 24 ' 33 " EAST, A DISTANCE OF 271 . 22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT. 4 ; THENCE SOUTH 89 DEGREES 51 '47 " EAST, ALONG SAID NORTH LINE , A DISTANCE OF 107 . 31 FEET THENCE SOUTH 00 DEGREES 08 ' 10 " WEST A DISTANCE OF 311 . 20 FEET; THENCE SOUTH 89 DEGREES 50' 20 " EAST, A DISTANCE OF 10 . 00 FEET TO A POINT OF THE EAST LINE OF SAID LOT 4 ; THENCE SOUTH 00 DEGREES 08 ' 10 " WEST , ALONG SAID EAST LINE, A DISTANCE OF 20 . 00 FEET TO THE POINT OF BEGINNING. CONTAINING 1 . 11 ACRES , MORE OR LESS . OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Issued Through Attorneys ' Title Fund Services, LLC Agent No . : 19769 Issuing Agent: Stewart, Evans , Stewart & Emmons , P.A. 3355 Ocean Drive Vero Beach, FL 32963 Agent' s Signature Ralph L . Evans Attorney at Law Page 1 of 3 Form OPM SCH. A (rev. 07/09) DoubleTime® 5 . 1 . 3 Old Republic National Title Insurance Company Issued Through Attorneys ' Title Fund Services, LLC OWNER 'S POLICY Schedule A Policy No . : Effective Date : Agent's File Reference : OPM- 8025812 May 18 , 2010 @ 02 : 47 PM 13129 Amount of Insurance : $ 300 , 000 . 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 . 2066445 in Official Records Book 2420, Page 910 , 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 4, LATERAL "A " SUBDIVSION, P .D . , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15 . PAGES 1 AND IA. PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 4 ; THENCE NORTH 89 DEGREES 50'20 " WEST, ALONG THE SOUTH LINE OF SAID LOT 4 , A DISTANCE OF 657 .44 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4 ; THENCE NORTH 00 DEGREES 08 ' 10 " EAST, ALONG SAID WEST LINE, A DISTANCE OF 20 . 00 FEET THENCE SOUTH 89 DEGREES 50 " 20 " EAST, ALONG A LINE 20 . 00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID SOUTH LINE OF LOT 4 , A DISTANCE OF 493 . 22 FEET; THENCE NORTH 45 DEGREES 47 ' 06 " EAST, A DISTANCE OF 57 . 18 FEET; THENCE NORTH 01 DEGREES 24 ' 33 " EAST, A DISTANCE OF 271 . 22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT. 4 ; THENCE SOUTH 89 DEGREES 51 '47 " EAST, ALONG SAID NORTH LINE , A DISTANCE OF 107 . 31 FEET THENCE SOUTH 00 DEGREES 08 ' 10 " WEST A DISTANCE OF 311 . 20 FEET; THENCE SOUTH 89 DEGREES 50' 20 " EAST, A DISTANCE OF 10 . 00 FEET TO A POINT OF THE EAST LINE OF SAID LOT 4 ; THENCE SOUTH 00 DEGREES 08 ' 10 " WEST , ALONG SAID EAST LINE, A DISTANCE OF 20 . 00 FEET TO THE POINT OF BEGINNING. CONTAINING 1 . 11 ACRES , MORE OR LESS . OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Issued Through Attorneys ' Title Fund Services, LLC Agent No . : 19769 Issuing Agent: Stewart, Evans , Stewart & Emmons , P.A. 3355 Ocean Drive Vero Beach, FL 32963 Agent' s Signature Ralph L . Evans Attorney at Law Page 1 of 3 Form OPM SCH. A (rev. 07/09) DoubleTime® 5 . 1 . 3 Old Republic National Title Insurance Company Issued Through Attorneys ' Title Fund Services, LLC OWNER 'S POLICY Schedule A (Continued) Policy No . : Agent's File Reference : OPM- 8025812 13129 ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19 , TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00 DEGREES 08 ' 10 " EAST . Form OPMSCII. A (Continued) Page 2 of 3 (rev. 07/09) DoubleTime® 5. 1 . 3 Old Republic National Title Insurance Company Issued Through Attorneys ' Title Fund Services, LLC OWNER 'S POLICY Schedule A (Continued) Policy No . : Agent's File Reference : OPM- 8025812 13129 ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19 , TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00 DEGREES 08 ' 10 " EAST . Form OPMSCII. A (Continued) Page 2 of 3 (rev. 07/09) DoubleTime® 5. 1 . 3 Old Republic National Title Insurance Company Issued Through Attorneys ' Title Fund Services, LLC OWNER 'S POLICY Schedule B Policy No . : Agent's File Reference : OPM- 8025812 13129 This policy does not insure against loss or damage by reason of the following exceptions : -L T--axes44-the-year-af-the ef€eetiNye-date-e€4his polite-arid taxes-speeialassessments whieh are-net-se -as-existing- liens by the bli . a . DELETED 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 . Any-lien,-er-rigl 4o -a4*en, -€er ce: . iees , -labef-ef —nia efhe1-heretefere-er=erearter RmHsheEl-, -iipesed-by-la-w-and-net - sl o.ai by the public reoer- DELETED h- Any adverse e3mierskip elate -by -the State -af Florida -by right e€-severeignty -to -any portion -4-the lands -insu ed - hereunder-, inoluding submerged, filled and ar-tifieially exposed lands, and- la4id-S aoereatFa d, to queh lAnds DELETED 7 . Taxes for the year 2010, which are not yet due and payable . 8 . Easement to Bellsouth recorded in O . R. Book 1768 , Page 1794, Public Records of Indian River County, Florida . 9 . 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 3 of 3 Form OPM SCH. B (rev. 07/09) DoubleTime® 5. 1 . 3 Old Republic National Title Insurance Company Issued Through Attorneys ' Title Fund Services, LLC OWNER 'S POLICY Schedule B Policy No . : Agent's File Reference : OPM- 8025812 13129 This policy does not insure against loss or damage by reason of the following exceptions : -L T--axes44-the-year-af-the ef€eetiNye-date-e€4his polite-arid taxes-speeialassessments whieh are-net-se -as-existing- liens by the bli . a . DELETED 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 . Any-lien,-er-rigl 4o -a4*en, -€er ce: . iees , -labef-ef —nia efhe1-heretefere-er=erearter RmHsheEl-, -iipesed-by-la-w-and-net - sl o.ai by the public reoer- DELETED h- Any adverse e3mierskip elate -by -the State -af Florida -by right e€-severeignty -to -any portion -4-the lands -insu ed - hereunder-, inoluding submerged, filled and ar-tifieially exposed lands, and- la4id-S aoereatFa d, to queh lAnds DELETED 7 . Taxes for the year 2010, which are not yet due and payable . 8 . Easement to Bellsouth recorded in O . R. Book 1768 , Page 1794, Public Records of Indian River County, Florida . 9 . 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 3 of 3 Form OPM SCH. B (rev. 07/09) DoubleTime® 5. 1 . 3 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; (e) 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 ajudgment 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 terms when used in this policy mean : insured of either (i ) all estate or interest in the land , or ( ii ) all (a) " insured " : the insured named in Schedule A , and , subject to any indebtedness 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 counsel . The Company will not pay any fees, costs or expenses incurred affecting the title to the land , not excluded or excepted from coverage, by the insured in the defense of those causes of action which allege which would entitle a purchaser of the estate or interest described in matters not insured against by this policy. Schedule A to be released from the obligation to purchase by virtue of a (b) The Company shall have the right, at its own cost, to institute and contractual condition 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. 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; (e) 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 ajudgment 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 terms when used in this policy mean : insured of either (i ) all estate or interest in the land , or ( ii ) all (a) " insured " : the insured named in Schedule A , and , subject to any indebtedness 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 counsel . The Company will not pay any fees, costs or expenses incurred affecting the title to the land , not excluded or excepted from coverage, by the insured in the defense of those causes of action which allege which would entitle a purchaser of the estate or interest described in matters not insured against by this policy. Schedule A to be released from the obligation to purchase by virtue of a (b) The Company shall have the right, at its own cost, to institute and contractual condition 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 (i) to pay or otherwise settle with other parties for or in the a defense as required or permitted by the provisions of this policy, the name of an insured claimant any claim insured against under this 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 Upon the exercise by the Company of either of the options provided for in give the Company all reasonable aid (i ) in any action or proceeding, paragraphs (b)(i ) or (ii ), the Company's obligations to the insured under securing evidence, obtaining witnesses, prosecuting or defending the action this policy for the claimed loss or damage, other than the payments or proceeding, or effecting settlement, and ( ii ) in any other lawful act which required to be made, shall terminate, including any liability or obligation in 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 from 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, 8 . 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 damage. more of the parcels but not all, the loss shall be computed and settled on a In addition , the insured claimant may reasonably be required to submit to pro rata basis as if the amount of insurance under this policy was divided examination under oath by any authorized representative of the Company pro rata as to the value on Date of Policy of each separate parcel to the and shall produce for examination , inspection and copying, at such whole, exclusive of any improvements made subsequent to Date of reasonable times and places as may be designated by any authorized Policy, unless a liability or value has otherwise been agreed upon as to representative of the Company, all records, books, ledgers, checks, each parcel by the Company and the insured at the time of the issuance of correspondence and memoranda, whether bearing a date before or after Date this policy and shown by an express statement or by an endorsement of policy, which reasonably pertain to the loss or damage . Further, if attached to this 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 B 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. (c) Whenever the Company shall have brought an action or interposed (i) to pay or otherwise settle with other parties for or in the a defense as required or permitted by the provisions of this policy, the name of an insured claimant any claim insured against under this 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 Upon the exercise by the Company of either of the options provided for in give the Company all reasonable aid (i ) in any action or proceeding, paragraphs (b)(i ) or (ii ), the Company's obligations to the insured under securing evidence, obtaining witnesses, prosecuting or defending the action this policy for the claimed loss or damage, other than the payments or proceeding, or effecting settlement, and ( ii ) in any other lawful act which required to be made, shall terminate, including any liability or obligation in 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 from 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, 8 . 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 damage. more of the parcels but not all, the loss shall be computed and settled on a In addition , the insured claimant may reasonably be required to submit to pro rata basis as if the amount of insurance under this policy was divided examination under oath by any authorized representative of the Company pro rata as to the value on Date of Policy of each separate parcel to the and shall produce for examination , inspection and copying, at such whole, exclusive of any improvements made subsequent to Date of reasonable times and places as may be designated by any authorized Policy, unless a liability or value has otherwise been agreed upon as to representative of the Company, all records, books, ledgers, checks, each parcel by the Company and the insured at the time of the issuance of correspondence and memoranda, whether bearing a date before or after Date this policy and shown by an express statement or by an endorsement of policy, which reasonably pertain to the loss or damage . Further, if attached to this 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 B 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 in 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 on 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 state 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 - 1111 . at V1 n t nor O I� FF�77 r '— — • � ,�,, .+ ,r.. -.•. t� www r ` O J r� W C O CJ ' j Q O )all � 1 1 r C ti (D C N Ed N 0 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 in 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 on 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 state 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 - 1111 . at V1 n t nor O I� FF�77 r '— — • � ,�,, .+ ,r.. -.•. t� www r ` O J r� W C O CJ ' j Q O )all � 1 1 r C ti (D C N Ed N 0 Closing Affidavit (Seller) Before me, the undersigned authority, personally appeared Tom Winkel and Linda Winkel , husband and wife ( "Affiant") , who being by me first duly sworn , on oath, depose(s) and say(s) that: 1 . Tom Winkel and Linda Winkel, husband and wife ( " Seller" ), is the owner of and is selling the following described property to Indian River County, a Political Subdivision of the State of Florida ("Buyer"), to wit : BEING A PORTION OF LOT 49 LATERAL "A " SUBDIVSION, P.D. , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15 . PAGES 1 AND IA . PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 4 ; THENCE NORTH 89 DEGREES 50 ' 20 " WEST, ALONG THE SOUTH LINE OF SAID LOT 49 A DISTANCE OF 657.44 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4 ; THENCE NORTH 00 DEGREES 08910 " EAST, ALONG SAID WEST LINE, A DISTANCE OF 20.00 FEET THENCE SOUTH 89 DEGREES 50 " 20 " EAST, ALONG A LINE 20 . 00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID SOUTH LINE OF LOT 49 A DISTANCE OF 493 .22 FEET; THENCE NORTH 45 DEGREES 47 ' 06 " EAST, A DISTANCE OF 57. 18 FEET; THENCE NORTH 01 DEGREES 24 ' 33 " EAST, A DISTANCE OF 271 .22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT. 4 ; THENCE SOUTH 89 DEGREES 51 '47 " EAST, ALONG SAID NORTH LINE, A DISTANCE OF 107.31 FEET THENCE SOUTH 00 DEGREES 08 ' 10 " WEST A DISTANCE OF 311 .20 FEET; THENCE SOUTH 89 DEGREES 50 ' 20 " EAST, A DISTANCE OF 10. 00 FEET TO A POINT OF THE EAST LINE OF SAID LOT 4 ; THENCE SOUTH 00 DEGREES 08 ' 10 " WEST, ALONG SAID EAST LINE, A DISTANCE OF 20 .00 FEET TO THE POINT OF BEGINNING. CONTAINING 1 . 11 ACRES, MORE OR LESS , ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19 , TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00 DEGREES 08 ' 10 " EAST, 2 . The above described property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description of record whatsoever, except for mortgage or mortgages , if any, described in the Deed and except for real estate and personal property taxes for the year 2010 , which are not yet due and payable . 3 . There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described property for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or improving the same, which remain unpaid since the acquisition by Seller, and that there are no mechanic's, materialmen's, or laborer's liens since acquisition by Seller against the above described property. 4 . There have been no documents recorded in the Public Records of Indian River County, Florida subsequent to April 21 , 2010 , which affect title to the Property and Seller has not entered into any contracts for the sale, disposition or leasing of the Property since said date except as may have been disclosed to Stewart , Evans, Stewart & Enunons, P . A . in writing, and Seller has no knowledge of any matter affecting title to the Property. 5 . The personal property contained in the building on said property, or on the said premises, and which, if any, is being sold free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no violations of Municipal or County Ordinances pertaining to the above described property . No judgment or decree has been entered in any court in this State or the United States against said Seller which remains unsatisfied. There are no persons other than Seller in possession of the above described property . 6 . Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in making the prorations used in closing the transfer and conveyance of the above described property to said buyers, then a new proration and a correct and proper adjustment will be made upon demand. File Number: 13129 DoubleTimee Closing Affidavit (Seller) Before me, the undersigned authority, personally appeared Tom Winkel and Linda Winkel , husband and wife ( "Affiant") , who being by me first duly sworn , on oath, depose(s) and say(s) that: 1 . Tom Winkel and Linda Winkel, husband and wife ( " Seller" ), is the owner of and is selling the following described property to Indian River County, a Political Subdivision of the State of Florida ("Buyer"), to wit : BEING A PORTION OF LOT 49 LATERAL "A " SUBDIVSION, P.D. , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15 . PAGES 1 AND IA . PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 4 ; THENCE NORTH 89 DEGREES 50 ' 20 " WEST, ALONG THE SOUTH LINE OF SAID LOT 49 A DISTANCE OF 657.44 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4 ; THENCE NORTH 00 DEGREES 08910 " EAST, ALONG SAID WEST LINE, A DISTANCE OF 20.00 FEET THENCE SOUTH 89 DEGREES 50 " 20 " EAST, ALONG A LINE 20 . 00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID SOUTH LINE OF LOT 49 A DISTANCE OF 493 .22 FEET; THENCE NORTH 45 DEGREES 47 ' 06 " EAST, A DISTANCE OF 57. 18 FEET; THENCE NORTH 01 DEGREES 24 ' 33 " EAST, A DISTANCE OF 271 .22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT. 4 ; THENCE SOUTH 89 DEGREES 51 '47 " EAST, ALONG SAID NORTH LINE, A DISTANCE OF 107.31 FEET THENCE SOUTH 00 DEGREES 08 ' 10 " WEST A DISTANCE OF 311 .20 FEET; THENCE SOUTH 89 DEGREES 50 ' 20 " EAST, A DISTANCE OF 10. 00 FEET TO A POINT OF THE EAST LINE OF SAID LOT 4 ; THENCE SOUTH 00 DEGREES 08 ' 10 " WEST, ALONG SAID EAST LINE, A DISTANCE OF 20 .00 FEET TO THE POINT OF BEGINNING. CONTAINING 1 . 11 ACRES, MORE OR LESS , ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19 , TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00 DEGREES 08 ' 10 " EAST, 2 . The above described property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description of record whatsoever, except for mortgage or mortgages , if any, described in the Deed and except for real estate and personal property taxes for the year 2010 , which are not yet due and payable . 3 . There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described property for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or improving the same, which remain unpaid since the acquisition by Seller, and that there are no mechanic's, materialmen's, or laborer's liens since acquisition by Seller against the above described property. 4 . There have been no documents recorded in the Public Records of Indian River County, Florida subsequent to April 21 , 2010 , which affect title to the Property and Seller has not entered into any contracts for the sale, disposition or leasing of the Property since said date except as may have been disclosed to Stewart , Evans, Stewart & Enunons, P . A . in writing, and Seller has no knowledge of any matter affecting title to the Property. 5 . The personal property contained in the building on said property, or on the said premises, and which, if any, is being sold free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no violations of Municipal or County Ordinances pertaining to the above described property . No judgment or decree has been entered in any court in this State or the United States against said Seller which remains unsatisfied. There are no persons other than Seller in possession of the above described property . 6 . Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in making the prorations used in closing the transfer and conveyance of the above described property to said buyers, then a new proration and a correct and proper adjustment will be made upon demand. File Number: 13129 DoubleTimee 7 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute any instruments that would adversely affect the interest to be insured. 8 . Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and undisturbed, and have never been disputed nor questioned. 9 . There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said property has been in compliance with the applicable building codes, ordinances and statutes. 10 . Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable zoning laws concerning said property within the past ninety (90) days . 11 . There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party, including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said property. 12 . There are no unrecorded easements, claims of easement or rights-of-way affecting all or any portion of the property. 13 . Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of tax is not required upon purchase of the above described property, Seller certifies the following : a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership , foreign trust or foreign estate for purposes of United States federal income taxation. b . Seller's U. S . Taxpayer Identification Number is 3 CD 76 33 c . Seller's address is : 6650 45th Street, Vero Beach , FL 32967. d . No other persons or entities have an ownership interest in the above described property. Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may be disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on behalf of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is true and correct. 14 . This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose of inducing Stewart, Evans, Stewart & Emmons, P .A . and Old Republic National Title Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are relying upon the statements set forth herein . Seller hereby holds Stewart, Evans, Stewart & Emmons, P.A. and Old Republic National Title Insurance Company harmless and fully indemnifies same ( including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein . " Affiant" , " Seller" and " Buyer" include singular or plural as context so requires or admits . Seller further states that he/she is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature . Seller fiurther certifies that he/she has read , or heard read, the full facts of this Affidavit and understands its context. Under penalties of erjuVVI I declare that I have read the foregoi ffidavil and lhat facts stated in it are true . It Tom Winkel inda Winkel Closing Affidavit (Seller) - Page 2 File Number: 13129 DoubleTimee 7 . There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute any instruments that would adversely affect the interest to be insured. 8 . Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and undisturbed, and have never been disputed nor questioned. 9 . There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said property has been in compliance with the applicable building codes, ordinances and statutes. 10 . Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable zoning laws concerning said property within the past ninety (90) days . 11 . There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party, including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said property. 12 . There are no unrecorded easements, claims of easement or rights-of-way affecting all or any portion of the property. 13 . Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of tax is not required upon purchase of the above described property, Seller certifies the following : a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership , foreign trust or foreign estate for purposes of United States federal income taxation. b . Seller's U. S . Taxpayer Identification Number is 3 CD 76 33 c . Seller's address is : 6650 45th Street, Vero Beach , FL 32967. d . No other persons or entities have an ownership interest in the above described property. Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may be disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on behalf of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is true and correct. 14 . This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose of inducing Stewart, Evans, Stewart & Emmons, P .A . and Old Republic National Title Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are relying upon the statements set forth herein . Seller hereby holds Stewart, Evans, Stewart & Emmons, P.A. and Old Republic National Title Insurance Company harmless and fully indemnifies same ( including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein . " Affiant" , " Seller" and " Buyer" include singular or plural as context so requires or admits . Seller further states that he/she is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature . Seller fiurther certifies that he/she has read , or heard read, the full facts of this Affidavit and understands its context. Under penalties of erjuVVI I declare that I have read the foregoi ffidavil and lhat facts stated in it are true . It Tom Winkel inda Winkel Closing Affidavit (Seller) - Page 2 File Number: 13129 DoubleTimee e� w State of Florida County of Indian River The foregoing instrument was sworn to and subscribed before me this day of May, 2010 by Tom Winkel , who L] is personally known or [X] has produced a driver's license as identific on. I LO owl ® eaooeao• JESSICA A. LUMLEYeca�oeno -'i [Notary Seal] Nota Public a"'nn' ,• Comm# DD0690271 W t: + EPA r Exp:;es 1013012090 ;, Printed Name :ED �5 � Cc� lJr�� I Y L X03 Fk7rk'3 NoLayAs"n., IncAt 2 71T` rsesaaoe�aunmauoeaeuuuaeaoauaueeeeaee9 I DI3D � ZD � D My Commission Expires : State of Florida County of Indian River The foregoing instrument was sworn to and subscribed before me this f4y�% day of May, 2010 by Linda Winkel , who L] is personally known or [X] has produced a driver's license as identificion. [Notary Seal] Not Public �eaea�eaeJESSICA kLUNILEYeonaoeo �aCA n Printed Name :Az j { � � Comm# DD0610Z Expires 1013012090 My Commission Expires : 2� 60' D e _ ;; JU plodea Nolay A n.. lnc "��numa F. A u ua uaalpalppaeppeeaae e u uu a n a a a ao� Closing Affidavit (Seller) - Page 3 File Number: 13129 DoubleTimee e� w State of Florida County of Indian River The foregoing instrument was sworn to and subscribed before me this day of May, 2010 by Tom Winkel , who L] is personally known or [X] has produced a driver's license as identific on. I LO owl ® eaooeao• JESSICA A. LUMLEYeca�oeno -'i [Notary Seal] Nota Public a"'nn' ,• Comm# DD0690271 W t: + EPA r Exp:;es 1013012090 ;, Printed Name :ED �5 � Cc� lJr�� I Y L X03 Fk7rk'3 NoLayAs"n., IncAt 2 71T` rsesaaoe�aunmauoeaeuuuaeaoauaueeeeaee9 I DI3D � ZD � D My Commission Expires : State of Florida County of Indian River The foregoing instrument was sworn to and subscribed before me this f4y�% day of May, 2010 by Linda Winkel , who L] is personally known or [X] has produced a driver's license as identificion. [Notary Seal] Not Public �eaea�eaeJESSICA kLUNILEYeonaoeo �aCA n Printed Name :Az j { � � Comm# DD0610Z Expires 1013012090 My Commission Expires : 2� 60' D e _ ;; JU plodea Nolay A n.. lnc "��numa F. A u ua uaalpalppaeppeeaae e u uu a n a a a ao� Closing Affidavit (Seller) - Page 3 File Number: 13129 DoubleTimee Special Assessment Affidavit STATE OF Florida COUNTY OF Indian River BEFORE ME , the undersigned authority, duly authorized to take acknowledgments, personally appeared Tom Winkel and Linda Winkel , husband and wife , who, being duly sworn , depose and say : 1 . The undersigned are the owners of the following described property, to-wit : BEING A PORTION OF LOT 4 , LATERAL "A" SUBDIVSION , P . D . , ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 15 . PAGES 1 AND IA. PUBLIC RECORDS , INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 4 ; THENCE NORTH 89 DEGREES 50 '20 " WEST, ALONG THE SOUTH LINE OF SAID LOT 4, A DISTANCE OF 657 .44 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4 ; THENCE NORTH 00 DEGREES 08' 10" EAST, ALONG SAID WEST LINE, A DISTANCE OF 20 . 00 FEET THENCE SOUTH 89 DEGREES 50 " 20 " EAST, ALONG A LINE 20 . 00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID SOUTH LINE OF LOT 43 A DISTANCE OF 493 . 22 FEET; THENCE NORTH 45 DEGREES 47' 06 " EAST, A DISTANCE OF 57 . 18 FEET ; THENCE NORTH 01 DEGREES 24' 33 " EAST, A DISTANCE OF 271 . 22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT . 4 ; THENCE SOUTH 89 DEGREES 51 '47 " EAST, ALONG SAID NORTH LINE, A DISTANCE OF 107 . 31 FEET THENCE SOUTH 00 DEGREES 08 ' 10 " WEST A DISTANCE OF 311 . 20 FEET ; THENCE SOUTH 89 DEGREES 50' 20 " EAST, A DISTANCE OF 10 . 00 FEET TO A POINT OF THE EAST LINE OF SAID LOT 4 ; THENCE SOUTH 00 DEGREES 08 ' 10 " WEST, ALONG SAID EAST LINE, A DISTANCE OF 20 . 00 FEET TO THE POINT OF BEGINNING. CONTAINING 1 . 11 ACRES , MORE OR LESS . ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00 DEGREES 08 ' 10 " EAST . 2 . We have received notice of Utility, Paving, Water, Special , Impact, Development, Waste and/or Sewer Assessment( s) . Please explain : 3 . X _ _ _ We have not received notice of Utility, Paving, Water, Special , Impact, Development, Waste and/or Sewer Assessments (s) . 4TI ` W Tom W ' el in a Winkel The foregoing instrument was acknowledged before me this 14 day of May, 2010 , by Tom Winkel who are personally known to me or who have produced TL ejc zrs.t. as identification. Special Assessment Affidavit STATE OF Florida COUNTY OF Indian River BEFORE ME , the undersigned authority, duly authorized to take acknowledgments, personally appeared Tom Winkel and Linda Winkel , husband and wife , who, being duly sworn , depose and say : 1 . The undersigned are the owners of the following described property, to-wit : BEING A PORTION OF LOT 4 , LATERAL "A" SUBDIVSION , P . D . , ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 15 . PAGES 1 AND IA. PUBLIC RECORDS , INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 4 ; THENCE NORTH 89 DEGREES 50 '20 " WEST, ALONG THE SOUTH LINE OF SAID LOT 4, A DISTANCE OF 657 .44 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4 ; THENCE NORTH 00 DEGREES 08' 10" EAST, ALONG SAID WEST LINE, A DISTANCE OF 20 . 00 FEET THENCE SOUTH 89 DEGREES 50 " 20 " EAST, ALONG A LINE 20 . 00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID SOUTH LINE OF LOT 43 A DISTANCE OF 493 . 22 FEET; THENCE NORTH 45 DEGREES 47' 06 " EAST, A DISTANCE OF 57 . 18 FEET ; THENCE NORTH 01 DEGREES 24' 33 " EAST, A DISTANCE OF 271 . 22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT . 4 ; THENCE SOUTH 89 DEGREES 51 '47 " EAST, ALONG SAID NORTH LINE, A DISTANCE OF 107 . 31 FEET THENCE SOUTH 00 DEGREES 08 ' 10 " WEST A DISTANCE OF 311 . 20 FEET ; THENCE SOUTH 89 DEGREES 50' 20 " EAST, A DISTANCE OF 10 . 00 FEET TO A POINT OF THE EAST LINE OF SAID LOT 4 ; THENCE SOUTH 00 DEGREES 08 ' 10 " WEST, ALONG SAID EAST LINE, A DISTANCE OF 20 . 00 FEET TO THE POINT OF BEGINNING. CONTAINING 1 . 11 ACRES , MORE OR LESS . ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00 DEGREES 08 ' 10 " EAST . 2 . We have received notice of Utility, Paving, Water, Special , Impact, Development, Waste and/or Sewer Assessment( s) . Please explain : 3 . X _ _ _ We have not received notice of Utility, Paving, Water, Special , Impact, Development, Waste and/or Sewer Assessments (s) . 4TI ` W Tom W ' el in a Winkel The foregoing instrument was acknowledged before me this 14 day of May, 2010 , by Tom Winkel who are personally known to me or who have produced TL ejc zrs.t. as identification. f 4 Prin d Name : Icv a�aa neeasaa➢aaaaecacaoaneaaxacaencocn.acaooao,c Public JESSICA A. LUiL LEY Ccr rzl DDG&10271 (NOTARY S Ali My Commission Expires : DI3Ulzo ��a�`K {d"' Florfc'aNct�:/ A�:n.. lnc W ooaoaeuuouuueuoeeauuoeoeaesoaocaaaaaec: The foregoing instrument was acknowledged before me this day of May , 2010 , by Linda Winkel who are personally known to me or who have produced , c1-11re 5 1'C.t. 5-<, as identification . asceaeosoa JESSICAA LUMLEY aesnee� ' nte Name : ""'•'" � Comm# DD0610271 = Notary Public p"l c i 9p?i Expims 10/30/2010 " Ll (NOTARY Sl i ` FIOHO NcL:& �n.a Inc •,�, My Commission Expires : vuoaaua uuaaoueeaaeaoau ueauaeaaeeeeaea oaueU f 4 Prin d Name : Icv a�aa neeasaa➢aaaaecacaoaneaaxacaencocn.acaooao,c Public JESSICA A. LUiL LEY Ccr rzl DDG&10271 (NOTARY S Ali My Commission Expires : DI3Ulzo ��a�`K {d"' Florfc'aNct�:/ A�:n.. lnc W ooaoaeuuouuueuoeeauuoeoeaesoaocaaaaaec: The foregoing instrument was acknowledged before me this day of May , 2010 , by Linda Winkel who are personally known to me or who have produced , c1-11re 5 1'C.t. 5-<, as identification . asceaeosoa JESSICAA LUMLEY aesnee� ' nte Name : ""'•'" � Comm# DD0610271 = Notary Public p"l c i 9p?i Expims 10/30/2010 " Ll (NOTARY Sl i ` FIOHO NcL:& �n.a Inc •,�, My Commission Expires : vuoaaua uuaaoueeaaeaoau ueauaeaaeeeeaea oaueU Closing Statement Addendum Seller: Tont Winkel and Linda Winkel, husband and svlfe Buyer: Indian River County, a Political Subdivision orate stale of Florida Property: 66th Avenue, Vero !}eacly FL 32963 Closing Agent: Stewart, Evans, Stewart & Enimons, P.A . Closing Date: May 17, 2010 File Number: 13129 TAX RE-PRORATION AGREEMENT: If the most recent property tax bill issued does not cover through the closing date, then the tax prorations set forthOil the settlenieitt statement are based upon an estimate. The basis of proration as set forth on the settlement statement is hereby accepted by the parties to tins transaction. It hereby understood and agreed that the actual taxes, if different, will be adjusted between the parties upon demand. Closing Agent is not liable or responsible for adjustment or re- proration of taxes. Closing Agent is not responsible or liable for additional taxes , other charges or tax refunds, if any, and shall not be liable should any of the parties to this transaction fail or refuse to re-prorate the taxes. AGREEMENT TO COOPERATE: If requested by Lender (if any), Closing Agent, Title Agent or Title Underwriter, the parries agree to fully cooperate and adjust. for ,clerical errors, 'including the execution or re-execution of any reasonable documentation and/or the remittance of any additional sunis . HOMEOWNER'S/CONDO,AMINIUM ASSOCIATIONS : The Buyer(s) ockuowledge(s) the existence of any homeowner's iI and/or condominium association(s) and is aware that monthly, quarterly or annual titaintenpnce assessments ratty. be due to said ossociation(s),. .Said association(s) may also have the authority to -regulate and enforce community covenants and restrictions. The Buyer hereby acknowledges receipt of a copy of any association estoppeliettersfor the subject transaction. MISCELLANEOUS: Closing Agent does not make'any representations orwarrantiesnor assumes any liability with respect to the physical condition of tile property, or any repairs to the, property. Buyer has been advised and encouraged to secure hazard insurance'coverage: prior to completion of closing, if a survey was prepared for the subject transaction, then the Buyer hereby acknowledges receipt of a copy, thereof . `fhe buyer has reviewed said survey and accepts title subject to the matters set forth Ihereon. Buyer has received and reviewed the proposed deed mud is satisfied with and approves the manner which title is being held . DISBURSPNIENT AUTHORIZATION , ETC.; Closing Agent docs not adjust or assume liability for charges for water, rents, gas, electricity; taxes oil personal property, garbage taxes or fees, license fees or taxes, service/miriniemnice contracts (pest control, appliance maintenance, pouf care, lawn care, aloin systems, etc.), association assessments or dues, or estoppel information furbished by niorigagees or others. Tile settlenicntatntementhas been reviewed and approved and Closing Agent is irrevocably authorized and directed to complete the closing of Zile transaction and make disbursement in nccordance therewith . In the event of mortgage assumption, if Seller has received a credit for the escrow account balance, then Seller hereby assigns all right, title and interest ' in said account to Buyer. Seller, Buyer, and 'Borrower are used for singular or plural, as the context so requires or admits. This Agreement is being, provided as an inducement for Closing Agent to serve as the closing agent and for Title Agent and Title Underwriter to issue title insurance oil the subject transaction. Buyer: Indian iv r ounty B y: William K. Def raol, Deputy 'ouruy Attorney (Corporate Seal ) Seller: Tom Winkel Linda Winkel DoubloTlmec Closing Statement Addendum Seller: Tont Winkel and Linda Winkel, husband and svlfe Buyer: Indian River County, a Political Subdivision orate stale of Florida Property: 66th Avenue, Vero !}eacly FL 32963 Closing Agent: Stewart, Evans, Stewart & Enimons, P.A . Closing Date: May 17, 2010 File Number: 13129 TAX RE-PRORATION AGREEMENT: If the most recent property tax bill issued does not cover through the closing date, then the tax prorations set forthOil the settlenieitt statement are based upon an estimate. The basis of proration as set forth on the settlement statement is hereby accepted by the parties to tins transaction. It hereby understood and agreed that the actual taxes, if different, will be adjusted between the parties upon demand. Closing Agent is not liable or responsible for adjustment or re- proration of taxes. Closing Agent is not responsible or liable for additional taxes , other charges or tax refunds, if any, and shall not be liable should any of the parties to this transaction fail or refuse to re-prorate the taxes. AGREEMENT TO COOPERATE: If requested by Lender (if any), Closing Agent, Title Agent or Title Underwriter, the parries agree to fully cooperate and adjust. for ,clerical errors, 'including the execution or re-execution of any reasonable documentation and/or the remittance of any additional sunis . HOMEOWNER'S/CONDO,AMINIUM ASSOCIATIONS : The Buyer(s) ockuowledge(s) the existence of any homeowner's iI and/or condominium association(s) and is aware that monthly, quarterly or annual titaintenpnce assessments ratty. be due to said ossociation(s),. Said association(s) may also have the authority to . regulate and enforce community covenants and restrictions. The Buyer hereby acknowledges receipt of a copy of any association estoppeliettersfor the subject transaction. MISCELLANEOUS: Closing Agent does not make'any representations orwarrantiesnor assumes any liability with respect to the physical condition of tile property, or any repairs to the, property. Buyer has been advised and encouraged to secure hazard insurance'coverage: prior to completion of closing, if a survey was prepared for the subject transaction, then the Buyer hereby acknowledges receipt of a copy, thereof . `fhe buyer has reviewed said survey and accepts title subject to the matters set forth Ihereon. Buyer has received and reviewed the proposed deed mud is satisfied with and approves the manner which title is being held . DISBURSPNIENT AUTHORIZATION , ETC.; Closing Agent docs not adjust or assume liability for charges for water, rents, gas, electricity; taxes oil personal property, garbage taxes or fees, license fees or taxes, service/miriniemnice contracts (pest control, appliance maintenance, pouf care, lawn care, aloin systems, etc.), association assessments or dues, or estoppel information furbished by niorigagees or others. Tile settlenicntatntementhas been reviewed and approved and Closing Agent is irrevocably authorized and directed to complete the closing of Zile transaction and make disbursement in nccordance therewith . In the event of mortgage assumption, if Seller has received a credit for the escrow account balance, then Seller hereby assigns all right, title and interest ' in said account to Buyer. Seller, Buyer, and 'Borrower are used for singular or plural, as the context so requires or admits. This Agreement is being, provided as an inducement for Closing Agent to serve as the closing agent and for Title Agent and Title Underwriter to issue title insurance oil the subject transaction. Buyer: Indian iv r ounty B y: William K. Def raol, Deputy 'ouruy Attorney (Corporate Seal ) Seller: Tom Winkel Linda Winkel DoubloTlmec � n Closing Statement Addendum Seller : Toni Winkel and Linda Winkel, husband and wife Buyer : Indian River County, a Political Subdivision of the State of Florida Property : 66th Avenue, Vero Beach, FL 32963 Closing Agent : Stewart, Evans, Stewart & Emmons, P.A. Closing Date : May 17, 2010 File Number : 13129 TAX RE-PRORATION AGREEMENT: If the most recent property tax bill issued does not cover through the closing date , then the tax prorations set forth on the settlement statement are based upon an estimate . The basis of proration as set forth on the settlement statement is hereby accepted by the parties to this transaction. It is hereby understood and agreed that the actual taxes , if different, will be adjusted between the parties upon demand . Closing Agent is not liable or responsible for adjustment or re-proration of taxes . Closing Agent is not responsible or liable for additional taxes, other charges or tax refunds , if any, and shall not be liable should any of the parties to this transaction fail or refuse to re-prorate the taxes . AGREEMENT TO COOPERATE : If requested by Lender (if any) , Closing Agent, Title Agent or Title Underwriter, the parties agree to fully cooperate and adjust for clerical errors, including the execution or re-execution of any reasonable documentation and/or the remittance of any additional sums . HOMEOWNER' S /CONDOMINIUM ASSOCIATIONS : The Buyer(s) acknowledge(s) the existence of any homeowner's and/or condominium association(s) and is aware that monthly, quarterly or annual maintenance assessments may be due to said association(s) . Said association(s) may also have the authority to regulate and enforce community covenants and restrictions . The Buyer hereby acknowledges receipt of a copy of any association estoppel letters for the subject transaction . MISCELLANEOUS : Closing Agent does not make any representations or warranties nor assumes any liability with respect to the physical condition of the property, or any repairs to the property. Buyer has been advised and encouraged to secure hazard insurance coverage prior to completion of closing. If a survey was prepared for the subject transaction, then the Buyer hereby acknowledges receipt of a copy thereof. The buyer has reviewed said survey and accepts title subject to the matters set forth thereon . Buyer has received and reviewed the proposed deed and is satisfied with and approves the manner which title is being held . DISBURSEIV1ENT AUTHORIZATION, ETC. : Closing Agent does not adjust or assume liability for charges for water, rents , gas, electricity, taxes on personal property, garbage taxes or fees, license fees or taxes, service/maintenance contracts (pest control , appliance maintenance, pool care, lawn care, alarm systems, etc .) , association assessments or dues, or estoppel information furnished by mortgagees or others . The settlement statement has been reviewed and approved and Closing Agent is irrevocably authorized and directed to complete the closing of the transaction and make disbursement in accordance therewith . In the event of mortgage assumption, if Seller has received a credit for the escrow account balance, then Seller hereby assigns all right, title and interest in said account to Buyer. Seller, Buyer, and Borrower are used for singular or plural , as the context so requires or admits . This Agreement is being provided as an inducement for Closing Agent to serve as the closing agent and for Title Agent and Title Underwriter to issue title insurance on the subject transaction . � n Closing Statement Addendum Seller : Toni Winkel and Linda Winkel, husband and wife Buyer : Indian River County, a Political Subdivision of the State of Florida Property : 66th Avenue, Vero Beach, FL 32963 Closing Agent : Stewart, Evans, Stewart & Emmons, P.A. Closing Date : May 17, 2010 File Number : 13129 TAX RE-PRORATION AGREEMENT: If the most recent property tax bill issued does not cover through the closing date , then the tax prorations set forth on the settlement statement are based upon an estimate . The basis of proration as set forth on the settlement statement is hereby accepted by the parties to this transaction. It is hereby understood and agreed that the actual taxes , if different, will be adjusted between the parties upon demand . Closing Agent is not liable or responsible for adjustment or re-proration of taxes . Closing Agent is not responsible or liable for additional taxes, other charges or tax refunds , if any, and shall not be liable should any of the parties to this transaction fail or refuse to re-prorate the taxes . AGREEMENT TO COOPERATE : If requested by Lender (if any) , Closing Agent, Title Agent or Title Underwriter, the parties agree to fully cooperate and adjust for clerical errors, including the execution or re-execution of any reasonable documentation and/or the remittance of any additional sums . HOMEOWNER' S /CONDOMINIUM ASSOCIATIONS : The Buyer(s) acknowledge(s) the existence of any homeowner's and/or condominium association(s) and is aware that monthly, quarterly or annual maintenance assessments may be due to said association(s) . Said association(s) may also have the authority to regulate and enforce community covenants and restrictions . The Buyer hereby acknowledges receipt of a copy of any association estoppel letters for the subject transaction . MISCELLANEOUS : Closing Agent does not make any representations or warranties nor assumes any liability with respect to the physical condition of the property, or any repairs to the property. Buyer has been advised and encouraged to secure hazard insurance coverage prior to completion of closing. If a survey was prepared for the subject transaction, then the Buyer hereby acknowledges receipt of a copy thereof. The buyer has reviewed said survey and accepts title subject to the matters set forth thereon . Buyer has received and reviewed the proposed deed and is satisfied with and approves the manner which title is being held . DISBURSEIV1ENT AUTHORIZATION, ETC. : Closing Agent does not adjust or assume liability for charges for water, rents , gas, electricity, taxes on personal property, garbage taxes or fees, license fees or taxes, service/maintenance contracts (pest control , appliance maintenance, pool care, lawn care, alarm systems, etc .) , association assessments or dues, or estoppel information furnished by mortgagees or others . The settlement statement has been reviewed and approved and Closing Agent is irrevocably authorized and directed to complete the closing of the transaction and make disbursement in accordance therewith . In the event of mortgage assumption, if Seller has received a credit for the escrow account balance, then Seller hereby assigns all right, title and interest in said account to Buyer. Seller, Buyer, and Borrower are used for singular or plural , as the context so requires or admits . This Agreement is being provided as an inducement for Closing Agent to serve as the closing agent and for Title Agent and Title Underwriter to issue title insurance on the subject transaction . HUD -11 U.S. Department of Housing A. Settlement Statement and Urban Development OMB No. 2502.0265 B. Type of Loan Q 1 . FHA O 2. FmHA Q 3. Com, Unens. 6. File Number 7. Loan Number 6. Morig. Ins. Case Num. 4. V.A. Q S. Caw. Ins. 13129 ID: C. NOTE: TNs form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown . Items marked '(p.o.c. )' were paid outside the closing; they are shown here for Informational purposes and are not Included in the totals, D. NAME OF BORROWER: Indian River County, a Political Subdivision of the Slate of Florida Address of Borrower: 1801 2711) Street, Vero Beach, Florida 32960 E . NAME OF SELLER: Tom Winkel and Linda Winkel, husband and wife Address of Seller: 6650 451h Street, Vero Beach, Florida 32967 TIN: F. NAME OF LENDER: Address of Lender: G . PROPERTY LOCATION: Vero Beach, Florida 32963 H. SETTLEMENT AGENT: Stewart, Evans, Stewart B. Emmons, P.A . TIN: 59J280757 Place of Settlement: 3355 Ocean Drive, Vero Beach, Florida 32963 Phone: 772.231 .3500 1, SETTLEMENT DATE: 5/17/10 DISBURSEMENT DATE: 5/17110 ri , rr 101 .. Contract.sales price . 300;000:00 401 . Contract sales price 3o0Ao•00 102. .Personal property -402. Personal proper) 163. Settlement charges to borrower (Line 1400) 45,008.40 403 . 104 . 404. 105. 405., 106- Cit /town taxes 406. City/town lazes 107. Countyloxes 407 County lazes 108. Assessments 406. Assessments 100. 400. 110. 416. 111.. 1411 . 112. .412. M. Gross amount due:from borrower:; 345;808.40 '420. dross amount duetoseller;MM 300,OD0.00 „ 201 . Deposit or earnest mane - 501 . Excess deposit (see Instructions) 202 . Principal amount of new loon(s) 502. Settlement charges to seller (line 1400) 42,00 203. Existing loans taken subject to 503. Existing loan(s) lakemsub ect to 204 . Principal amount of second mortgage. 1504 . Payoff of first mort age ban 205. 1505. Payoff of second mortgage loan 206 506. Deposits hold by seller 207-. Principal amt of mortgage held by seller 1507 . principal amt.ol mortgage held by seller 208. 508 . P09• . 509.. 210.. City/town lazes 510. Clt ltown taxes 211 . County taxes 511 .. County taxes 212 . Assessments 512 . Assessments 213. 513. 214 . 514 . 215. 515: 216. 516. 217 . 517 . 218. 518. 219, 519. 220. Total paid bylfor borrower: 0.00 520: Total reductions In amount due seller: 42AQ it 301 . Gross amounlAue from borrower 345,808.40 601 . Gross amount due to seller 300,000.00 (line 120) (Ilse 420) 302 . Less amount paid byftor the borrower 0,00 602 . Less total reductions in amount due seller (42-00 ) (tine 220) (line 520) 303. Cash ( n From To ) Borrower: 345,808 .40 603. Cash ( Q✓ To F] from ) Seller: 299,958.00 Substitute Form 1099 Seller Statement: The information contained In blocks E , G, H, and Land online 401 Is Important tax information. and Is being furnished to 1ho IRS. If you are required to file a relum, a negligenee.penalty or other sanction will be Imposed on you if this item is requifad to be reported and the IRS determines that it has not been reported. Seller Instructions: If this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence. for any gain, with your lax velum; for other transactions, complete the applicable parts of Form 4797, Form 6262 and/or Schedule D (Form 1040). Borrows Initis � Seller's Initial s� DoubleTimo® HUD -11 U.S. Department of Housing A. Settlement Statement and Urban Development OMB No. 2502.0265 B. Type of Loan Q 1 . FHA O 2. FmHA Q 3. Com, Unens. 6. File Number 7. Loan Number 6. Morig. Ins. Case Num. 4. V.A. Q S. Caw. Ins. 13129 ID: C. NOTE: TNs form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown . Items marked '(p.o.c. )' were paid outside the closing; they are shown here for Informational purposes and are not Included in the totals, D. NAME OF BORROWER: Indian River County, a Political Subdivision of the Slate of Florida Address of Borrower: 1801 2711) Street, Vero Beach, Florida 32960 E . NAME OF SELLER: Tom Winkel and Linda Winkel, husband and wife Address of Seller: 6650 451h Street, Vero Beach, Florida 32967 TIN: F. NAME OF LENDER: Address of Lender: G . PROPERTY LOCATION: Vero Beach, Florida 32963 H. SETTLEMENT AGENT: Stewart, Evans, Stewart B. Emmons, P.A . TIN: 59J280757 Place of Settlement: 3355 Ocean Drive, Vero Beach, Florida 32963 Phone: 772.231 .3500 1, SETTLEMENT DATE: 5/17/10 DISBURSEMENT DATE: 5/17110 ri , rr 101 .. Contract.sales price . 300;000:00 401 . Contract sales price 3o0Ao•00 102. .Personal property -402. Personal proper) 163. Settlement charges to borrower (Line 1400) 45,008.40 403 . 104 . 404. 105. 405., 106- Cit /town taxes 406. City/town lazes 107. Countyloxes 407 County lazes 108. Assessments 406. Assessments 100. 400. 110. 416. 111.. 1411 . 112. .412. M. Gross amount due:from borrower:; 345;808.40 '420. dross amount duetoseller;MM 300,OD0.00 „ 201 . Deposit or earnest mane - 501 . Excess deposit (see Instructions) 202 . Principal amount of new loon(s) 502. Settlement charges to seller (line 1400) 42,00 203. Existing loans taken subject to 503. Existing loan(s) lakemsub ect to 204 . Principal amount of second mortgage. 1504 . Payoff of first mort age ban 205. 1505. Payoff of second mortgage loan 206 506. Deposits hold by seller 207-. Principal amt of mortgage held by seller 1507 . principal amt.ol mortgage held by seller 208. 508 . P09• . 509.. 210.. City/town lazes 510. Clt ltown taxes 211 . County taxes 511 .. County taxes 212 . Assessments 512 . Assessments 213. 513. 214 . 514 . 215. 515: 216. 516. 217 . 517 . 218. 518. 219, 519. 220. Total paid bylfor borrower: 0.00 520: Total reductions In amount due seller: 42AQ it 301 . Gross amounlAue from borrower 345,808.40 601 . Gross amount due to seller 300,000.00 (line 120) (Ilse 420) 302 . Less amount paid byftor the borrower 0,00 602 . Less total reductions in amount due seller (42-00 ) (tine 220) (line 520) 303. Cash ( n From To ) Borrower: 345,808 .40 603. Cash ( Q✓ To F] from ) Seller: 299,958.00 Substitute Form 1099 Seller Statement: The information contained In blocks E , G, H, and Land online 401 Is Important tax information. and Is being furnished to 1ho IRS. If you are required to file a relum, a negligenee.penalty or other sanction will be Imposed on you if this item is requifad to be reported and the IRS determines that it has not been reported. Seller Instructions: If this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence. for any gain, with your lax velum; for other transactions, complete the applicable parts of Form 4797, Form 6262 and/or Schedule D (Form 1040). Borrows Initis � Seller's Initial s� DoubleTimo® �'�iSeltlemenf Charges" ,;# ^x, . . :.; •�. . .� •, . ^ § , * .. . '>''° _ .. .: ,, . . , D«lower POCScOer POC 11 Total Sales/Brokers Com. • . sed on price $3008000.00 . : . 1 1 703. Commission -- 1 -- >800ritems::payAble in"connection.with loin. ,. :; . t..r > a "Baiowrr Poe Seller._P._ )C ' ' . .. . . a 801 . Loan origination fee % to -_ 1112. Loan discount % to -- 803. Appraisal -- 804 . Credit report to -- 805. Lendees Inspection -- 806. Mortgage insurance application fee to 807 . Assumption Fee to -- I' 0 .`IterristequiredbRlenderi rtolbe pi ii&ince. r_ r . a ., ' a °- , % sBoeowerPOC 130SeilerPOCX� . ' 4 •902 . Mortgage 111 . Interest • m to /day insurance premium tor mon ths to -_-_ 903 . Hazard insurance . , 904. Flood Insurance premium for years to 1 1000 .Reservesdapositedwllh;lcinder . t s „� x we 0«raverPOCSeiY r.POC„ " ''.a= 1001 . Hazarde,� 1002. Mortgagea per 1003. City property taxesnL _per month 1004 , Comly property taxes months A �er month 11 er month 1006. Flood Insurance onths R pot month / / 11008. months 1009. Aggregate accounting adjustment X1100.<Tillechetges * , • �r" = ' ; BerrowerPOCSeHerPOC 1101 . Settlement or clo!lng fee. I o 1102. Abstract or search to, Allorneys' Tille Fund Services. LILC title 1103. Title / . Tltle Insurance . I 106. Document preparation to 1106, Notary 1 wart & Mail UMAIJ 1109. Londees coverage (P(omlum): r4 ' - � (includes above Item numbers: tT 11108. Title Insurance 10 Old Republic I Not. T-Itle/Stowart.. Evans (includes above Item numbers : 1 • • : (Premium): $300,000M 11 i t ?00 'Governmenbrecorifinq'nnd lrans(ercharoes. . " • " �e:�' ' • ,�. ` . Y' 'L ` s . Deed 1201 . Recording fees leases 1 . unty tax/stamps • - : • 1 . a - : . 1111 1 . • � . �� --. . . _. - 11 _._ ! :1300. Addition»LselllementcFiarges: . _� " ^ � _• ' `^° a - � ^ {� ° �" ' ' Borrower Poe SeuerPoe1301 . Appraisal 10 bo yle = • " ' - •• F � ' etakei 1302. Engineering Fee to Knight & .Ma ulte Associates; Inc. 111 - : / . • 1 - 1303. Office of Vital StaUstics (jerry Thomas) to Stewart, Evans, Stewart & Emmons, PA. 11 1 -- 1 . 4400.Solal'setllemenlcharges. ; .' 1 . • 1 1 1 • � o �'�iSeltlemenf Charges" ,;# ^x, . . :.; •�. . .� •, . ^ § , * .. . '>''° _ .. .: ,, . . , D«lower POCScOer POC 11 Total Sales/Brokers Com. • . sed on price $3008000.00 . : . 1 1 703. Commission -- 1 -- >800ritems::payAble in"connection.with loin. ,. :; . t..r > a "Baiowrr Poe Seller._P._ )C ' ' . .. . . a 801 . Loan origination fee % to -_ 1112. Loan discount % to -- 803. Appraisal -- 804 . Credit report to -- 805. Lendees Inspection -- 806. Mortgage insurance application fee to 807 . Assumption Fee to -- I' 0 .`IterristequiredbRlenderi rtolbe pi ii&ince. r_ r . a ., ' a °- , % sBoeowerPOC 130SeilerPOCX� . ' 4 •902 . Mortgage 111 . Interest • m to /day insurance premium tor mon ths to -_-_ 903 . Hazard insurance . , 904. Flood Insurance premium for years to 1 1000 .Reservesdapositedwllh;lcinder . t s „� x we 0«raverPOCSeiY r.POC„ " ''.a= 1001 . Hazarde,� 1002. Mortgagea per 1003. City property taxesnL _per month 1004 , Comly property taxes months A �er month 11 er month 1006. Flood Insurance onths R pot month / / 11008. months 1009. Aggregate accounting adjustment X1100.<Tillechetges * , • �r" = ' ; BerrowerPOCSeHerPOC 1101 . Settlement or clo!lng fee. I o 1102. Abstract or search to, Allorneys' Tille Fund Services. LILC title 1103. Title / . Tltle Insurance . I 106. Document preparation to 1106, Notary 1 wart & Mail UMAIJ 1109. Londees coverage (P(omlum): r4 ' - � (includes above Item numbers: tT 11108. Title Insurance 10 Old Republic I Not. T-Itle/Stowart.. Evans (includes above Item numbers : 1 • • : (Premium): $300,000M 11 i t ?00 'Governmenbrecorifinq'nnd lrans(ercharoes. . " • " �e:�' ' • ,�. ` . Y' 'L ` s . Deed 1201 . Recording fees leases 1 . unty tax/stamps • - : • 1 . a - : . 1111 1 . • � . �� --. . . _. - 11 _._ ! :1300. Addition»LselllementcFiarges: . _� " ^ � _• ' `^° a - � ^ {� ° �" ' ' Borrower Poe SeuerPoe1301 . Appraisal 10 bo yle = • " ' - •• F � ' etakei 1302. Engineering Fee to Knight & .Ma ulte Associates; Inc. 111 - : / . • 1 - 1303. Office of Vital StaUstics (jerry Thomas) to Stewart, Evans, Stewart & Emmons, PA. 11 1 -- 1 . 4400.Solal'setllemenlcharges. ; .' 1 . • 1 1 1 • � o 6. File Number 7 . Loan Number 13129 • - • - • - • 000000 z • • . • • • / 1 b a '. ' . _. i ..,aq a ry ' section tt:; . x' 1*` _ r4 eq A r K Summa of sellers transaction _ • ;ate R e J Summa +of�borrower, stran 1.'700. Gross amount due from tiorrower.� ; i� � a 400i,GIII amount due,to•seller: c 101 . Contractprice 401 . Contractprice 11 / 1 / 11 102 . Personal property 41 • property -103 . Settlement chargesto • • • 4 / 1 : / • • 1 • 1 / _ / " " _T„ ., g _ " Ad'u`stlrents for„ tems.paid tiyseller`In advance ' ' ® Adjustments.for;items paid byseller`in advance. `' 1 106 . City/town taxes 406 . City/town taxes 17 . County taxes 407 . / : — ' / : Assessments — 1 Gross amountdue from • • • : / : • 1420 . Gross amountdue to / 111111 200.tAmounts,peid onlin belialf'of borrower •. n;500 Reductionsiin amount due to-seller. . i 201 . Deposit or earnest money -501 -. -Excess-deposit (see instructions ) 202. Principal amount of new loan (s ) 203 E A sting . . n (s ) taken subject to 503 . . . . n(s ) taken subject to 204 . - 1 • Principal • of second mortgage 504 . Payoff of first mortgage . . 5o5 . Payoff of second mortgage loan 506 . Deposits held by seller 207 . Principal amt of mortgage held by seller 507 . Principal amt of mortgage held by seller . . gQ ¢ . Adjys..tm, .en. ..ts. . or items unmpai' , AdjustmentsforoitenWimpai&by seller: dbjseler: 1 . su , 510 . City/town taxes 211 . County taxes 511 . County taxes 212 . Assessments ' 512. Assessments CA 1 Total . . • by/for borrower : 1 1 1 1 • • • • 11 :.300. Cash at'settlemeritifromlto borrower. k ,` a ` ,ex p... .. , _ 600:"Cash'at settlement to/from seller: ,� °t : :' , . ., , wm 5a gaf 6. File Number 7 . Loan Number 13129 • - • - • - • 000000 z • • . • • • / 1 b a '. ' . _. i ..,aq a ry ' section tt:; . x' 1*` _ r4 eq A r K Summa of sellers transaction _ • ;ate R e J Summa +of�borrower, stran 1.'700. Gross amount due from tiorrower.� ; i� � a 400i,GIII amount due,to•seller: c 101 . Contractprice 401 . Contractprice 11 / 1 / 11 102 . Personal property 41 • property -103 . Settlement chargesto • • • 4 / 1 : / • • 1 • 1 / _ / " " _T„ ., g _ " Ad'u`stlrents for„ tems.paid tiyseller`In advance ' ' ® Adjustments.for;items paid byseller`in advance. `' 1 106 . City/town taxes 406 . City/town taxes 17 . County taxes 407 . / : — ' / : Assessments — 1 Gross amountdue from • • • : / : • 1420 . Gross amountdue to / 111111 200.tAmounts,peid onlin belialf'of borrower •. n;500 Reductionsiin amount due to-seller. . i 201 . Deposit or earnest money -501 -. -Excess-deposit (see instructions ) 202. Principal amount of new loan (s ) 203 E A sting . . n (s ) taken subject to 503 . . . . n(s ) taken subject to 204 . - 1 • Principal • of second mortgage 504 . Payoff of first mortgage . . 5o5 . Payoff of second mortgage loan 506 . Deposits held by seller 207 . Principal amt of mortgage held by seller 507 . Principal amt of mortgage held by seller . . gQ ¢ . Adjys..tm, .en. ..ts. . or items unmpai' , AdjustmentsforoitenWimpai&by seller: dbjseler: 1 . su , 510 . City/town taxes 211 . County taxes 511 . County taxes 212 . Assessments ' 512. Assessments CA 1 Total . . • by/for borrower : 1 1 1 1 • • • • 11 :.300. Cash at'settlemeritifromlto borrower. k ,` a ` ,ex p... .. , _ 600:"Cash'at settlement to/from seller: ,� °t : :' , . ., , wm 5a gaf -' -- -L r " ; Borrower PQrCSellePOC • ISett �n .hgta 700 . Total Sales/Brokers Com . based on price $ 300 , 000 .00 @ % Borrower's Seller's Funds at Funds at 1 702 . % to 703 . Commission • . • at settlement -- 704 . to - - - -- _ d��, - - >- -- ,. : �. / # : ': a n ,,,? . ' , 4 .m1¢�;F7t .; .rhu-gT;'.�'B . j. s.e .,' ,_ � BorrowerPOCSeIIerPOC, Qa.; . s ,. " : 800 Ite hs'payable 'in connection with loan: . , _ 801 . Loan origination fee OYO to 1802 . Loan discount OYO to : 1Appraisal 804 . Credit report to : e to ' 806 . Mortgage insurance application fee to 807 . Assumption Fee to �_900.altems:,requlredabV lender to.be4p_Wd in'advance. j a > • a ;: : � .._�A . a ;� 1 � �a.� tr. _ Y ° '.Borrower POCSeiler,POC ', ,w m o a 901 . Interest from to (ED. /day 91 . • - • - insurance premium for . • -- 91 - . insurance . - • r vears to -- 914Flood insurance premium . to 905 . o - . -- _.. j 1000:�Reserves;deposited with;lentler. ; " e . � , v r' y�. r � ".. s M • BorrowerP,oCSeller POC • as _ � I / Hazard insurance months . per • -- ' 1002 . Mortgage . • per • -- 1003 . City . . . . - months . . - • -- 114property- • . per month -- 1005 . Annual assessments months . per month -- / 1 . Flood insurance months . per . -- 1007 . months . per month -- 1008 . months per month 1009 . Aggregate accounting adjustment Borrower,P,OCSeIIerPOC , w'z -.1`100. �Trtle°cha�Aes. : 1 or • • fee to -- 1 Abstract or • Attorneys' - Fund LLC Services , / / / - 1103 . Title examinationto -- 1 • binder to -- 1105 , Document preparation to • . Notary fees to (includes above item num • :IIIIIIII --- 1108 . Title Insurance to Old Republic Nat. Title/Stewart , Evans ( includes above item numbers : 1109 . Lender's coverage ( Premium ) : / coverage - $300 , 000 . 00 11 m 0` fM 1111 . Endorse : -- 1112 . • -- 777:777"7 '- r- � , WI .. ."l 1201 . Recording fees Deed $ 27 . 00 Mortgage (s ) Releases ®® ° 1200:Government"recording and ,tr e '.charges:4 $ 10 . 00 1 • unty tax/stamps D - : • Mortgage ( s 1203 . State tax/stamps Deed 1204 . Record Continuous Marriage Affidavit to Clerk of the Circuit Court / 11 1205 . Record Death Certificate (Jerry Thomas ) to Clerk of the Circuit Court - .., IA130Oc�Additional settlement charges , "e r � r r a � ° e Borower POC Seller POC 1301 . Appraisal to & Drake 1302 . Engineering Fee to it & Maguire Associates , Inc . 1303 . Office of Vital Statistics (Jerry Thomas ) to A , Evans , Stewart & Emmons , P .A . 1 • to 1305 . to -_- 1 . to 1307 . to -- 1 : -- 1 • -- - - - -- . . q i1400 ", Total settlement charges MraTaLMUMI / . . / . . / . • 1 11 -' -- -L r " ; Borrower PQrCSellePOC • ISett �n .hgta 700 . Total Sales/Brokers Com . based on price $ 300 , 000 .00 @ % Borrower's Seller's Funds at Funds at 1 702 . % to 703 . Commission • . • at settlement -- 704 . to - - - -- _ d��, - - >- -- ,. : �. / # : ': a n ,,,? . ' , 4 .m1¢�;F7t .; .rhu-gT;'.�'B . j. s.e .,' ,_ � BorrowerPOCSeIIerPOC, Qa.; . s ,. " : 800 Ite hs'payable 'in connection with loan: . , _ 801 . Loan origination fee OYO to 1802 . Loan discount OYO to : 1Appraisal 804 . Credit report to : e to ' 806 . Mortgage insurance application fee to 807 . Assumption Fee to �_900.altems:,requlredabV lender to.be4p_Wd in'advance. j a > • a ;: : � .._�A . a ;� 1 � �a.� tr. _ Y ° '.Borrower POCSeiler,POC ', ,w m o a 901 . Interest from to (ED. /day 91 . • - • - insurance premium for . • -- 91 - . insurance . - • r vears to -- 914Flood insurance premium . to 905 . o - . -- _.. j 1000:�Reserves;deposited with;lentler. ; " e . � , v r' y�. r � ".. s M • BorrowerP,oCSeller POC • as _ � I / Hazard insurance months . per • -- ' 1002 . Mortgage . • per • -- 1003 . City . . . . - months . . - • -- 114property- • . per month -- 1005 . Annual assessments months . per month -- / 1 . Flood insurance months . per . -- 1007 . months . per month -- 1008 . months per month 1009 . Aggregate accounting adjustment Borrower,P,OCSeIIerPOC , w'z -.1`100. �Trtle°cha�Aes. : 1 or • • fee to -- 1 Abstract or • Attorneys' - Fund LLC Services , / / / - 1103 . Title examinationto -- 1 • binder to -- 1105 , Document preparation to • . Notary fees to (includes above item num • :IIIIIIII --- 1108 . Title Insurance to Old Republic Nat. Title/Stewart , Evans ( includes above item numbers : 1109 . Lender's coverage ( Premium ) : / coverage - $300 , 000 . 00 11 m 0` fM 1111 . Endorse : -- 1112 . • -- 777:777"7 '- r- � , WI .. ."l 1201 . Recording fees Deed $ 27 . 00 Mortgage (s ) Releases ®® ° 1200:Government"recording and ,tr e '.charges:4 $ 10 . 00 1 • unty tax/stamps D - : • Mortgage ( s 1203 . State tax/stamps Deed 1204 . Record Continuous Marriage Affidavit to Clerk of the Circuit Court / 11 1205 . Record Death Certificate (Jerry Thomas ) to Clerk of the Circuit Court - .., IA130Oc�Additional settlement charges , "e r � r r a � ° e Borower POC Seller POC 1301 . Appraisal to & Drake 1302 . Engineering Fee to it & Maguire Associates , Inc . 1303 . Office of Vital Statistics (Jerry Thomas ) to A , Evans , Stewart & Emmons , P .A . 1 • to 1305 . to -_- 1 . to 1307 . to -- 1 : -- 1 • -- - - - -- . . q i1400 ", Total settlement charges MraTaLMUMI / . . / . . / . • 1 11 0 3 . A . t3 f Z. Qo / L -- 1141 AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND TOM AND LINDA WINKEL THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 4th day of May , 20101 by and between Indian River County, a political subdivision of the State of Florida ("the County") , and TOM AND LINDA WINKEL (" Seller") , who agree as follows : WHEREAS , Seller owns a 5 t acre parcel of property located at the intersection of 66th Avenue and 45th Street in the unincorporated section of Indian River County , Florida ; and WHEREAS , the County , is scheduled to expand 66th Avenue and 45TH Street in the near future and the road expansion will impact and affect the Seller's property; and WHEREAS , in order for the County to proceed with its road expansion plans , the County needs to purchase property to be used as right-of-way from landowners adjacent to 66th Avenue and 45th Street ; and WHEREAS , the County has contacted Seller and has offered to purchase a 1 . 1 acre parcel of property from Tom and Linda Winkel to be used as right-of-way as depicted on Exhibit "A" (the " Property") ; and WHEREAS , Tom and Linda Winkel are represented by Ralph L . Evans of the law firm of Stewart , Evans , Stewart & Emmons , P .A . , 3355 Ocean Drive , Vero Beach , Florida 32963 ; and WHEREAS , the County is prepared to take the Property by using its power of eminent domain ; and WHEREAS , Seller and the County wish to avoid the risk, time and expense of litigation by entering into this Agreement for sale and purchase of the Property; WHEREAS , Seller is willing to sell to the County the fee simple interest in the 1 . 1 acres , and NOW, THEREFORE , in consideration of the mutual terms , conditions , promises , covenants and premises hereinafter, the County and Seller agree as follows : 1 . Recitals . The above recitals are affirmed as being true and correct and are incorporated herein 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at the intersection of 66th Avenue and 45th Street, Vero Beach , Florida , and more specifically described in the sketch and legal description attached as Exhibit "A" , containing approximately 1 . 1 acres , and all improvements 1