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HomeMy WebLinkAbout2012-119 ap - 4i.2 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (the "Agreement") is entered into as of the day of , 2012 , by and between Indian River County , a political subdivision of the Stat of Florida , whose address is 1801 27th Street, Vero Beach , FL 32960 (the " County") , and Vista Plantation Association , Inc . , a Florida non -profit corporation , whose address is 49 Plantation Drive , Vero Beach , FL 32966 (the "Association ") . The Association and County may be hereinafter referred to , collectively , as the " Parties" . RECITALS WHEREAS , Vista Plantation condominium is a 47 building , 564 unit , condominium development located in and around the northwest corner of State Road 60 and 66th Avenue ; and WHEREAS , the Association and its unit owners are subject to that certain Declaration of Condominium of Vista Plantation , and the exhibits attached thereto , as recorded in the Public Records of Indian River County in O . R . Book 699 , P . 1817 , as amended from time to time (the " Declaration ") ; and WHEREAS , the Association is governed by the Association ' s Board of Dirlactors ; and WHEREAS , Association owns approximately 48 % of a lake system used in part for drainage , drainage detention , and surface water run off (the " Interest") located within the Vista Plantation condominium project, as depicted in Exhibit "A" to the Declaration , incorporated by reference herein , and for illustrative purposes , as shown on the aerial photo , attached as Exhibit "A" hereto (the "Association Owned Lake System ") ; and WHEREAS , County is undertaking a road expansion project consisting of the widening of 66th Avenue north of State Road 60 , for which County needs a stormwater detention facility on the west side of 66th Avenue , between State Road 60 and 26th Street ("66th Avenue Expansion Project") ; and WHEREAS , the County used its powers of eminent domain to acquire certain interests in real property necessary to accomplish the 66th Avenue Expansion Project, but did not include the Association as a Party defendant (a/k/a the " condemnee") to such actions ; and WHEREAS , the Association asserts that the County must acquire certain property interests under the control and ownership of the Association and , therefore asserted , as a result of this settlement did not have to file an inverse eminent domain action against the County; and WHEREAS , but for this Agreement , the County would need to acquire , through l exercise of its eminent domain power , certain real property owned by the Association , including a portion of the Association Owned Lake System ; and 1 WHEREAS , the County maintains that the Association has available capacity in its interest of the Association Owned Lake System to treat, retain and store stormwater runoff from 66th Avenue in :its expanded condition and that its intended use will not cause any violations of that certain St. Johns Water Management District Environmental 0. Resource Permit Application No . 4-0610087006-5 (the "Permit") ; and WHEREAS , for the consideration and terms as set forth herein , the Association shall convey a non-exclusive easement to the County to use the Association Owned Lake System for stormwater drainage , treatment and detention purposes related to the 66t Avenue Expansion Project subject to the Permit and all conditions thereof; and WHEREAS , the County requires an additional parcel of real property owned by the Association according to its :Declaration for the County' s 66th Avenue. Expansion Project and the Association is willing to convey such real property to the County as a result of the County's eminent domain powers and as further set forth herein ; and WHEREAS , the Parties agree that this settlement Agreement results from the good faith efforts of the Parties who , but for this Agreement, would be subjected to protracted and costly eminent domain legal proceedings ; and WHEREAS, the County fully intends on constructing the 66th Avenue Expansion Project which includes the exercise of the County"s eminent domain powers to acquire such property rights and interests from the Association as further set forth herein and , but for this Agreement, would file an eminent domain lawsuit against the Association in. furtherance thereof;_ or in the altemative, the Association would file an inverse eminent domain lawsuit against the County for failing to compensate the Association, for the taking of certain interests in real property owned by the Association, without compensation ; and WHEREAS, each Party agrees that this settlement Agreement is in the best interest of the County and the Association , respectively. NOW THEREFORE, in consideration of the mutual undertakings herein , and other good and valuable consideration , the receipt and adequacy of which is hereby acknowledged , the Parties agree , as follows: TERMS Preface The above recitals are true and correct and are incorporated by this reference herein . 1 . Agreement to Purchase and Sell and Grant. The Association hereby agrees to convey to the County its real property interests in the real property described herein , and the County hereby agrees to compensate the Association , in accordance with the terms and conditions set forth in this Agreement, 2 i J 1 . 1 in fee simple , the parcel of real property located along 66th Avenue between State Road 60 and 261 Street, Indian River County , and which is more specifically described in Exhibit "B" attached hereto and incorporated herein by- this ythis reference herein containing 2 ,995 square feet or 0 . 069 acres and shall, be used as right-of--way for the County's 6e Avenue Improvement. Project (" Parcel 127'x , and 1 . 2 by perpetual , non-exclusive easement, for stormwater drainage, treatment and detention over the Association Owned Lake System containing approximately 16 .41 acres located at approximately the center of Association's portion. of the lakes to the shoreline closest to the condominium buildings , for the County's 66th Avenue Improvement Project which represents the Association's approximate Interest in the Association Owned Lake System (the "Drainage Easement") . The Drainage Easement shall only be for such uses as allowed by the Permit, pursuant to the Non-Exclusive Easement Agreement attached as Exhibit "C" hereto ; and 1 . 3 by perpetual, non-exclusive easement, for stormwater drainage , treatment and detention over Parcel 127A as also described and depicted in Exhibit "C" attached hereto and incorporated herein containing approximately 0 . 02 acres located at the entrance to Vista Plantation off of 66M Avenue for the County's 66th Avenue improvement project (the " 127A Easement') . Collectively, i) Parcel 127 , ii) the Drainage Easement,. and ill ) the 127A Easement may hereinafter be jointly and collectively referred to as the "Property" . Collectively , i) the Drainage Easement and ii) the 127A Easement may be jointly and collectively referred to as the "Easements". 2 . Purchase Price: Effective Date . The Country shall pay the Association ONE HUNDRED NINETY-FIVE THOUSAND SEMEN HUNDRED FIFTY AND 77/100 dollars ($ 195 , 750 . 77) for the Property (the " Purchase Price") . The Purchase Price shall be paid on the "Closing Date" (as such term is hereinafter defined) . The Purchase Price is inclusive of all expert witness fees, costs and attomey's fees incurred by the Association . The Effective Date of this Agreement shall be the latter of the date upon which the County shall have approved the execution. of this Agreement, by the Indian River County Board of County Commissioners, at a formal meeting of such Board , or the date upon which this Agreement is approved by the Association's Board of Directors.. 3 . Property Conveyances. 3 _ -I I 3 . 1 Title to Parcel 1.27. The Association shall convey title to Parcel 127 by special warranty deed and shall, at request of the County; work with the County to ensure such property is free of any claims and/or liens . 3 . 2 Title to Association Owned Lake System . The Association shall convey a perpetual non-exclusive easement for drainage, treatment and detention over the Association Owned Lake System for the County's 66th Avenue Improvement Project for such uses as set forth in the Permit and upon such terms and conditions as further described in the " Easement. Agreements (as hereinafter defined) attached as Exhibit "C"hereto and incorporated herein by this reference (the " Easement Agreement") .. 3 . 3 Title to Parcel 127A. The Association shall convey a perpetual non- exclusive easement for drainage , treatment and detention over Parcel 127A for the County's 66th Avenue 'improvement for such uses as set forth in the Permit and upon such terms and conditions as further described in the Easement Agreement. 4 :0 Reserved . 5 . Representations of the Association . 5 . 1 To the best belief of the, Association, the Association is the owner of its interests in, and has good right,. title and authority to convey and transfer its interests in the Property to the County . 5. 2 From and after the Effective Date of this Agreement, Association 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. 5 . 3 The Parties acknowledge that County has a pending application for a permit from St. John 's River Water Management District (" District") for its 66th Avenue Expansion Project and that the Association has threatened to file a petition with the District in opposition to issuance of the permit. Upon the occurrence of the Closing Date and the payment and clearing of the Purchase Price by the Association ' s financial institution , the Association (a) waives any actions or omissions which amount to an objection or opposition to the issuance of the: Permit and modifications. thereto, (b) promptly upon request by County or District provide written confirmation or other reasonable information required by District indicating that County has legal authority, by reason of the Easement, to use the Association Owned Lake System for stormwater drainage, treatment and detention purposes related to 66th Avenue , as expanded by the 66th Avenue Expansion Project, and (c) not act to prevent the County's efforts to obtain the permit. Without limitation , the Association shall execute and deliver to District, or 4 deliver to County for delivery to District, the .confirmation attached hereto as Exhibit " D" (the "Confirmation"). 5.4 The County shall have such maintenance :and repair obligations as set forth in the Easement Agreement. 6. County Obligations 6 . 1 Except for periods of concrete and asphalt curing , the Association shall have access to egress along 66th Avenue during the construction phase of its road widening project: and , thereafter, ingress and egress. 6 . 2 The County, at its sole cost and expense , shall relocate the Association's light pole and equipment located within any Easement Areas to a location agreed upon by the Parties , which said location shall provide similar benefit. 6 . 3 The County shall install outfall protection (screens and scrubbers) to act as ,catchbasins to collect contaminates and other debris, to minimize the intrusion of such particulates from entering the Association Owned Lake System. 614 Currently there is approximately 600 linear feet of Brazilian Pepper in County owned right-of-way along 66th Avenue adjacent to Vista Plantation : The Pepper acts as a partial screen from 66th Avenue but it will be eliminated by the 66th Avenue Improvement Project . The County shall permit the installation of eucalyptus trees , or such similar landscaping approved in advance by the County along, 66t Avenue from 26th Street to State Road 60 on County owned rights-of-war so as to provide a replacement landscape buffer/screen for the Association's unit owners. In addition to the Purchase Price , and not as a part thereof, the County shall contribute up to $2 , 500. 00 towards the purchase and installation of the landscaping , The County shall be responsible for the installation and initial watering of the landscaping . The Association shall have the right to choose the size of the to be planted landscaping , be It I gallon , 3 gallon or other so that the Association- can purchase plants that may be of a different size so as to allow them , to grow over time to form a buffer/screen. In the event that Association determines that $2 , 500 . 00 is not sufficient to re-create the landscape buffer/screen; the County, shall provide to the Association the right to contribute such r additional funds necessary to purchase, installation , and initial watering of landscaping . 7 . Closing . 7 . 1 The closing of the transaction contemplated herein (the "Closing" and "Closing Date") shall take place within 30 days following the Effective Date of this Agreement where upon the Purchase Price shall be promptly delivered by the County to the Association . The Parties agree that . the Closing shall take place as follows : 5 I t (a) The Association shall execute and deliver to the County the special warranty deed to Parcel 127, the form of which is attached as Exhibit " E" hereto, and the Parties shall executeand deliver' to one another their respective executed Easement Agreement. (b) The Association shall have removed all of its personal property and equipment from Parcel 127 and the Association shall deliver possession of Parcel 127 to the County in the same , or better, condition than existed at the Effective Date hereof, reasonable wear and tear excepted . (c) The Association shall deliver to the County an affidavit, in form acceptable to the County, certifying that the Association is not a non-resident alien or foreign entity, such that the Association and such interest holders are not subject to tax under the Foreign Investment, and Real Property Tax Act of 1980 . (d) The Association and the County shall each deliver to the other such other documents or instruments as may reasonably be. required for the Closing of this transaction, including any reasonably requested corrective documents . 8 . Prorations. 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 Association . If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31 , Association shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of such taxes established by the taxing authority having jurisdiction over the Property: if the Closing Date occurs between January 1 and November 1 , the Association shall, in accordance with Florida Statutes Section 196 . 295 , deposit into escrow with the , Tax, Collector, an amount equal to the current real estate taxes and assessments , prorated to the Closing Date. 9 . Miscellaneous, 9 . 1 Gontrollina 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 . 9 . 2 Conveyance in Lieu of Eminent Domain . It is understood by the Parties that this Agreement is entered into by Association under the threat of, and in lieu of a condemnation lawsuit that, but for this Agreement, would be broughtby the County to acgpire the Property. 6 9 . 3 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 Association 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 .. 9 . 4 Assignment and Binding Effect. Neither County nor Association 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 . 9 . 5 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 Association : Vista Plantation Association , Inc. 49 Plantation Drive Vero Beach , FL 32966 Attn ; Manager and President If to County: Indian River County 180127" 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 . 9 .6 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. 9 . 7 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; except where Florida law provides for prevailing party attorney fees in which case the latter shall control . 9 . 8 .. Counterparts. This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . Each. Party shall deliver 2 fully executed originals to the other Party. 7 9 . 9 . Approval Required, This Agreement is subject , to approval by the Indian River County Board of County Commissioners . and the Association , by and through its Board of Directors. 9 . 10. Beneficial Interest Disclosure , Since the Association is a corporation , it shall provide a fully completed , executed , and sworn. beneficial Interest disclosure statement in the form attached to this Agreement as Exhibit " F" hereto 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 Association is a non-public entity, that Association is not required to disclose persons or entities holding less: than five (5%) percent of the beneficial interest in Association . 9 . 11 Preparation of Agreement. Notwithstanding the fact that this Agreement may have been drafted by counsel to one Party, each of the Parties hereto acknowledge and agree that each Party had sufficient input in its drafting so that this Agreement represents the fully negotiated and fair agreement of the Parties. Accordingly, any subsequent interpretation of this Agreement shall not be read to favor one Party or the other solely because the Agreement was drafted by the counsel. for one of the Parties. 9. 12 Electronic Reproduction . An electronic reproduction of any original signature(s) on a part or counterpart(s) of this: Agreement are hereby authorized and shall be acknowledged as if such electronic reproduction of any original; signature(s) were an .original execution. 9 . 13 Official Record Book and Page. No part of this Agreement shall be void due to an 'incorrect reference to an Official Record Book. number or Page number. Rather, the Agreement shall be interpreted as if the correct Official Record Book number and Page number were provided . If a document is referenced in this Agreement for which an Official Record Book number and. Page number exist, but were not provided for herein , this Agreement shall be interpreted as if the Official Record Book number and Page number were set forth herein .. 9 . 14 Gender. Wherever the context shall so require , all words herein in the masculine gender shall be deemed to include the feminine or neuter gender, all words herein in the feminine gender shall be deemed to include the masculine or neuter gender, all words herein in the neuter gender shall be deemed to include the masculine or feminine gender, all singular words shall include the plural , and all plural words shall include the singular.. 9 . 15 Severability, The Parties to this Agreement hereby agree and affirm that. 8 none of the above provisions are dependent upon the validity of any other provisions, and if any part of' this Agreement is deemed to be unenforceable , the balance: of the Agreement shall remain in full force and effect; provided that the essential' purposes of this . Agreement are in, of being fulfilled in the absence of such invalid provisions . SIGNATURE PAGES AND EXHIBITS FOLLOW 9 i i IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA auwnanoope By: Ga . Wheeler, Chairman ♦ :'y e � a ` e • e° ♦ a ♦ �tea '''• `voo'ATTEST : J . K. Barton , Clerk pWUpd1.OW By . Depu Jerk Approved as to form and Indian River County Administrator ilegallffy : By : lA an S . Poackwich , Sr. County Attorney 10 'I WITNESSES. VISTA PLANTATION ASSOCIATION, INC. 10�t • By: Witness signature FlWnk Yeager, Preside Printed name: F a ► S Witness. signature Printed name: bra (4 I r�5 STATE OF FLORIDA ) SSE _COUNTY OF INDIAN RIVER ) The foregoing instrument was acknowledged before me this S'. G day of 2012 , by Frank Yeager, as President of the Vista Plantation Association , Inc . who is personally known. to me or produced a .4a , ylfao 4_ as identification and did not. take an oath . Notary Public, Sto4f Florida 1.__ e e Print Name of N4Wry Public ��8����1" CAP j \� ... . . . . . . FBF ycA�Mh S2 ate;:L J � �r : z * . • • � • � : * � vat �. #EE 041524 oc1 sy •. : Q � ItliIST 11 i - d 0 � //��yy ..�"`Y `F ,hCu king: � 6'S? 1• "� J <, A r - - - - - -Q O . N - - - - - - - - - - -- -- - - - - - � 0 CO CL ixul Nlj a ft •iV x V � �� ��i ,. '�£ �`cs SSS • , r ', WOW - . I I — J i i EXHIBIT KAP Depiction of the Association Owned Lake System Page 2' of 2. 1 a , — IN IN INN Sk �lti kw £ FeeI ee T. t ' q° P Y ,Sv 0.4. m � INN, , 1 xt k n. f M � � j NIP NU In se IN r I v 1i I z a x p Nee IN y; �Vi III t s i DwrwwliYl I'hnwelsl�Tnw► n � 'pw�+�a�ivAilawmn- I i I 1.3 i : a � r � a r �< a . • i ' L 7 - 35itii=l w sic Orr Lk i - A ! - f . . • ! - - It , � , -) i7 ' � -� , . ti i • 1 . 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FL 32956 .x ORS. 700, IG. te5.3 STk 142+eM OFF: 13635 t DOF .3646 i F 43NOW52#04� Goh AREA a P.O,B0 ( 30.00` PID - 33oeov0o5ooa0000 ' ,� o.R33. 70% PC. 1553 m NIANW R.FAFMCMFIfATOFtANDS C4PA Is Pe 25 l; fmw Pt JLL IEBDS SM 60.00'PAGE R/�YV� � S I A dow FLAT BOOK m" t� cA "" PID FARCL WDEI�nBIC IM I O:R.B. 1101 P6. 4810 UNIONISM NUMBER CORE= IN. AND mmeamwila AY I OAA 1105, PG. 1173 S ' 45ut ST, tum tAtAdl'll cw Paost e.oW coutM R 10.R.a. 720, PC% 1522 m rA Pla: t52z i 20 s1REETJPRW) ABtva) I wx Pj . 36P * Mcmls NOWN WN mm 15 i EXHIBIT uc" Non-Exclusive Easement Agreement for Parcel 127A and the Association Owned Lake System with Exhibits "AA ", "A4', and "A-3" i ` i I 16 q'M A. Settlement Statement Prepared by: Atlantic Coastal Land Title Company, LLC 3850 20th Street, Suite 4, Vero Beach, Florida 32960 B. Type of Loan 6. Pile Number 7. Loan Number g. Mortgage Inaumnce Caae No. 1 . ❑ FHA 2. ❑ FmHA 3 . ❑ Conv. Unins. 4, ❑ VA 5 . ❑ Conv. Ins. 42079258 C. Note: This 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. NAMHA"DADDRPSSDPaUYR: Indian River County, a political subdivision of the State of Florida 180127' St., Vero Beach, FL 32966 eN � "NDADOROFS°'n Vista Plantation Association, Inc. 49 Plantation Drive, Vero Beach, FL 32966 P. NAME ADDRMS LPNDPA None Parcel 127 and 127A, Vista Plantation, 66'b Avenue (West), North of 20b St. J. ShTDEA4TITDATK K SEMEW JTA�: Atlantic Coastal Land Title Company, LLC PJ. a W SLMLP T; 3850 20th Street, Suite 4, Vero Beach, Florida 32960 October 1 2012 J SUMMAR]Y�OF>B. , ER S TRANSA , u ^ N „ ` r,. ...a R :._ ; SLi1vIMAR , QF SBLL ER'S TRANSAC f10N_ 100, GROSS AN I ( ) ( IN I' D 141, FIMIN I B t ) YE, It : 400, GROSS t� NIOIJNTDIJETO SELLER : 101 . Contract Sales Price $ 195 ,750.77 401 . Contract Sales Price $ 195,750.77 102. Landscaping purchase/replacement $ 2,500.00 402. Landscaping purchase/replacement $ 29500,00 103. Settlement charges to BUYER: $ 1 ,504.40 403. 104, 404• 105. 405: AI>JUSTMENTS,,FpR PIEMS:PAID BY,SEI LER IN' 1DVANCE ADJUSTivls NlS POR,ITEMS PAID Sir SELLER TN,ADVANCE. , 107 . County Taxes Closing Date to 12/31 $ 0.00 407. County Taxes Closing Date to 12/31 $ __ . 0.00 108. Assessments to 408. Assessments to -_ _- 109, 409. - - ---- - _ 110, 410, 111 . 41 L 112, 412. 120. GROSS DUE FM BUYER: $ 199,755.17 420. GROSS DUE TO SELLER: $ 198,250.77 ft 201 . Deposit or earnest money 501 . Excess deposit (see instructions) 202. Principal amt of new loan $ 0.00 502. Settlement Charges to seller $ 0.00 203. Existing loans taken subject to 503. Existing loans taken subject to 204, _ 504. Payoff of first mortgage loan _ 205. 505. Payoff of second mortgage loan 206, 506, 2070 507, 208. 508, 2090 dME1509. ADJUSTMENO'S�FOR ITEMS UNPAID BYSELLER ,; '. ,_ 'AI)JU,S.TIYII�NTS FOR ITF.MS4UNPAID BY SELLFjR .. - =e`' ` 211 . County Taxes 1/1 - Closing Date $ 0.00 511 . County taxes 1 /1 - Closing Date $ _ 0,00 212. Assessments to 512. Assessments to 213, 513 . 214, _ 5_14, 215 . - - 515. -_ ----- -� - 216, -- 516, - --- 217, 517 . -- 218. 518, 219. 519. _ 220. TOTAL PAID BY/FOR BUYER: $ 000 AM TOTAL REDUCTIONS 1N $ 000 AMOUNT DUE TO SELLER: 301 . Gross amt due from BUYER $ 199,755 . 17 601 . Gross amt due to seller $ 198,250.77 302. Less amt paid by/for BUYER $ 0.00 602. Less reductions in amt due seller $ 0,00 303. CASH FROM BUYER: $ 199,755.17 603, CASH TO SELLER: Menomonee $ 198,250.77 HUD- 1 (3-86) RESPA, HB 4305 .2 " L. SETTLEMENT CHARGES 700, TOTAL SALES/BROKER'S COMMISSION: $, BASED ON PRICE OF $ 195 ,750.00, PAID FROM PAID FROM @ % = $ BUYERS SELLER'S DIVISION 0141 COMMISSION tLine 700 ) AS FOLLOWS : FUNDS AT FUNDS AT 701 . $ to SETTLEMENT SETTLEMENT 702. $ to 703. Commission paid at settlement � aivm 801 . Loan Origination fee--% to 802. Loan Discount % to 803. Appraisal Fee to: 804. Credit Report to: 805. Lender's Inspection fee to: 806. Mortgage Insurance application fee to: 807. Assumption fee to: 808. 809. 810. 811 , 901 . Interest from to @ $ /day 902. Mortgage insurance premium for mos to 903. Hazard insurance premium for yrs to 904. Flood insurance premium for yrs to 905. low 1001 . Hazard insurance months @ $ per month 1002. Mortgage insurance months @ $ per month 1004. County property taxes months @ $ per month 1006. Flood insurance months @ $ per month 1007. Aggregate Adjustment Amount 1101 . Settlement or closing fee to Atlantic Coastal Land Title Company, LLC $ 150.00 $ 0.00 1102. Abstract or title search to Westcor Land Title Insurance Company $ 85 .00 $ 0.00 1103. Title Examination to Atlantic Coastal Land Title Company, LLC $ 0.00 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107 . Attorney's fees to _ 1108. Title insurance to Atlantic Coastal Land Title Company, LLC $ 1 ,054.00 11 $ 11054.00 $ 0.00 1109. Lenders coverage $ 1110. Owner's coverage $ 195 ,750.00 1111 . Florida Comprehensive Endorsement (Form 9) 1112. ALTA Environmental Protection Lien Endorsement Form 8 . 1 1113 1114. 1115, 1201 . Recording fees: Deed $35.70; Easement: $ 129.00 $ 164.70 1203. State tax/stamps: Deed $.70 $ 0.70 $ 0.00 1204. Intangible tax on Mortgage $ 0.00 1205 , 1206, 13110, ADD ITIONA L SE I"ITEM ENTCI 1 /\ 10 ; FS : 1301 . Survey to 1302. Pest inspection to 1303 . Express delivery fees to Atlantic Coastal Land Title Company, LLC 1304. Digital Archive/File Scanning Fee to Forensis $ 20.00 1305 . Wire Transfer fee to CenterState Bank $ 30.00 1306. _ 1307. -- ----- 1308 . -- 1309. 1310. 1311 . 1312. 1400, TOTAL SETTLEMENT CHARGES (Enter on tine 103, section > - and • tine 502. Section K) $ 19504.40 $ 0.00 r n I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of Settlement Statement. Buyer(s): Indian River County, a politic ubdivision of the State of Florida i By : VV William DeBraal its Deputy County Attorney Sellers : Vista Plantation Association, Inc. By : Frank Yeager its President Some costs reflected hereon may be based on good faith estimates that require post-closing adjustment. Any variations in actual costs from those reflected hereon that result in overcharges or undercharges not in excess of $25 .00 to any party shall be credited to or debited against closing fees charged by Atlantic Coastal Land Title Company, LLC. It is further understood, and the parties hereto agree, that all funds received by Atlantic Coastal Land Title Company, LLC may be placed in escrow accounts that may be subject to Overnight Repurchase Agreements between Atlantic Coastal and its depository bank. Interest earned as the result of such agreements, if any, is the property of Atlantic Coastal Land Title Company, LLC. The HUD- I Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. Atlantic Coastal Land Title Company, LLC (Settlement Agent) Closing Date: October 1st, 2012 WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U. S. Code Section 1001 and Section 1010.