HomeMy WebLinkAbout2016-014AGREEMENT TO PURCHASE AND SELL REAL ESTATE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ('`Agreement") is
made and entered into as of the 2nd day of February , 2016, by and between
Indian River County ("County"), a political subdivision of the State of Florida, whose
address is 1801 27th Street, Vero Beach, FL 32960 and Bent Pine Golf Club, Inc.
("Sellers"), a Florida not for profit corporation, whose address is 6001 Club House Drive,
Vero Beach, FL, 32967-4599, who agree as follows. -
1 .
ollows:
1. 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, those five (5) certain parcels of real property located at 5775
(double lot), 5745, 5735, 5725 and 5715 58th Avenue, County of Indian River, State of
Florida and more specifically described on Exhibit "A" attached hereto and incorporated by
this reference, containing a total of approximately 1.16 acres, and all improvements
thereon, together with all easements, rights and uses now or hereafter belonging thereto
(collectively, the "Property").
2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for
Property shall be Fifty -One Thousand and 00/00 Dollars ($51,000.00). The Purchase
Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the
date upon which the County shall have approved the execution of this Agreement, by
approval by the Indian River County Board of County Commissioners at a formal meeting
of such Board. This Agreement is contingent upon approval by the Bent Pine members at
its annual meeting of members in March 2016,
3. 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; 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").
3.1 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 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.
FAAttorney\BiINAgreements\Bent Pine 58th Avenue IotWurchase Contract doc - I -
4. Representations of the Seller.
4.1 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.
4.2 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.
4.3 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.
5. Default.
5.1 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 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.
5.2 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:
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 60 days following the Effective Date of this Agreement. 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 3.
(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.
F:\P.ttorne)ABi1M-reementJMent Pine 58th Avenue loftPUrchase Contract.doc - 2 -
(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.
6.2 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.
7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing
documents.
7.1 County shall pay the following expenses at Closing:
7.1.1 The cost of recording the warranty deed and any release or satisfaction
obtained by Seller pursuant to this Agreement.
7.1.2 Documentary Stamps required to be affixed to the warranty deed.
7.1.3 All costs and premiums for the owner's marketability title insurance
commitment and policy, if any.
7.2 Seller shall pay the following expenses at or prior to Closing:
7.2.1 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.
8. Miscellaneous.
8.1 Controlling 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.
8.2 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
F:\Attorney\BiIhAgreements\Bent Pine 58th Avenue lotkPurchase Contract doc
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
8.3 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.
8.4 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: Bent Pine Golf Club, Inc.
6001 Club House Drive
Vero Beach, FL, 32967-4599
If to County: Indian River County
1801 27th 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.
8.5 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.
8.6 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.
8.7 Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall constitute an original.
8.8. County Approval Required: This Agreement is subject to approval by the Indian
River County as set forth in paragraph 2.
8.9 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
F:\Attorney Bill\Agreements\Bent Pine 58th Avenue lot�Purchase Contract.doc -4 -
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.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
SELLER -
BENT PINE GOLF CLUB, INC.
By:
Printed Name:
Its:
Date approved by Board:
Witnessed by:
Printed Name:
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMM ISSIONS&S,,,
By:
Bob Solari, Chairman
Date Approved by Board -
Attest: Jeffrey R. Smith, Clerk of the
Court and Comptroller
By
y__
- e ty Clerk
Approved as to form and
Legal sufficiency
William K. DeBraal
Deputy County Attorney
F lAtttirtieN\BilAA,,,reementsiBent Pine 58th Avenue lot§Purchase Contract doc
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
KINGS MUSIC LANDS SUB 1,
BLK 1 LOTS 10 & 1 1
PBI 6-17
LUNGS MUSIC LANDS SUB I
BLK 1 LOT 13
PBI 6-17
KINGS MUSIC LANDS SUB I
BLK I LOT 14
PBI 6-17
KINGS MUSIC LANDS SUB 1
BLK 1 LOT 15
PBI 6-17
KINGS MUSIC LANDS SUB 1
BLK 1 LOT 16
PBI 6-17
F:1Attorne)�Bi]MgreementslBent Pine 58th Avenue lot§Purchase Contract.doc b -
This document had no page or text file
i gIVER
Q-
1 ONZCe Of Allorrrey'r111atleri 0:1/0'/2olh
�
INDIAN RIVER COUN'T'Y
�L 3Rl°� ATTORNEY
Dylan Reingold,County Attorney ---
'William K.DeBraal,Deputy County Attorney
Kate Pingolt Cotner,Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Chris Mora, Public Works Director ,.
FROM: illiam K. DeBraal, Deputy County Attorney
DATE January 22, 2016
SUBJECT: Purchase of Five Lots Located at 5811'Avenue North of 5711 Street Owned by
Bent Pine Golf Club, Inc
In 1991, Bent Pine Golf Club, Inc. (Bent Pine) bought five lots on the west side of 58t1 Avenue just
north of 571h Street. An aerial photo of the lots is attached to this memorandum. You will see that
the northern most lot is a double lot. All of these lots front 58th Avenue for ingress and egress The
properties are zoned RS-3, residential, up to 3 units per acre with an underlying future Land Use
Designation of L-2, residential, up to six units per acre. The lots are unimproved with no structures
on them.
Bent Pine originally purchased the lots to serve as a buffer to their subdivision entrance As the
years have gone by, changes have occurred around the Bent Pine entrance, including the
development of Vero Lago subdivision and the addition of a traffic signal at the intersection of 581"
Avenue and 57th Street. These changes contributed to Bent Pine redesigning its entrance to the
current shared roundabout with Vero Lago. This alignment now provide alignments with 57`1 Street
for ingress/egress via a traffic light at 58}'Avenue. Bent Pine has determined it no longer needs the
lots to serve as a buffer and their attorney, Brad Rossway, has approached County staff to inquire
whether the County would be interested in purchasing the lots
Staff has determined that purchasing these lots would be beneficial for use as right-of-way or a linear
retention pond if 58th Avenue or the intersection needs to be expanded In the future The County
retained the services of Bob Oliver and Associates, a local appraiser, who valued the lots at $8,500
a piece for a total value of $51,000.00. For appraisal purposes, the northern most double lot was
appraised as two single lots. (6 lots x $8,500 = $51,000) The County Attorney's Office drafted the
attached Agreement to Purchase and Sell Real Estate and furnished it to Mr. Rossway for
presentation to the Bent Pine Board of Directors who approved sale of the lots at the appraised price
InQii�RJ.. Ca Ag —ed Datz_
!:='PROVED FOR _ - Admin.
B.C.C. MEETING - -REGULAR ACEI DA
6udgeI i
COUNTY ATTORNE=Y Dept
Risk Mar.
-- ' —' 110.
Purchase of Bent Pine Lots
January 22, 2016
Page 2
According to the subdivision by-laws, the sale of real property owned by Bent Pine must be approved
by its members at their annual membership meeting coming up in March 2016. Should the Board of
County Commissioners approve the purchase agreement, the matter will be placed on the agenda
for the Bent Pine owner's annual meeting. Pending approval by Bent Pine, the transaction would
close in April.
Funding. Funding for this expenditure is available from Optional Sales Tax/Misc ROW—31521441-
066120
Recommendation. Staff recommends the Board approve the Agreement to Purchase and Sell Real
Estate with Bent Pine for the lots at a price of $51,000 and authorize the Chairman to execute the
Agreement on behalf of the Board
Attachments Aerial photo
Agreement to Purchase and Sell Real Estate
Copies to: Chris Mora, Public Works Director
Brad Rossway, Esq.
i l 1'
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") Is
made and entered into as of the 2nd day of February , 2016, by and between
Indian River County ("County"), a political subdivision of the State of Florida, whose
address is 1801 27th Street, Vero Beach, FL 32960 and Bent Pine Golf Club, Inc.
("Sellers"), a Florida not for profit corporation, whose address is 6001 Club House Drive,
Vero Beach, FL, 32967-4599, who agree as follows.-
1.
ollows:1. 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, those five (5) certain parcels of real property located at 5775
(double lot), 5745, 5735, 5725 and 5715 58th Avenue, County of Indian River, State of
Florida and more specifically described on Exhibit "A" attached hereto and Incorporated by
this reference, containing a total of approximately 1.16 acres, and all improvements
thereon, together with all easements, rights and uses now or hereafter belonging thereto
(collectively, the "Property").
2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for
Property shall be FiftV-One Thousand and 00/00 Dollars ($51,000.00). The Purchase
Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the
date upon which the County shall have approved the execution of this Agreement, by
approval by the,lndian River County Board of County Commissioners at a formal meeting
of such Board. This Agreement is contingent upon approval by the Bent Pine members at
its annual meeting of members in March 2016.
3. 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, 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").
3.1 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 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.
FWttorne}\BiifWgreements\Bent Pine 58th Avenue IottPurchase Contract doc
4. Representations of the Seller
4.1 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.
4.2 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.
4.3 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.
5. Default.
5.1 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 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.
5.2 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:
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 60 days following the Effective Date of this Agreement. 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 3.
(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.
F-1Attorne}kBilMgreementsiBent Pine 58th Avenue IotiPurchase Contract.doc -2-
(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and falls
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
62 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.
7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing
documents.
7.1 County shall pay the following expenses at Closing-
7.1.1 The cost of recording the warranty deed and any release or satisfaction
obtained by Seller pursuant to this Agreement.
7.1.2 Documentary Stamps required to be affixed to the warranty deed
7.1.3 All costs and premiums for the owner's marketability title insurance
commitment and policy, if any.
7 2 Seller shall pay the following expenses at or prior to Closing:
7.2.1 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.
8. Miscellaneous
8.1 Controlling 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
8.2 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
F-Wtorne}\BilfWgreementslBent Pine 58th Avenue lotWurchase Contract doc
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
8.3 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.
8.4 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: Bent Pine Golf Club, Inc
6001 Club House Drive
Vero Beach, FL, 32967-4599
If to County: Indian River County
1801 27th 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.
8.5 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.
8.6 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
8.7 Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall constitute an original.
8.8. County Approval Required: This Agreement is subject to approval by the Indian
River County as set forth in paragraph 2.
8.9 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
F Wttome)kBi1NAgreements0ent Pine 58th Avenue IOtWurchase Contract.doc .4.
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.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
SELLER: INDIAN RIVER COUNTY, FLORIDA
BENT PINE GOLF CLUB, INC. BOARD OF COUNTY COMMISSIONF , ,
6.
Printed me: (� o.,� Bob Solari, Chairman •-i: s
Its: /'esi efW
;r
Date approved by Board: D 6 ZwG Date Approved by Board: �
Witnessed by:
Attest Jeffrey R. Smith, Clerk of the
Printed Name Vl�►rk Court and Comptroller
Printed btgKe S` BY
e ty Clerk
Approved as to form and
Legal sufficiency
William K DeBraal
Deputy County Attorney
P 1Attorne)kBiIDAareementABent Pine 58th Avenue Iot�Purchase contract_doc
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
KINGS MUSIC LANDS SUB 1,
BLK 1 LOTS 10 R I I
PBI 6-17
KINGS MUSIC LANDS SUB I
BLK I LOT 13
PBI 6-17
KINGS MUSIC LANDS SUB 1
BLK I LOT 14
PB1 6-17
KINGS MUSIC LANDS SUB I
BLK 1 LOT 15
PBI 6-17
KINGS MUSIC LANDS SUB 1
BLK 1 LOT 16
PBI 6-17
F-1AttomeykBilNAgreements0ent Pine 58th Avenue IotDurchase Contract.doc
Prepared by and return to:
Kevin M. Barry 3120160028465
Partner RECORDED IN THE PUBLIC RECORDS OF
Rossway Swan Tierney Barry Lacey& Oliver P.L. JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
2101 Indian River Blvd. Suite 200 BK. 2935 PG: 1004 Page 1 of 2 5/182016 12:36 PM
Vero Beach,FL 32960 D DOCTAX PD$357 00
772-231-4440
File Number: 1807-004
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this 16th day of May, 2016, between Bent Pine Golf Club, Inc., a Florida not-
for-profit corporation, whose post office address is 6001 Club House Drive, Vero Beach, FL 32967, Grantor, and Indian
River County, a political subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach,
FL 32960,Grantee.
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals,and the successors and assigns of corporations,trusts and trustees)
Witnesseth, that said Grantor, for and in consideration of the sum of Ten and no/100 (S10 00) Dollars and other
valuable considerations, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, alienates, remises,
releases,conveys and confirms unto Grantee, all that certain land situate in Indian River County, Florida,to-wit:
Parcel 1: Lots 10 and 11, Block 1, King's Music Lands, according to the map or plat thereof as recorded in
Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Identification Number: 32-
39-17-00002-0010-00010/0.
Parcel 2: Lot 13, Block 1, King's Music Lands, according to the map or plat thereof as recorded in Plat
Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Identification Number: 32-39-17-
00002-0010-00013/0
Parcel 3: Lot 14, Block 1, King's Music Lands, according to the map or plat thereof as recorded in Plat
Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Identification Number: 32-39-17-
00002-0010-00014/0.
Parcel 4: Lots 15 and 16, Block 1, King's Music Lands, according to the map or plat thereof as recorded in
Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Identification Numbers: 32-
39-17-00002-0010-00015/0 and 32-39-17-00002-0010-00016/0.
Subject to the following:
1. Taxes subsequent to December 31, 2015, and
2. Covenants, conditions,restrictions, easements,and limitations of record,without
thereby reimposing the same, and all applicable zoning ordinances;
And said Grantor, subject to the foregoing,does hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomsoever.
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold,the Property in fee simple forever.
In Witness Whereof,Grantor has hereunto set Grantor's hand and seal on the dates below written.
Signed, sealed and delivered in our presence: "Grantor"
Bent Pine Golf Club,Inc.,
a Florida not-for-profit corporation
By:
fitness N me: 2) o M " Kenneth Watson, President
Witness Name: Lhern " w2n&q
(Corporate Seal)
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER )
The foregoing instrument was acknowledged and sworn to before me this —L3_day of May, 2016, by Kenneth
Watson, as President of Bent Pine Golf Club, Inc., a Florida not-for-profit corporation, who did acknowledge and
swear before me that said person executed the forego in nstrument for the uses and purposes therein set forth on behalf of
said corporation. I further state that(check one) I have exanined the current driver's license of the aforesaid person or
I am familiar with the identity of the aforesaid person and have confirmed said per on's identi
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Old Republic National Title Insurance Company
OWNER'S POLICY
Schedule A
Policy No - Date of Policy- Agent's File Reference:
0176-8393758 May 18,2016 @ 12:36 PM 1807-004
Amount of Insurance. $51,000.00 Premium. $293.25
Address Reference: 58th Avenue, Vero Beach, FL 32967
1. Name of Insured: Indian River County, a political subdivision of the State of Florida
2. The estate or interest in the Land that is insured by this policy is. Fee Simple as shown by instrument recorded as
Document No. 3120160028465 in Official Records Book 2935, Page 1004, of the Public Records of Indian River
County,Florida.
3. Title is vested in: Indian River County,a political subdivision of the State of Florida
4 The Land referred to in this policy is described as follows:
Parcel 1 Lots 10 and 11, Block 1, King's Music Lands, according to the map or plat thereof as
recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida.
Parcel 2. Lot 13, Block 1, King's Music Lands, according to the map or plat thereof as recorded in Plat
Book 6, Page 17, Public Records of Indian River County, Florida.
Parcel 3. Lot 14, Block 1, King's Music Lands, according to the map or plat thereof as recorded in Plat
Book 6, Page 17, Public Records of Indian River County, Florida.
Parcel 4: Lots 15 and 16, Block 1, King's Music Lands, according to the map or plat thereof as recorded
in Plat Book 6, Page 17, Public Records of Indian River County, Florida.
Old Republic National Title Insurance Company
400 Second Avenue South,Minneapolis,Minnesota 55401, (612)371-1111
Agent No. 24430
Issuing Agent:
Rossway Swan Tierney Barry Lacey& Oliver
P.L.
2101 Indian River Blvd.
Suite 200 Agent's Signature
Vero Beach, FL 32960 Kevin M. Barry
Partner
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Page 1 of 2
Form OF6-SCH.-A (rev 12/10)(With Florida Modifications) DoubleTime®7.0.4
Old Republic National Title Insurance Company
OWNER'S POLICY
Schedule B
Policy No : Agent's File Reference-
OF6-8393758 1807-004
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys'fees, or expenses that arise
by reason of:
1. General or special taxes required to be paid in the year 2016 and subsequent years.
2. Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be disclosed by an
inspection or an accurate and complete land survey of the Land and inspection of the Land.
3. Easements,or claims of easements,not recorded in the Public Records.
4 All matters contained on the Plat of King's Music Lands, as recorded in Plat Book 6, Page 17, Public Records of Indian
River County,Florida.
5. Easement recorded in O.R.Book 509, Page 524,Public Records of Indian River County, Florida.
Page 2 of 2
Form OF6-SCH.-B(rev 12/10)(With Florida Modifications) DoubleTime®7.0.4
(American Land Title Association-Owners Policy Adopted 6/17/2006)(With Florida Modifications)
OWNER'S POLICY OF TITLE INSURANCE
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B.
AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company')
insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by
reason of:
I Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title.This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud,undue influence,duress, incompetency, incapacity,or impersonation,
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered,
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by
electronic means authorized by law;or
(vii)a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by
an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing
improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on
adjoining land.
3 Unmarketable Title.
4 No right of access to and from the Land.
5 The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and
zoning)restricting,regulating,prohibiting,or relating to
(a) the occupancy,use,or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land,
(c) the subdivision of land,or
(d) environmental protection
if a notice,describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,but
only to the extent of the violation or enforcement referred to in that notice.
(Covered Risks continued)
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 of the Company.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Suxk Conroany
400 Second Avow So;,h,Mirrra3pahs,Mnrzsxa 2501
(614371-1111
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Sac Crary
SERIAL
OF6-8393758
FORM OF6(rev.12Y10)(With Florida Modifications) Page 1 of 5
File Number: 1807-004 DoubleTime®7.0.4
(Covered Risks continued)
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action;
describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice.
7 The exercise of the rights of eminent domain if a notice of the exercise;describing any part of the Land, is recorded in the Public Records.
8 Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part;or from a court order providing an alternative remedy,of a transfer of all or any part of the title
to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy,state insolvency.or similar creditors'rights laws;or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy; state
insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records
(i) to be timely,or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor
10 Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in
the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,
or expenses that arise by reason of-
1 (a)Any law, ordinance; permit, or governmental regulation(including those relating to building and zoning)restricting, regulating, prohibiting,
or relating to
(i) the occupancy,use,or enjoyment of the Land,
(d)the character,dimensions,or location of any improvement erected on the Land,
(iii)the subdivision of land;or
(iv)environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5
(b)Any governmental police power This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8
3 Defects,liens,encumbrances,adverse claims,or other matters
(a)created,suffered,assumed,or agreed to by the Insured Claimant;
(b) not Known to the Company; not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)resulting in no loss or damage to the Insured Claimant;
(d)attaching or created subsequent to Date of Policy;or
(e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the
Title as shown in Schedule A.is
(a)a fraudulent conveyance or fraudulent transfer;or
(b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1.DEFINITION OF TERMS
The following terms when used in this policy mean.
(a)"Amount of Insurance":The amount stated in Schedule A.as may be increased or decreased by endorsement to this policy, increased by Section 8(b),or
decreased by Sections 10 and I 1 of these Conditions.
(b)"Date of Policy"•The date designated as"Date of Policy"in Schedule A.
(c)"Entity":A corporation,partnership,trust, limited liability company,or other similar legal entity
(d)"Insured" The Insured named in Schedule A.
(i)the term"Insured"also includes
(A) successors to the Title of the Insured by operation of law as distinguished from purchase; including heirs, devisees, survivors, personal
representatives,or next of kin,
(B)successors to an Insured by dissolution,merger,consolidation,distribution,or reorganization,
(C)successors to an Insured by its conversion to another kind of Entity;
(D)a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title
(1)if the stock,shares,memberships,or other equity interests of the grantee are wholly-owned by the named Insured;
(2)if the grantee wholly owns the named Insured;
FORM OF6(rev.12/10)(With Florida Modifications) Page 2 of 5
(3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both
wholly-owned by the same person or Entity,or
(4)if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate
planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against
any predecessor Insured.
(e)"Insured Claimant".An Insured claiming loss or damage.
(f) "Knowledge" or "Known" Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the
Public Records or any other records that impart constructive notice of matters affecting the Title.
(g) "Land"- The land described in Schedule A, and affixed improvements that by law constitute real property The term "Land" does not
include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting
streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from
the Land is insured by this policy.
(h) "Mortgage"- Mortgage, deed of trust, trust deed,or other security instrument, including one evidenced by electronic means authorized by
law
(i) "Public Records" Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also
include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land
is located.
0)"Title" The estate or interest described in Schedule A.
(k) "Unmarketable Title" Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or
lender on the Title to be released from the obligation to purchase, lease,or lend if there is a contractual condition requiring the delivery
of marketable title.
2.CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured,but only so long as the Insured retains an estate or interest
in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall
have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the
Insured of either(i)an estate or interest in the Land,or(ii)an obligation secured by a purchase money Mortgage given to the Insured.
3.NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case
Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title.as insured,and that might cause loss or damage
for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is
prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be
reduced to the extent of the prejudice.
4.PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option,require as a condition of payment that the
Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this
policy that constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage.
5.DEFENSE AND PROSECUTION OF ACTIONS
(a)Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company,at its own cost and without
unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to
the Insured.This obligation is limited to only those stated causes of action alleging matters insured against by this policy.The Company shall have the
right to select counsel of its choice(subject to the right of the Insured to object for reasonable cause)to represent the Insured as to those stated causes
of action. It shall not be liable for and will not pay the fees of any other counsel.The Company will not pay any fees, costs,or expenses incurred by
the Insured in the defense of those causes of action that allege matters not insured against by this policy
(b)The Company shall have the right, in addition to the options contained in Section 7 of these Conditions,at its own cost,to institute and prosecute any
action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce
loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the
Insured.The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights
under this subsection,it must do so diligently
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation to a final
determination by a court of competent jurisdiction,and it expressly reserves the right, in its sole discretion,to appeal any adverse judgment or order
6.DUTY OF INSURED CLAIMANT TO COOPERATE
(a)In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the
Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option,
the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all
reasonable aid(i)in securing evidence,obtaining witnesses, prosecuting or defending the action or proceeding,or effecting settlement, and(ii)in any
other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company
is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such
cooperation.
(b)The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and
to produce for examination, inspection,and copying, at such reasonable times and places as may be designated by the authorized representative of the
Company,all records,in whatever medium maintained,including books,ledgers,checks,memoranda;correspondence,reports,e-mails,disks,
FORM OF6(rev.12/10)(With Florida Modifications) Page 3 of 5
tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any
f authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the
Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage.All
information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third
parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this
policy as to that claim.
7.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy,the Company shall have the following additional options:
(a)To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys'fees;and expenses incurred by the Insured
Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option,all liability and obligations of the Company to the Insured under this policy,other than to make the
payment required in this subsection,shall terminate,including any liability or obligation to defend,prosecute,or continue any litigation.
(b)To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.
(i)to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy In addition,the
Company will pay any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of
payment and that the Company is obligated to pay;or
(ii)to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,together with any costs,attomeys'fees,and
expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to
Pay.
Upon the exercise by the Company of either of the options provided for in subsections(b)(i) or(ii), the Company's obligations to the Insured under
this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to
defend,prosecute,or continue any litigation.
8.DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or
damage by reason of matters insured against by this policy
(a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
(i)the Amount of Insurance;or
(ii)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.
(b)If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured,
(i) the Amount of Insurance shall be increased by 10%,and
(ii)the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant
or as of the date it is settled and paid.
(c)In addition to the extent of liability under(a)and(b), the Company will also pay those costs, attorneys'fees,and expenses incurred in accordance with
Sections 5 and 7 of these Conditions.
9.LIMITATION OF LIABILITY
(a)If the Company establishes the Title, or removes the alleged defect, lien,or encumbrance, or cures the lack of a right of access to or from the Land,or
cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any
appeals,it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals,adverse to the Title,as insured.
(c)The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling an},claim or suit without
the prior written consent of the Company
10.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy,except payments made for costs,attorneys'fees,and expenses,shall reduce the Amount of Insurance by the amount of the
payment.
11.LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in
Schedule B or to which the Insured has agreed, assumed,or taken subject,or which is executed by an Insured after Date of Policy and which is a charge
or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy
12.PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions,the payment shall be made within 30 days.
13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a)Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in
the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the
amount of any loss, costs, attorneys' fees, and expenses paid by the Company If requested by the Company, the Insured Claimant shall execute
documents to evidence the transfer to the Company of these rights and remedies.The Insured Claimant shall permit the Company to sue,compromise,
or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and
remedies.
FORM OF6(rev.12/10)(With Florida Modifications) Page 4 of 5
r
If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover
until after the Insured Claimant shall have recovered its loss.
(b)The Company's right of subrogation includes the rights of the Insured to indemnities,guaranties,other policies of insurance,or bonds,notwithstanding
any terms or conditions contained in those instruments that address subrogation rights.
14.ARBITRATION
Unless prohibited by applicable lav, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be
demanded if agreed to by both the Company and the Insured at the time of the controversy or claim.Arbitrable matters may include,but are not limited to,
any controversy or claim between the Company and the Insured arising out of or relating to this policy,and service of the Company in connection with its
issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand
for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the Land is located permit a court to award'attorneys' fees to a prevailing party Judgment upon the
award rendered by the Arbitrator(s)may be entered in any court having jurisdiction thereof
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15.LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the
Company In interpreting any provision of this policy,this policy shall be construed as a whole.
(b)Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be
restricted to this policy
(c)Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person,or expressly incorporated by Schedule
A of this policy
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the
endorsement expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii)extend the
Date of Policy,or(iv)increase the Amount of Insurance.
16.SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to
include that provision or such part held to be invalid,but all other provisions shall remain in full force and effect.
17.CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged
therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights,remedies,or enforcement of policies of
title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the
Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts
of law principles to determine the applicable law
(b)Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within
the United States of America or its territories having appropriate jurisdiction.
18.NOTICES,WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at
400 Second Avenue South,Minneapolis,Minnesota 55401-2499, Phone:(612)371-1111.
FORM OF6(rev.12/10)(With Florida Modifications) Page 5 of 5
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1 Buyer/Seller
A. Settlement Statement Settlement Statement
B. Type of Loan
0 1 FHA 0 2. FmHA 0 3 Conv Unins. 6. File Number 7. Loan Number 8. Mortg.Ins.Case Num.
0 4 V.A. 0 5 Conv. Ins. 1807-004
ID-
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.NAME OF BUYER: Indian River County,a political subdivision of the State of Florida
Address of Buyer: 1801 27th Street,Vero Beach, Florida 32960
E.NAME OF SELLER: Bent Pine Golf Club, Inc.,a Florida not-for-profit corporation
Address of Seller: 6001 Club House Drive,Vero Beach, Florida 32967 TIN: 51-0198590
F.NAME OF LENDER:
Address of Lender:
G.PROPERTY LOCATION: 58th Avenue,Vero Beach, Florida 32967
H.SETTLEMENT AGENT- Rossway Swan Tierney Barry Lacey&Oliver P L. TIN:59-3590034
Place of Settlement: 2101 Indian River Blvd., Suite 200,Vero Beach, Florida 32960 Phone:772-231-4440
I. SETTLEMENT DATE: 5/16/16 DISBURSEMENT DATE: 5/16/16
J.Summary . transaction
00400.Gross amount due to seller:
101 Contract sales price 51,000 00 401 Contract sales price 51,000.00
102.Personal property 402. Personal property
103.Settlement charges to buyer(Line 1400) 1,35578 403.
104 404
105. 1405
Adjustments for items .. ..id .
106.City/town taxes 406.City/town taxes
107 County taxes 407 County taxes
108.Assessments 408 Assessments
109. 409
110 410
111 411
112. 1412.
120.Gross amount due from buyer: 52,355 781420.Gross amount due to seller: 51,000 00
ii500.Reductions in amount due to seller:
201. Deposit or earnest money 501 Excess deposit(see instructions)
202.Principal amount of new loan(s) 502.Settlement charges to seller(line 1400) 2700
203. Existing loan(s)taken subject to 503. Existing loan(s)taken subject to
204 Principal amount of second mortgage 504 Payoff of first mortgage loan
205 505 Payoff of second mortgage loan
206. 506 Deposits held by seller
207 Principal amt of mortgage held by seller 507 Principal amt of mortgage held by seller
208. 508.
209 509
unpaidAdjustments for items ..id .
210. 510.
211 511
212. 512.
213. 513
214 514
215. 515.
216. 516.
217 517
218. 518
219 519
220.Total paid by/for buyer: 0 001520.Total reductions in amount due seller: 27 00
00 Cash at settlement from/to . 600.Cash at settlement to/from seller-,
301 Gross amount due from buyer 52,355 78 601 Gross amount due to seller 51,000.00
(line 120) (line 420)
302.Less amount paid by/for the buyer 000 602. Less total reductions in amount due seller (27 00)
(line 220) (line 520)
303.Cash( ❑✓ From ❑ To )Buyer- 52,355 78 603.Cash( ❑✓ To ❑ From )Seller- 50,973 00
Substitute Form 1099 Seller Statement: The information contained in blocks E,G, H,and I and on line 401 is important tax information and is being
furnished to the IRS. If you are required to file a return,a negligence penalty or other sanction will be imposed on you if this item is required 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 tax
return;for other transactions,complete the applicable parts of Form 4797, Form 6262 and/or Schedule D(Form 1040).
DoubleTime(D
Buyer/Seller Settlement Statement Page 2
Q Settlement charges Buyer•• Paid from Paid from
700.Total Sales/Brokers Com. based on price $51,000 00 @ %= Buyer's Seller's
701 %to Funds at Funds at
702. %to Settlement Settlement
703. Commission paid at settlement
704 to
900.Items payable in connection with loan: Buyer POC Seller POC
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. to
809 to
810 to
811 to
900. Items reauired by lender to be paid in advance: Buyer POC Seller POC
901 Interest from to /day
902.Mortgage insurance premium for months to
903 Hazard insurance premium for years to
904. Flood insurance premium for years to
905. vears to
000 POC Seller••
1001 Hazard insurance monthsper month
1002. Mortgage insurance monthsper month
1003. City property taxes monthsper month
1004 County property taxes monthsper month
1005. Annual assessments monthsper month
1006. Flood insurance months a per month
1007 monthsper month
1008. monthsper month
1009 Aggregate accounting adjustment
00 POC Seller••
1101 Settlement or closing fee to
1102. Abstract or title search to Old Republic National Title Insurance Company 175.00
1103. Title examination to
1104 Title insurance binder to
1105. Document preparation to
1106. Notary fees to
1107 Attorney's Fees to Rossway Swan Tierney Barry Lacey&Oliver P L. 500001
(includes above item numbers.
1108. Title Insurance to Old Republic National Title Insurance Company/Rossway Swan 293.25
(includes above item numbers:
1109 Lender's coverage(Premium):
1110 Owner's coverage(Premium): $51,000 00($293.25)
1111 Endorse:
1112. Title- Insurance Policy Surcharge to Old Republic National Title Insurance Company 1 3.28
1113. Reimburse Good Standing Cert to FL Di to Rossway Swan Tierney Barry Lacey&Oliver P L. 8.75
00 Government recordinq
1201 Recording fees Deed $18.50 Mortgage(s) Releases 18.50
1202.City/county tax/stamps Deed Mortgage(s)
1203.State tax/stamps Deed $35700 Mortgage(s) 35700
1204 Seller's Corporate Affidavit to Indian River County Clerk of Court 2700
1205 to
00 Additional settlement charqes: BuyerPCC ••
1301 Survey to
1302. Pest Inspection to
1303. to
1304 to
1305. to
1306. to
1307 to
1308. to
1309
1400.Total settlement charges:
Enter on lines 103,Section J and 502,Section K 1 1,355781 27001
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 the Settlement Statement.
Indian River County Be Golf Club, Inc.
By - Buyer By. Seller
William K. DeBraal, Deputy County Attorney Kenneth Watson, President
Buyer Seller
The 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.
Rossway Syvan Tierney Barry Lacey&Oliver P L.
By-
As Its Authorized R p ntative Date
WARNING:It is a crime tolkKowingly make false statements to the United States on this or any other similar form.Penalties upon conviction can include a fine DoubleTime®
and imprisonment.For details see:Title 18 U S.Code Section 1001 and Section 1010.
- I
Buyer/Seller
A. Settlement Statement Settlement Statement
B. Type of Loan
Q 1 FHA C)2.FmHA V 3.Conv.Unins. 6.File Number 7 Loan Number 8. Mortg.Ins.Case Num.
Q 4.V.A. 0 5.Conv.Ins. 1807.004
ID:
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.NAME OF BUYER: Indian River County a political subdivision of the State of Florida
Address of Buyer 1801 27th Street.Vero Beach.Florida 32960
E.NAME OF SELLER: Bent Pine Golf Club.Inc. a Florida not-for-profit corporation
Address of Seller 6001 Club House Drive,Vero Beach,Florida 32967 TIN:51-0198590
F.NAME OF LENDER:
Address of Lender
G.PROPERTY LOCATION: 58th Avenue,Vero Beach Florida 32967
H.SETTLEMENT AGENT Rossway Swan Tierney Barry Lacey&Oliver P.L. TIN:59-3590034
Place of Settlement: 2101 Indian River Blvd. Suite 200,Vero Beach,Florida 32960 Phone:772-231-4440
1. SETTLEMENT DATE: 5/16/16 DISBURSEMENT DATE:5/16/16
it _ •ri
101 Contract sales price 51,000.00 401 Contract sales price 51,000.00
102.Personal property 402.Personal property
103.Settlement charges to buyer(Line 1400) 1,355.78 403.
104, 404
105. 405.
911FIT-ITT14 j--no
106.City/town taxes 406.City/town taxes
107 County taxes 407 County taxes
108.Assessments 408.Assessments
toy 409.
110. 410.
111 411
112. 412.
120.Gross amount due from buyer: 52.355.78 420.Gross amount due to seller. 51.000.00
ri
201.Depositor earnest money 501.Excess deposit(see instructions)
202.Principal amount of new loan(s) 502.Settlement charges to seller(line 1400) 27.00
203.Existing bans)taken subject to 503.Existing loan(s)taken subject to
204.Principal amount of second mortgage 504.Payoff of first mortgage loan
205. 505.Payoff of second mortgage loan
206 506.Deposits held by seller
207 Principal amt of mortgage held by seller 507 Principal amt of mortgage held by seller
208. 508.
209. 509.
210. 510.
211 511.
212, 512.
213. 513.
214, 514.
215. 515.
216. 516.
217 517
218. 518.
219. 519.
220.Total paid by/for buyer: 0.00 520.Total reductions in amount due seller. 27.00
.r�
rr ---
301 Gross amount due from buyer 52,355.78 601 Gross amount due to seller 51,000.00
(line 120) (line 420)
302.Less amount paid by/for the buyer 0.00 602.Less total reductions in amount due seller (27.00)
(line 220) (line 520)
303.Cash( QQ From ❑To )Buyer. 52,355.78 603.Cash( Q To ❑From )Seller. 50,973.00
Substitute Form 1099 Seller Statement: The information contained in blocks E.G,H,and I and on line 401 is important tax information and is being
furnished to the IRS. If you are required to file a return,a negligence penalty or other sanction will be imposed on you if this item is required to be reported and
the IRS determines that it has not been reported.
Seiler instructions: If this real estate was your principal residence,file Form 2119,Sale or Exchange of Principal Residence,for any gain,with your tax
return;for-other transactions,complete the applicable parts of Form 4797,Forth 6262 and/or Schedule D(Form 1040).
Buyer/Seller Settlement Statement Page 2
Paid from Paid from
700.Total SalesBrokers Com.based on price $51.000.00 Q %= Buyers Seller's
701 °�to Funds at Funds at
Settlement Settlement
702. %to
703. Commission paid at settlement
704, to
:ir
801 Loan origination fee %to
802. Loan discount %to
803.Appraisal fee to
804. Credit report to
805. Lenders inspection fee to
806. Mortgage insurance application fee to
807 Assumption Fee to
808. to
809. to
810. to
811. to
1011111111 MOM
901.Interest from to /day
902.Mortgage insurance premium for months to
903.Hazard insurance premium for years to
904.Flood insurance premium for years to
905. Vears to
rrr •• -•
1001.Hazard Insurance months P per month
1002.Mortgage Insurance months A per month
1003.City protaxes months P per month
1004.County property taxes monthsper month
1005.Annual assessments monthsper month
1006.Flood Insurance months A per month
1007 months A per month
1 DOB. months Q per month
1009.Aggregate accounting adjustment
it .�
1101 Settlement or'closlh`fee to
1102.Abstract or title search to Old Republic National Title Insurance Company 175.00
1103.Title examination to
1104.Title insurance binder to
1105.Document preparation to
1106.Notary fees to
1107 Attorney's Fees to Rossway Swan Tierney Barry Lacey&Oliver P.L. Sao-,
(includes above item numbers:
1108.Title Insurance to Old Republic National Title Insurance Company/Rossway Swan 293:25
(includes above item numbers:
1109.Lenders coverage(Premium):
1110.Owner00
Owner's covers a Premium): 551, 0.00(5293.25)
tilt. Endorse:
1112.Title- Insurance Policy Surcharge to Old Republic National Title Insurance Company 3.28
1113. Reimburse Good Standing Cart,to FL Di to Rossway Swan Tierney Barry Lacey&Oliver P.L. 8.75
1201.Recording fees Deed $18.50 Mortgage(s) Releases 18.50
1202.Cfty/county C /countytax/sttim s Deed Mortgage(s)
1203.State tax/stamps Deed $357.00 Mortgage(s) 357'00
1204.Sellers Corporate Affidavit to Indian River County Clerk of Court 27.00
1205. to
1307 Survey - to --
1302.Pest Inspection to
1303. to
1304. to
1305. to
1306. to
1307 to
1308. to
1309.
rr
.Total settlement charqes:
Enter on-lines 103,Section Tand 5 2 Section K 1,355:78 "27:00
I have caratuey revimed the Settlement Statement and to the hest of my knaMedge and belief,it is a true and accurate statement of all receipts and_disbursements made on
M account 6i by me in this tiansactb .furthPt ce ti That I have received a copy of the Settlement Statement.
Ir1rJ �Coun Be Pin tub,Inc
By Buyer By. Seller
William K DeBraai,Deputy County.Attomey Kenneth Watson,President
Buyer Seller
The Settlement Statement which I have prepared Is a true and accurate account of this transaction.I have caused.or Will Ouse,the funds to be disbursed in accordance wiih this.
statement
Rossway Sw Tiem arty`Lacey�8 §y P.L l`.,(L2
By,.-
y: r (X L
As Its Authorized Represelowel Date
After Recording Return To:
Kevin M.Barry,Esquire
Rossway Swan Tierney Barry Lacey&Oliver,P.L. 3120160028464
2101 Indian River Boulevard,Suite 200 RECORDED IN THE PUBLIC RECORDS OF
Vero Beach,Florida 32960 JEFFREY R SMITH, CLERK OF COURT
(772)231-4440 INDIAN RIVER COUNTY FL
BK:2935 PG: 1001 Page 1 of 3 5/182016 12:36 PM
CORPORATE AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER )
Effective May 16th, 2016, before me, the undersigned authority, personally appeared KENNETH
WATSON("Affiant"),who being by me first duly sworn, on oath, deposes and says that:
1. Affiant is the President of BENT PINE GOLF CLUB, INC., a non-profit corporation in
good standing, organized and formed in the State of Florida on March 26, 1975 (hereinafter referred to as
the "Company").
2. The Company is currently in existence under valid Articles of Incorporation and regulations
and has not been terminated or dissolved.
3. The Company is the owner of the following described property:
See EXHIBIT "A" attached hereto and incorporated herein by reference.
4. The Company is not in bankruptcy and, if the Company is a single member entity, the single
member is not in bankruptcy.
5. Affiant is authorized by the Articles of Incorporation or Bylaws to execute any instruments
affecting the Property on behalf of the Company.
6. Under penalties of perjury, Affiant declared that Affiant had read the foregoing document
and that the facts stated in it are true.
[Signature Page Follows]
5 NTR Corporate Affidavit 1807-004
"Affiant"
Kenneth Watson, President
STATE OF FLORIDA )
) ss:
COUNTY OF INDIAN RIVER )
SWORN TO AND SUBSCRIBED before me by Kenneth Watson, as President of BENT PINE
GOLF CLUB, INC., a lorida not-for-profit corporation, this 13 Iv day of May, 2016. I further state
that (check one) I have examined the current driver's license of the aforesaid person, or I am
familiar with the identity of the aforesaid person, and have confirmed said person's identity.
NOTARY PUBLIC, STATE OF FLORIDA
My commission expires: ?-,222 ? (Affix Seal)
,��':y•,,
SHERRI SWANSON
+:
;= MY COMMISSION 9 FF 042814
,•. i, EXPIRES:September 22,2017
oP; Bonded ThN Notary Pubr�c Undervrtders
[Signawre Page Coinpany affidavit]
5 NTR.Corporate Affidavit-Page 2
Exhibit "A"
Parcel 1: Lots 10 and 11, Block 1, King's Music Lands, according to the map or plat thereof as
recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel
Indentification Number: 32-39-17-00002-0010-00010/0.
Parcel 2: Lot 13, Block 1, King's Music Lands, according to the map or plat thereof as recorded
in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Indentification
Number: 32-39-17-00002-0010-00013/0.
Parcel 3: Lot 14, Block 1, King's Music Lands, according to the map or plat thereof as recorded
in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Indentification
Number: 32-39-17-00002-0010-00014/0.
Parcel 4: Lots 15 and 16, Block 1, King's Music Lands, according to the map or plat thereof as
recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Identi-
fication Numbers: 32-39-17-00002-0010-00015/0 and 32-39-17-00002-0010-00016/0.
I
File Number 1807-004 Exhibit"A" I
}
CORPORATE RESOLUTION TO SELL
AND CERTIFICATE OF INCUMBENCY
I, Bradley W. Rossway, as Secretary of Bent Pine Golf Club, Inc., a Florida not-for-profit
corporation (hereinafter referred to as the "Company"), a corporation duly organized and existing under
and by virtue of the laws of the State of Florida and authorized to do business in the State of Florida, do
hereby certify that at a meeting of the Directors of said Company in the State of Florida on the j&t- day
of May, 2016, at which meeting a quorum was present and voted, the following Resolution was adopted:
WHEREAS, it is in the best interest of the Company to approve the sale of certain real
property described below owned by the Company to Indian River County, a political
subdivision of the State of Florida (hereinafter referred to as 'Buyer"):
See EXHIBIT "A" attached hereto and incorporated herein by reference.
Also known as: 5775,5745,5735,5725,and 5715 58th Avenue,Vero Beach,FL 32967
NOW, THEREFORE, be it resolved that the duly authorized Officer of this Company
be and said Officer is hereby authorized and instructed to do whatever may be necessary and
appropriate to confirm and facilitate the sale of the Property to Buyer and that said Officer be and
said Officer is hereby authorized and directed to execute in the name and on behalf of this
Company such instruments, including necessary purchase and sale agreements, deeds, bills of
sale, and assignments and affidavits and certificates, as may be necessary or proper to carry into
effect this Resolution; and Kenneth Watson, as President, is specifically authorized to execute
any such documents.
I HEREBY CERTIFY that the following are the Officers and Directors of the Company:
Kenneth Watson -President and Director
John Smith - Treasurer and Director
Bradley W. Rossway- Secretary
Peter A. Tedesko - Director
R. Bruce Albro - Director
Dr. William P. Cooney-Director
John D. Douglas - Director
Robert A. Martin - Director
Colin Bailey - Director
Sandra Divine -Director
Desmond T. Barry - Director
Donald Barr-Director
[Signature Page Follows]
oo•
4LLC Company Resolution 1807-004
DATED at the City of Vero Beach in the State of Florida, this 16th day of May, 2016.
"Company"
Bent Pine Golf Club, Inc.,
a Florida not-for-profit corporation
By: /
Bradley IRossway, Se ry
STATE OF FLORIDA )
ss:
COUNTY OF INDIAN RIVER )
I HEREBY CERTIFY that before me, a Notary Public, personally appeared Bradley W.
Rossway as Secretary of Bent Pine Golf Club, Inc., a Florida not-for-profit corporation, who did
acknowledge and swear before me that said person executed the foregoing instrument for the uses and
purposes therein set forth on behalf of said corporation. I further stta
hat (check one) I have
examined the current driver's license of the aforesaid person or m familiar with the identity of
the aforesaid person and have confirmed said person's identity.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at the County and
State aforesaid this day of May, 2016.
NOTARY PUBLIC, State of Florida
(Name: S herr? cSWzySd�1 )
My commission expires: f%2�2^/7 (Affix Seal)
,I"ry'' SHERRI SWANSON
+; += MY COMMISSION#A 042814
y a= EXPIRES:September 22,2017
' p� °°' Bonded Thru No q Pubrc Unde ers
Page 2 4 Corporate Res to Sell and Cert of Incumbency
Exhibit "A"
Parcel 1: Lots 10 and 11, Block 1, King's Music Lands, according to the map or plat thereof as
recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel
Indentification Number: 32-39-17-00002-0010-00010/0.
Parcel 2: Lot 13, Block 1, King's Music Lands, according to the map or plat thereof as recorded
in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Indentification
Number: 32-39-17-00002-0010-00013/0.
Parcel 3: Lot 14, Block 1, King's Music Lands, according to the map or plat thereof as recorded
in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Indentification
Number: 32-39-17-00002-0010-00014/0.
Parcel 4: Lots 15 and 16, Block 1, King's Music Lands, according to the map or plat thereof as
recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Identi-
fication Numbers: 32-39-17-00002-0010-00015/0 and 32-39-17-00002-0010-00016/0.
File Number•1807-004 Exhibit"A"
I
AUTHORIZATION TO PURCHASE
AND CERTIFICATE OF INCUMBENCY
I, Bob Solari, as Chairman of the Board of County Commissioners of Indian River County, a
political subdivision of the State of Florida (hereinafter referred to as the "County"), a political
subdivision duly organized and existing under and by virtue of the laws of the State of Florida,do hereby
certify that at a meeting of the Board of County Commissioners of said County in the State of Florida on
the 2nd day of February, 2016, at which meeting a quorum was present and voted, the Agreement to
Purchase and Sell Real Estate was approved.
WHEREAS, it is in the best interest of the County to approve the purchase of certain real
property described below owned by Bent Pine Golf Club, Inc., a Florida not-for-profit
corporation (hereinafter referred to as "Seller"):
See EXHIBIT"A" attached hereto and incorporated herein by reference.
Also known as: 5775,5745, 5735,5725, and 5715 58th Avenue,Vero Beach,FL 32967.
NOW,THEREFORE, be it resolved that the Deputy County Attorney and the Chairman
of this County be and said Deputy County Attorney and Chairman are hereby authorized and
instructed to do whatever may be necessary and appropriate to confirm and facilitate the purchase
of the Property from Seller and that said Deputy County Attorney and Chairman be and said
Deputy County Attorney and Chairman are hereby authorized and directed to execute in the name
and on behalf of this County such instruments, including necessary purchase and sale
agreements, assignments and affidavits and certificates, as may be necessary or proper to carry
into effect the Agreement to Purchase and Sell Real Estate; and William K. DeBraal, as Deputy
County Attorney, and Bob Solari, as Chairman, are specifically authorized to execute any such
documents.
I HEREBY CERTIFY that the following are the Commissioners of the County:
Bob Solari-Chairman
Joseph E.Flescher-Vice-Chairman
Wesley S. Davis-Commissioner
Tim Zorc-Commissioner
Peter D. O'Bryan-Commissioner
[Signature Page Follows]
4 Coro Res to Purchase and Cert oflneumbencv 1807-004 f
DATED at the City of Vero Beach in the State of Florida,this 16th day of May, 2016.
"County"
Indian River County,Florida
Board of County Commissioners
By: a/
Bob Solari, Chairman
STATE OF FLORIDA )
ss:
COUNTY OF INDIAN RIVER )
I HEREBY CERTIFY that before me, a Notary Public, personally appeared Bob Solari, as
Chairman of the Board of County Commissioners of Indian River County, a political subdivision of
the State of Florida,who did acknowledge and swear before me that said person executed the foregoing
instrument for the uses and purposes therein set forth on behalf of said County. I further state that
(check one) I have examined the current driver's license of the aforesaid person or x_I am
familiar with the identity of the aforesaid person and have confirmed said person's identity.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at the County and
State aforesaid this 17th day of May,2016.
i D;j—I low
OTARY P LIC, tate of Florida
(Name:Misty L. Pursel )
My commission expires: 1/11/18 (Affix Seal) � �pQRs
�� ......
#FF6 I
I
i
i
. _ d rAm Roe m Purchnce and Cert ntIncumbenev I
Exhibit "A"
Parcel 1: Lots 10 and 11, Block 1, King's Music Lands, according to the map or plat thereof as
recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel
Indentification Number: 32-39-17-00002-0010-00010/0.
Parcel 2: Lot 13, Block 1, King's Music Lands, according to the map or plat thereof as recorded
in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Indentification
Number: 32-39-17-00002-0010-00013/0.
Parcel 3: Lot 14, Block 1, King's Music Lands, according to the map or plat thereof as recorded
in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Indentification
Number: 32-39-17-00002-0010-00014/0.
Parcel 4: Lots 15 and 16, Block 1, King's Music Lands, according to the map or plat thereof as
recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Identi-
fication Numbers: 32-39-17-00002-0010-00015/0 and 32-39-17-00002-0010-00016/0.
File Number 1807-004 Exhibit"A"
AUTHORIZATION TO CLOSE
The undersigned hereby authorize the law firm of Rossway Swan Tierney Barry Lacey & Oliver, P.L. ("Closing
Agent"), to close the transaction wherein Bent Pine Golf Club, Inc., a Florida not-for-profit corporation
("Seller"), this date is selling 5775, 5745, 5735, 5725, and 5715 58th Avenue, Vero Beach, FL 32967, to
Indian River County, a political subdivision of the State of Florida ("Buyer"). The undersigned further
acknowledge that with respect to the services of the Closing Agent:
1. The Closing Agent, the law firm of Rossway Swan Tierney Barry Lacey & Oliver, P.L., represents only
Seller. Buyer is represented by William K. DeBraal, Deputy County Attorney.
2. The parties agree that the law firm of Rossway Swan Tierney Barry Lacey & Oliver, P.L., including its
partners, agents or employees have not provided either party with tax advice on the ramifications of the
transactions contemplated under the contract. The parties have previously been advised to consult with
their tax professionals regarding such transactions.
3. Any closing fee charged by Closing Agent to either party, if any, alone does not establish an
attorney/client relationship between said party and Closing Agent.
4. The undersigned hereby authorizes Closing Agent to procure and record all documents or instruments
required in order to facilitate the closing of the transaction on this date. The undersigned hereby certify
that they have carefully reviewed the Closing Disclosure or other settlement statement form and they
approve and agree to the payment of all fees, costs, expenses and disbursement as reflected on the
Closing Disclosure or other settlement statement form to be paid on their behalf. We further certify that
we have received a copy of the Closing Disclosure or other settlement statement.
S. Closing Funds. The parties hereby acknowledge and understand that in the event the certified funds
required by Buyer are not received by this office by 11:00 a.m. E.S.T. on the day of closing, Closing
Agent cannot guarantee available funds on that day to Seller. Although all best efforts will be made to
accommodate the parties, wire transfers of Seller's proceeds may not be able to be initiated on the date of
closing depending on when Buyer's funds are received by Closing Agent. Due to the complicated nature
of wire transfers, Buyer acknowledges that in order to positively assure wired funds will be credited to
Closing Agent's Trust Account on the day of closing, it is requested that wire transfers by Buyer
transmitting required funds for closing be initiated at least one(1) business day prior to closing.
6. Co-Tenancy Relationships. Buyer has carefully reviewed the instrument of conveyance (i.e. deed), and
recognizes that it is the sole responsibility of Buyer to secure independent legal counsel, if necessary, to
understand the legal implications of the applicable concurrent ownership established.
7. Anti-Coercion. The undersigned have signed the closing documents freely and voluntarily intending to
be bound thereby.
8. Errors and Omissions. The undersigned agree to cooperate with Closing Agent to correct technical
errors or deficiencies in the drafting of any document executed at closing. If because of error or
oversight, Closing Agent fails to collect sufficient funds at closing to pay all persons and entities entitled
to payment(including but not limited to, the proration or collection of real estate taxes; any collection of
payoffs for outstanding mortgages, impact fees, utilities or assessment liens; any charge for recording or
re-recording fees, documentary and/or intangible tax charge or other governmental charges; any charge
for payment of insurance premiums; any charge for payment of repairs, or inspections), the person or
entity responsible for such payment shall forthwith pay the additional funds to Closing Agent. Closing
Agent may file suit against the undersigned in the applicable County or Circuit Court to collect the funds,
in which event, the undersigned shall pay all costs and expenses incurred in such suit, including but not
limited to, reasonable attorney's fees. Furthermore, for and in consideration of Closing Agent disbursing
proceeds of this sale and to assure the accuracy of settlement statements, deeds, mortgages, and other
documents of closing in this transaction, the undersigned agree to cooperate, adjust, initial, re-execute,
and re-deliver any and all closing documents if deemed necessary or desirable in the reasonable
discretion of Closing Agent. It is the intention of the undersigned that all documentation for this
(Authorization to Close
File Number: 1807-004
transaction and all payments or disbursements made shall be an accurate reflection of the parties'
agreement, that each party should pay all costs and expenses contemplated by their agreement, and that
Closing Agent shall be relieved of the burdens of Section 697.10,Florida Statutes, by this Agreement.
9. Title Insurance. Buyer hereby represents that Buyer has received the commitment for title insurance
issued in conjunction with this transaction, and has had the opportunity to review the same prior to
closing, and has received copies of those instruments of record referenced in the commitment.
10. Survey. Buyer hereby represents that Buyer has obtained a survey in conjunction with this transaction, and
acknowledges that Buyer has had an opportunity to review the same prior to or at the time of closing this
transaction.
11. Suitability of Property and Improvements. Closing Agent has not made and does not make any inquiries,
investigations or representations as to the (i) physical condition, quality of construction of any
improvements and the quality of materials to be or already incorporated into any improvements; (ii)
expenses, operation, maintenance, profit, rents, loss or use to which the property or any part thereof may be
or has been utilized; (iii) merchantability and fitness of the improvements, buildings, or personal property
contained therein and included in the conveyance; (iv) condition of the property, which includes, but is not
limited to, latent and patent conditions, the presence or release of hazardous or toxic wastes, substance and
materials on or from the property or any adjoining property; subsoil conditions; storm water drainage
conditions. This provision is no way intended to limit the representations and/or warranties extended by
parties,other than Closing Agent, under law or the contract in conjunction with this transaction.
12. Estimate. Closing Agent strives to compile a precise and accurate settlement statement in conjunction with
the closing of this transaction. However, occasionally certain cost and expenses directly related to this
transaction are estimated and based on limited information available to Closing Agent at the time of
preparing the settlement statement, which results in settlement charges that exceed the actual charge (i.e.
cost of recording documents, cost of repairs and inspections, etc.). Due to the administrative burden and cost
of refunding monies to parties involved in the transaction, the policy of Closing Agent is only to reimburse
overpayments totaling more than twenty-five dollars ($25.00). Overpayments totaling such amount or less
shall be applied to offset additional post-closing administrative costs created by the overpayment and remain
the property of Closing Agent.
13. Tax Reassessment. Buyer should not rely on the amount utilized by Closing Agent in determining the real
estate tax proration as the tax amount Buyer will be obligated to pay in future years. A CHANGE IN
OWNERSHIP MAY TRIGGER REASSESSMENT of the Property to market value. Florida Law
(Amendment 10 to the Florida Constitution) provides an annual 3% maximum assessment increase on
homestead properties; the limitation applies only after the reassessment has been made (Amendment 10
Base Value). This limitation may have kept Seller's real estate taxes at or below market rate. To estimate a
homestead real estate tax obligation in the first year after purchase, reduce the purchase price of the
Property (assuming it is market value) by the $50,000 homestead exemption, then multiply the result by the
applicable real estate tax millage rate. Please contact the applicable Property Appraiser's Office or your
legal advisor should you have any questions regarding exemption and property valuation issues.
14. Homestead. Buyer acknowledges that, if this Property qualifies for homestead tax exemption, an application
must be filed with the county tax collector no later that the last day of February of the year immediately
following settlement, and that such filing is the sole responsibility of Buyer. If homestead exemption was
claimed on the Property by Seller at any time during Seller's ownership, then Seller acknowledges that the
granting of the exemption was proper, and if the homestead exemption is later denied, Seller will hold
Closing Agent and Buyer harmless from the payment of any additional tax or penalty assessed.
[Signatures To Follow]
]Authorization to Close -Page 2
File Number: 1807-004
i
i
The undersigned have read and understand the foregoing statements and agree to be bound by the terms herein.
Dated: May�3�2016 SELLER:
Bent Pine Golf Club,Inc.,
a Florida not-for-profit corporation
By: .7;6
Kenneth Watson,President
/i
Dated: May b ,2016 BUYER:
Indian River County,Florida
Board of County Commissioners ) l
Y
William K.DeBraal,
Deputy County Attorney
lAuthorization to Close -Page 3
File Number: 1807-004
Disclosure Statement
Privacy of Personal Information
Rossway Swan Tierney Barry Lacey & Oliver, P.L. knows that the privacy of the personal information that we receive
about you is important to you. We understand that you trust us to protect the confidentiality and security of that information.
The information that we collect about you is used only to provide the legal and fiduciary accounting services that you request
from us.Pursuant to the Gramm-Leach-Bliley Financial Modernization Act, Public Law Number 106-102,and the rule issued
by the Federal Trade Commission regarding Privacy of Consumer Financial Information, 16 Code of Federal Regulations Part
313, as amended from time to time, law firms, when providing certain services, may be categorized as financial service
providers and required to provide written notices regarding disclosure of non-public personal information.
This notice informs you of our privacy policy and describes how we treat the information that we receive about you.
Information We May Collect About You
Rossway Swan Tierney Barry Lacey& Oliver, P.L.collects nonpublic personal information about you only in connection
with providing you with the legal or fiduciary accounting services that you request. The types of nonpublic personal
inforination that we collect vary according to the services we perform for you,and may include:
Information that we receive from you (such as your name, address, social security number, income, assets, liabilities, and
other financial or household information);
Information about your relationship with us(such as the types of legal services we provide to you,your invoice balances,and
your payment history);and
Information that we receive, with your authorization, from third parties such as accountants, financial advisors, insurance
agents,banking institutions and others.
How We Handle Your Information
Rossway Swan Tierney Barry Lacey& Oliver,P.L.does not disclose any public or nonpublic personal information about
you that.you have provided to us to anyone outside of our firm,except as authorized by you or required by law.For example,
with your.consent,We may disclose personal information to a third-party contractor;.such as an appraiser or accountant,who
is assisting us in providing services to you.In addition,we will release information to the extent-required by law or regulation.
We-do not sell information about you to anyone or disclose information about you to.marketing companies.
How We Protect Your Information
We restrict iaccess to public and nonpublic personal information about you that you:have provided to us to those Rossway
Swan Tierney.Barry Lacey& Oliver,P.L. attorneys and staff members who need to-know;the.information to provide legal
or fiduciary accounting services to you. All Rossway Swan Tierney Barry Lacey &.Oliver,P:L. attorneys and employees
are required to maintain the confidentiality of all nonpublic personal information about you.We maintain physical,electronic,
.and procedural safeguards that comply with both federal law and:our more stringent professional standards to protect the
publicand nonpublic personal information that you have provided to us.
Attorney_Client Privilege
While.the foregoing federal laws and regulations establish rules and disclosure:requirements, they do not limit the attorney-
client privilege. or the confidentiality rules, when applicable, for information provided to attorneys. The privilege and
confidentiality. rules are governed by state law, the rules_imposed on attorneys under state law, and our ethics standards. In
circumstances where applicable federal laws might allow disclosure, we will continue to follow the stricter non-disclosure
rules.-of attorney-client privilege and client confidentiality,when applicable.
Initials of Seller: Initials of-Bt ye
I
E
File Number.1807-004 Pmeq Notice
i
C
i
i
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third
party unless the institution provides you with a notice of its privacy policies and practices, such as the
type of information that it collects about you and the categories of persons or entities to whom it may be
disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you
of the privacy policies and practices of OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY.
We may collect nonpublic personal information about you from the following sources:
- Information we received from you such as on applications or other forms
- Information about your transactions we secure from our files, or from our affiliates or
others.
- Information we receive from a consumer reporting agency.
- Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We may also disclose this information about our customers or former customers to the following types
of nonaffiliated companies that perform services on our behalf or with whom we have joint market
agreements:
1. Financial services provides such as companies engaged in banking, consumer finance, securities
and insurance.
2. Non-financial companies such as envelope stuffers and other fulfillment service
providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic and
procedural safeguards that comply with federal regulations to guard your nonpublic personal
information.
Buyer: Indian '"er County,Flo 'da Board of County Commissioners
By:
William K. DeBraal, Deputy County Attorney
c:t.u. ..1..r taMstu 101dRepab&cPdwcyNake i
INDEMNITY AGREEMENT
(Municipal/County Liens &Association Assessments)
File No: 1807-004 Old Republic National Title Insurance Company: 300907
THIS INDEMNITY AGREEMENT is entered into this 16th day of May, 2016, by Bent Pine Golf
Club,Inc.,a Florida not-for-profit corporation ("Indemnitor").
WHEREAS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, either directly or
through its agent, Rossway Swan Tierney Barry Lacey & Oliver P.L. (collectively the "Company"), has issued
a title insurance commitment(the"Commitment")to insure the property described to wit:
See EXHIBIT "A" attached hereto and incorporated herein by reference.
NOW THEREFORE, in consideration of the willingness of the Company to issue its title insurance
policy(the"Policy") based on the Commitment, Indemnitor agrees as follows:
1. Indemnitor hereby represents to the Company that there are no charges, assessments or liens for
the Property which are due and unpaid for the following items:
a. Service charges or liens for water, sewer or waste;
b. Special assessments in favor of any city or county; and
c. Assessments (regular or special) in favor of any homeowners' or condominium association
(collectively or individually, a"Lien").
2. Indemnity. Indemnitor (jointly and severally if more than one Indemnitor) hereby indemnifies
the Company and agrees to hold the Company harmless from and against any and all loss, costs, damages,
attorneys' fees and expenses of every kind and nature, which the Company may suffer, expend or incur by reason
of a Lien, including loss, costs, damages, attorneys' fees, and expenses incurred in actions brought to enforce this
Agreement.
3. Indemnitor's Duty to Defend. Indemnitor shall provide for the defense at Indemnitor's
expense, on behalf and for the protection of the Company and parties insured or who may become insured (but
without prejudice to the right of the Company to defend if it so elects), in all litigation or proceedings in which a
Lien is asserted, established or enforced against all or part of the Property, or interest therein.
4. Indemnitor's Duty to Remove Title Defect. Indemnitor agrees to pay, discharge, satisfy or
remove any lien within 10 days after receiving written notice from the Company to do so.
5. Company's Authority to Settle. Upon failure of Indemnitor to so act, the Company shall have
the right, at any time, when it shall deem it necessary or desirable, in its sole discretion, to pay, discharge, satisfy
or remove a Lien from the Property. Indemnitor covenants and agrees to reimburse the Company promptly on
demand for amounts so expended.
6. Reliance on Indemnity. Nothing contained herein shall be construed so as to obligate the
Company to issue the Policy. However, should the Company issue the Policy, it will do so in reliance upon the
undertaking of the Indemnitor set forth herein.
7. Jurisdiction. Indemnitor agrees to submit to the jurisdiction and service of any court of
competent jurisdiction.
File Number 1807-004 ]Indemnity Agreement
i
8. Counterparts and Originals. This Agreement may be executed in several counterparts, each of
which shall be deemed an original and such counterparts shall constitute and be one and the same instrument.
Copies of this executed Agreement shall have the same effect as an original.
9. Notice. Any notice permitted or required to Indemnitor shall be deemed given if sent to
Indemnitor at the following postal or e-mail addresses:
Addresses: Bent Pine Golf Club, Inc.
6001 Club House Drive
Vero Beach, FL 32967
E-Mail: brossway@rosswayswan.com
10. Governing Law. This Agreement shall be construed and enforced in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the Indemnitor has executed this Agreement effective the 16th day of May,
2016.
"INDEMNITOR"
Bent Pine Golf Club,Inc.,
a Florida not-for-profit corporation
By:
Kenneth Watson,President
State of Florida
County of Indian River
rt`
The foregoing instrument was sworn to and subscribed before me this day of May, 2016 by Kenneth
Watson of Bent Pine Golf Club, Inc., a Florida not-for-profit corporation, on behalf of the corporation.
He L] is personally known to me or [X] has produced a driver's licen :as identifi ation.
t
[Notary Seal] Notary Public
••
SHERRI SWANSON Printed Name: 5Inerr\ SW2NS.I
N'= MY COMMISSION II FF 042814
p a EXPIRES:September 22.2017
BondedThruNotaryPubliicUnde—Pers My Commission
Expires:
Page 2
File Number 1807-004 Hndemnity Agreement
Exhibit "A"
Parcel 1: Lots 10 and 11, Block 1, King's Music Lands, according to the map or plat thereof as
recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel
Indentification Number: 32-39-17-00002-0010-00010/0.
Parcel 2: Lot 13, Block 1, King's Music Lands, according to the map or plat thereof as recorded
in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Indentification
Number: 32-39-17-00002-0010-00013/0.
Parcel 3: Lot 14, Block 1, King's Music Lands, according to the map or plat thereof as recorded
in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Indentification
Number: 32-39-17-00002-0010-00014/0.
Parcel 4: Lots 15 and 16, Block 1, King's Music Lands, according to the map or plat thereof as
recorded in Plat Book 6,Page 17,Public Records of Indian River County, Florida. Parcel Identi-
fication Numbers: 32-39-17-00002-0010-00015/0 and 32-39-17-00002-0010-00016/0.
File Number 1807-004 Exhibit"A"
SPECIAL ASSESSMENT AFFIDAVIT
STATE OF FLORIDA )
) ss.
COUNTY OF INDIAN RIVER )
BEFORE ME, the undersigned authority, duly authorized in the State and County aforesaid to
take acknowledgments, personally appeared Kenneth Watson, as President of Bent Pine Golf Club,
Inc., a Florida not-for-profit corporation, who after being duly sworn deposes and says the
undersigned is the Owner of the following described property, to-wit:
See EXHIBIT "A" attached hereto and incorporated herein by reference.
PLEASE CHECK 1 OR 2
1. I HAVE received Notice of Utility, Paving, Water, Special, Impact,
Development, Waste and/or Sewer Assessment(s).
Please explain:
2. I HAVE NOT received Notice of Utility, Paving, Water, Special, Impact,
Development, Waste and/or Sewer Assessment(s).
Signed, sealed, and delivered in OWNER:
the presence of:
Bent Pine Golf Club, Inc.,
a Florida not-for-profit corporation
_4LIi �
(Name: M 2
c?F41-
By.
` —
(Name: Shercri SWamSo!j ) Kenneth Watson, President
SWORN TO AND SUBSCRIBED before me by Kenneth Watson, as President of Bent Pine
Golf Club, Inc., a Florida not-for-profit corporation, this 16th day of May, 2016, who did
acknowledge and swear before me that said person executed the foregoing instrument for the uses and
purposes therein set forth on behalf of said corporation. I further state that (check one) e I have
examined the current driver's license of the aforesaid person, or I am familiar with the identity of
the aforesaid person and have confirmed said person's identi
(My commission expires) -d-A-I'l NOTARY PUBLIC, State of Florida
(Name: c5 k e rt I' S of am S oYL )
.6.77;."' SHERRI SWANSON
=4 = MY COMMISSION 4 FF 042814
p•. EXPIRES:September 22,2017
�•;e••••'�''
Bonded Thru NOWY ubr.Undervrrders
Exhibit "A"
Parcel 1: Lots 10 and 11, Block 1, King's Music Lands, according to the map or plat thereof as
recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel
Indentification Number: 32-39-17-00002-0010-00010/0.
Parcel 2: Lot 13, Block 1, King's Music Lands, according to the map or plat thereof as recorded
in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Indentification
Number: 32-39-17-00002-0010-00013/0.
Parcel 3: Lot 14, Block 1, King's Music Lands, according to the map or plat thereof as recorded
in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Indentification
Number: 32-39-17-00002-0010-00014/0.
Parcel 4: Lots 15 and 16, Block 1, King's Music Lands, according to the map or plat thereof as
recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Identi-
fication Numbers: 32-39-17-00002-0010-00015/0 and 32-39-17-00002-0010-00016/0.
File Number 1807-004 Exhibit"A"
(American Land Tide Association Commitment Form-Adopted(6117106)(WNh Florida Modifications)
COMMITMENT FOR TITLE INSURANCE
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
MARKED UP
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the
"Company"), for a valuable consideration, commits to issue its policy or policies of title insurance,
as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or
mortgagee of the estate or interest in the Land described or referred to in Schedule A, upon
payment of the premiums and charges and compliance with the Requirements; all subject to the
provisions of Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six (6) months after
the Effective Date or when the policy or policies committed for shall issue, whichever first occurs,
provided that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be be valid or binding until countersigned by an authorized officer of
the Company or an agent of the Company.
In Witness Whereof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused
its corporate name and seal to be affixed by its duly authorized officers on the Effective Date
shown in Schedule A.
OLD REPUBLIC NATIONALTITLE INSURANCE COMPANY
A Stat Co.-Many
4M SecondAssr ue South Mimreayo&.Mimtasom 55401
(612J311-1111
By Prasideat
* * *
Attosi �-�5.�-'-� �( Ssrratary
FORM CF6(rev.12/10)(With Florida Modifications) Page 1 of 2
File Number.1807-004 DoubleTime®7.0.3
Old Republic National Title Insurance Company
COMMITMENT
Schedule A
I Effective Date: Agent's File Reference: Premium
M 016 Q 11:00 PM 1807-004 $29325
1. Policy or Policies to be issued: Proposed Amount of Insurance:
OWNER'S:ALTA Owner's Policy(6/17/06).(With Florida Modifications) $51,000.00
Proposed Insured: Indian River County,a political subdivision of the State of Florida
MORTGAGEE:ALTA Loan Policy(6/17/06).(With Florida Modifications) $N/A
Proposed Insured: NONE -
2. The estate or interest in the land described or referred to in this Commitment is FEE SIMPLE.
3. Title to the FEE SIMPLE estate or interest in the land is at the Effective Date vested in:
Bent Pine Golf Club,Inc.,a Florida not-for-profit corporation
4. The land referred to in this Commitment is described as follows:
Parcel 1: Lots 10 and 11, Block 1,King's Music Lands,according to the map or plat thereof as recorded in Plat
Book 6,Page 17,Public Records of Indian River County,Florida.
Parcel 2: Lot 13,Block 1,King's Music Lands,according to the map or plat thereof as recorded in Plat Book 6,
Page 17,Public Records of Indian River County,Florida.
Parcel 3: Lot 14, Block 1,King's Music Lands,according to the map or plat thereof as recorded in Plat Book 6,
Page 17,Public Records of Indian River County,Florida.
Parcel 4: Lots 15 and 16,Block 1,King's Music Lands, according to the map or plat thereof as recorded in Plat
Book 6,Page 17,Public Records of Indian River County,Florida.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
400 Second Avenue South,MlnneoyoRt,Minnesota 55401, (612)371-1111
Agent No.: 24430
Issuing Agent:
Rossway Swan Tierney Barry Lacey&Oliver P.L.
2101 Indian River Blvd.
Suite 200
Vero Beach,FL 32960
Agent's Signature
Kevin M.Barry
Partner
Page 1 of3
Form CF6 SCH.-A(rev.12110)(With Florida Modifications) DoubleTimeO 7.0.3
Old Republic National Title Insurance Company
COMAIMM r
Schedule B-I
Agent's File Reference:
1807-004 \ 'W
ed
I. ollowing are the requirements to be complied with:
1. Payme f the full consideration to,or for the account of,the grantors or mortgagors.
2. Instruments c ting the estate or interest to be insured which must be executed,delivered and filed for record:
A. Warranty Dee om Bent Pine Golf Club, Inc., a Florida not-for-profit corporation, to the proposed insured
purchaser(s).
3. Satisfactory evidence must furnished establishing that Bent Pine Golf Club, Inc., a Florida not-for-profit
corporation is duly organized,va existing,and in good standing under the laws of Florida(at date of acquisition
of the interest or lien on the insured prerty and at the present time,or at date of purchase and at date of sale).
4. Verified copy of bylaws must be checked fo ny provisions as to the powers of the directors and officers and any
procedure relating to the transaction to be insure .
5. Record resolution from the governing board consistent wi a bylaws authorizing the transaction and specifying the
officers who are to execute the instrument to be insured to be a hed to the instrument to be insured.
\`p 6. Compliance with Sec. 617.1201 or 617.1202, F.S., from members ' if the subject property constitutes all or
substantially all of the assets of the corporate grantor.
Page 2 or3
Form CF6 SCH.-B-1(rev.12110)(With Florida Modifications) DoubleTime®7.0.3
Old Republic National Title Insurance Company
COMMME rr
Schedule B-II
Agent's File Reference:
1807-004
II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
�J Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records
or attaching subsequent to the Effective Date hereof but prior to the date the Proposed Insured acquires for value of
record the estate or interest or Mortgage thereon covered by this Commitment.
2. a. General or special taxes+md-assessmeets required to be paid in the year 2016 and subsequent years.
Ob Rights or claims of parties in possession not recorded in the Public Records.
c. Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be disclosed by an
inspection or an accurate and complete land survey of the Land and inspection of the Land.
d. Easements,or claims of easements,not recorded in the Public Records.
Ce Any lien, or right to a lien, for services, labor, or material furnished, imposed by law and not recorded in the
Public Records.
�3 Any Owner's Policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse
ownership claim by the State of Florida by right of sovereignty to any portion of the Land insured hereunder,
including submerged,filled and artificially exposed lands, and lands accreted to such lands.
4. All matters contained on the Plat of King's Music Lands, as recorded in Plat Book 6, Page 17, Public Records of
Indian River County,Florida.
5. Easement recorded in O.R.Book 509,Page 524,Public Records of Indian River County,Florida.
Page 3 of 3
Form CF6 SCNB-H(rev.12110)(With Florida Modifications) DoubleTime®7.0.3
Conditions
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment
other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the
Company in writing, the Company shall be relieved from liability for any loss or damage resulting
from any act of reliance hereon to the extent the Company is prejudiced by failure to disclose such
knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the
Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim
or other matter,the Company, at its option, may amend Schedule B of this Commitment accordingly,
but such amendment shall not relieve the Company from liability previously incurred pursuant to
paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and
such parties included under the definition of Insured in the form of policy or policies committed for
and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the
form of policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as expressly modified
herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of
title or a report of the condition of title. Any action or actions or rights of action that the proposed
Insured may have or may bring against the Company whether or not based on negligence arising out
of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
S. The policy to be issued will contain the following arbitration clause:
Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules
of the American Arbitration Association may be demanded if agreed to by both the Company and
the Insured at the time of the controversy or claim. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the Insured arising out of or
relating to this policy,and service of the Company in connection with its issuance or the breach of
a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in
effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in
effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees
only if the laws of the state in which the Land is located permit a court to award attorneys'fees to
a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any
court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration
Rules.
A copy of the Rules may be obtained from the Company upon request.
FORM CF6(rev.12110)(With Florida Modifications) Page 2 of 2
DoubleT(me®7.0.3
Old Republic National
Tide Insurance Company
COMMMVIENT
FOR
TITLE INSURANCE
*
For information about coverage or
assistance in resolving complaints,
call (612) 371-1111.
Offices at
400 Second Avenue South
Minneapolis,Minnesota 55401