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HomeMy WebLinkAbout2014-097ALEASE AGREEMENT Thb;k*aseente[adintoonth|s day of , 2014 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. FLORIDA, a political subdivision of the State of Florida, 1801 27th Street, Vero BeGCh, Florida 32960, hereinafter called the "Landlord", and Brian R. Hood, 7715 66th Nienue, Vero BeaCh, Florida 32967. hereinafter called the ^TeDant", in consideration of the mutual promises and agreements set forth be|ovv, hereby agree as follows: WITNESSETH: 1. PROPERTY AND TERM. The Landlord hereby leases to the Tenant 6 acres, located at 7715 66th Avenue, Vero Beach, F)orida 32967, in the County of Indian River, Florida, more particularly described as follows: EXF-flBIT "A" IS ATTACHED HERETO AND MADE A PART HEREOF The term of the lease shall begin the day of the Closing and terminate 24 months after closing or no later than 60 days after advertisement of the bid to widen and improve the section of 60m Avenue near tenant's prernises, whichever occurs sooner. The County's right of entry onto the property shall begin upon termination of this lease. 1.1 Extension of Lease. This lease shaU not be extended beyond the stated term unless agreed upon by the Board of County Commissioners 30 days before expiration of this lease. If extended, a market -rate rent will be charged by the County. 1.2 Termination of Lease by Tenant. Tenant may opt out of this lease anytime during the lease period by providing written notice to Landlord as such. This lease shall terminate if the Tenant no longer resides in the leased premises. 2. USE OF PREMISES. During the term of this Lease, the Tenant shall use the leased premises for agricultural zoned uses, and for no other purpose. Tenant shall not use the pnarniaes, or any part thereof, or permit the same to be used for any iUega\, inlrnona|, or improper purposes; not to rnake, or permit to be nnedo, any dioturbonoe, noiSw, or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises. 3. PROPERTY LEASED "AS |S". Tenant agrees that the property is being leased "as is" and that Landlord makes no warranty or guarantee of the condition of the property or any of the improvements. Tenant has examined the premises and has determined that the premises are suitabTe for Tenant's purposes. 4. COMPLIANCE OF LAW. Tenant shall comply with all of the laws, ru|ea, ord)nanoao, and regulations of the Counb/. State and Federal Govarnrnents, and agencies regarding the use of the leased premises. Violation of any law, rule, ordinance or regulation may result in immediate termination of this lease. 1 ~~� y~~y��y�� =2.01 i Lf ~ t7 7 ` �. MAINTENANCE AND REPAIRS. Landlord shall not be responsible for repairs during the term of this lease. The Tenant agrees to make any and alt repairs and improvements to the leased premises and agrees to keep said premises in a safe, clean and attractive condition during the term of this Lease. Upon the expiration of the Lease, the Tenant shall surrender the premises quietly and peaceabty in substantiaUy the same condition as it was at the outset of this Lease. 6. PUBLIC UTILITIES. The Tenant will pay within time allowed for payment without penalties, all charges for water and electricity and all other public utilities which may arise from the Tenant's use of the leased property. The Tenant agrees to hold the LANDLORDharn|ams fromanyinterruption in the use andservicesof3Unh commodities. 7. HOLD HARMLESS. The Tenant agrees to hold harmless and indemnify Landlord from any liability which may arise from the Tenant's use of the leased 8. INSURANCE. The Tenant shall carry the following insurance coverage and shall furnish the Landlord a certificate of said coverage. 8.1 Renters Insurance. Tenant agrees to keep and maintain at ail times during the lease term, at Tenant's exp8mae, a renter's insurance policy protecting Landlord against any general liability policy protecting Landlord against all claims and demands that may arise or be claimed on account of Tenant's use of the premises in an amount of at least $100.000 for individual injuries and $200.000 per occurrence. The policy shall be written by a carrier licensed to do business in Florida 8.2. Special Requirements. Prior to the commencement of tenoncy, a certificate of insurance shall be provided to the Risk Manager for review and approval. The certificate shall provide for the foliowing: A. Indian River County shati be named as an "Additional Insured" on the general liability policy. B. Indian River County will be given thirty (30) days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified rnai|, return receipt naqueetod, and addressed to the Risk Manager. 8.3 Lapse in Coverage. If the tenant aliows insurance coverage required under this lease to lapse, expire or be canceled it shall be an immediate breach of the lease and grounds for eviction. S. MAINTENANCE OF EXTERIOR. Tenant agrees to mow grass and maintain the landscaping and shrubbery. Tenant agrees to maintain the automobile parking areas. 10. RIGHT TO INSPECT. The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition. 2 11. ASSIGNMENT OR SUBLEASE. Tenant shall not assign, sublease or transfer any part of this Lease without prior written consent of the Landlord which may be withheld for any reason. The Tenant shall not mortgage the leased premises. 12. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or litigation over the terms and conditions of this Lease, the prevailing party shall be entitled to all attorney's fees, costs and suit money expended to resolve that dispute. The Venue shall remain in Indian River County. 13. NOTICE. Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to Tenant at: Brian R. Hood 6001 N. Highway A1A PMB 8041 Vero Beach, FL 32963-8041 Such notices to Landlord shall be addressed as follows: IRC Public Works Department Attention: Louise Gates, LAS 1801 27th Street Vero Beach, Florida 32960 These addresses may be changed by either party by providing written notification to the other. 14. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from you county public health unit. This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404.056 for the purpose of public information and notification. 15. VIOLATION OF TERMS OF LEASE. If Tenant violates any of the covenants and conditions of this lease, then the Tenant shall become a Tenant at Sufferance, and in the event Tenant is evicted by suit at law, Tenant agrees to pay to Landlord all costs of such suit including a reasonable attorney's fee; that no assent, expressed or implied, to any breach of one or more of the covenants and agreements shall be deemed to be a waiver of any succeeding or other breach. IN WITNESS WHEREOF, we, the Landlord and Tenant, hereunto affixed our hands and seals at Vero Beach, Indian River County, Florida, the day and year first above written. ATTEJST: _ t,/ R. S By: roy: Ce Witn k of Court and Comptroller ed Name: 4 3( C STATE 0'1---FLORT1A COUNTY OF INDIAN RIVER BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ook ....... ... By: Pete . O'rvan. Chairman Date: J1317 1 1, -)01,1 Brian R. Hood Date 9 • 1Y Th fo egoing Lease wasracknowledg d before me this 4"-- day of .64), 2014, by . She/he is personally known to me or produced as identification. STAMP (name, Commissio and expiration dat Approved: (49 T) JASON A. BEAL Notary Public - State of Florida ily Com: T' Expires Oct 11, 2016 4, FE 836130 ved as cy: Pub ic Josep .1 A.Baird, County Administrator 4 illiam K. DeBraal Deputy County Attorney EXHIBIT A A parcel of iand situated and Iying(npart0ftheGouZheas 1/4 of Section 31. Township 31 South. Range 39 East, Indian River County. Florida, and being described as: The South 666.91 feet of the Eas437.15 feet of the South 55 acres of the Southeast 1/4 of Seckzn31' Township 31 South. Range 39 East, LESS AND EXCEPT the East 238.71 feet of the North 208.71 feet of the South 283.71 feet thereof, LESS AND EXCEPT the East 30.00 feet and the South 25.00 feet for road right-of-way, said land lying and being in Indian River County Florida. AND The East 238.71 feet of the North 208.71 feet of the South 283.71 feet of that certain parcel described as the Eas437.15 feet of the South 896.85 feet of the Southeas1/4 of Section 31, Township 31 South, Range 39 East, LESS AND EXCEPT the East 30 feet, said parcel being part of the Eas45 acres of the South 55 acres of the Southeas1/4 of Section 31, Township 31 South, Range 39 East, LESS AND EXCEPT the West 36 acres, all lying and being in Indian River Count, Florida. ACORD� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDJYYYY) 09/08/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Chaisteli Group 5400 S. University Drive Ste. 405 Davie FL 33328 INSURED Hood Landscaping LLC 6001 N A1A PMB 8121 Vero Beach FL 32963 CONTACT NAME: Rick DeTagle PHONE No, Ext): (954) 583-3838 Aly, E-MAIL k ADDRESS: Rick@thecgins.com INSURER(S) AFFORDING COVERAGE INSURERA: UNITED NATIONAL INSURANCE CO —FFAX ' (NC No): (954) 583-3898 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : NAIC # COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCEL TION INDIAN RIVER COUNTY 1801 27th Street Vero Beach THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF PERTAIN, POLICIES. WD INSR INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED TERM OR CONDITION OF ANY CONTRACT OR OTHER THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SUBA I POLICY EFF POLICY EXP WVD I POLICY NUMBER (MMIDD/YYYY) IMM/DD/YYYY) NAMED ABOVE FOR THE DOCUMENT WITH RESPECT HEREIN IS SUBJECT TO LIMITS POLICY PERIOD TO WHICH THIS ALL THE TERMS, INSR'AL LTR I TYPE OF INSURANCE A GENERAL LIABILITY ' /� COMMERCIAL GENER_AL_LIABILITY�� USA4041182 02/08/2014 1 02/08/2015 1 EACH OCCURRENCE $ 1,000,000.00 PRMTO RENTED GE PREMISES (Ea occurrences 4 $ 100,000 00 CLAIMS -MADE X1 OCCUR MED EXP (Any one person) $ 5,000.00 GEN'L XPOLICYII PERSONAL & ADV INJURY " GENERAL AGGREGATE $ 1,000,000.00 $ 2,000,000.00 $ Included $ AGGREGATE LIMIT APPLIES PER JECT -1 LOC PRODUCTS - COMP/OP AGG I . AUTOMOBILE -_� LIABILITY ANY AUTO ALL OWNED r I SCHEDULED AUTOS AUTOS HIRED AUTOS , NON -OWNED,, 1 COMBINED SINGLE LIMIT , (Ea accident) $_. -_ $ $ $ - — BODILY INJURY (Per person) BODILY INJURY (Per accident) I PROPERTY DAMAGE 1{Peracadentl_ I UMBRELLA LIAB -{ OCCUR I EXCESS LIAB I CLAIMS -MADE EACH OCCURRENCE $ $ $ AGGREGATE ` DED RETENTION $ WORKERS AND 'ANY OFFICER/MEMBER (Mandatory yes,describe DESRIPTION COMPENSATION EMPLOYERS" LIABILITY YIN N J A I 1If f : WC STATU- 10TH -1 ER _ $ , E L EACH ACCIDENT , PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? - -- — — - - - E L DISEASE - EA EMPLOYEE --- $ - -- _ - __--- $ in NH) under OF OPERATIONS below -- ' " — E L DISEASE - POLICY LIMIT I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) LOCATION: 7715 66th Ave VERO BEACH, FL 32967 *PLEASE NOTE: CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. CERTIFICATE HOLDER CANCEL TION INDIAN RIVER COUNTY 1801 27th Street Vero Beach FL 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Atlantic Coastal Land Title Company, LLC 855 21' St., Suite C. Vero Beach, Florida 32960 772-569-4364 1g FAX 772-569-8688 SEP 1 1 2014 September 9, 2014 William K. DeBraal. Deputy County Attorney Indian River County Attorney's Office 1801 27th Street Vero Beach, Florida 32960 Re: Our File Number - 44081063 Hood to IR County Dear Bill: In connection with the above referenced transaction, enclosed please find an original buyer signed Lease Agreement. Thanks again for allowing us to handle this transaction, and please let me know if you need anything further. Sincerely. A. Beal anaging Director WWW. atlanticcoastal.com 3120140053578 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2787 PG: 1863 Page 1 of 2 9/11/2014 2:06 PM D DOCTAX PD $0.70 This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to: Jason A. Beal Atlantic Coastal Land Title Company, LLC 855 21' St., Suite C Vero Beach, Florida 32960 ACLT File Number: 44081063 Parcel ID Number: 31-39-31-00000-7000-00011.0 GENERAL WARRANTY DEED This deed, made as of this 8th day of September, 2014, by Brian R. Hood, also known as Brian Hood (as Grantor); and Indian River County, a political subdivision of the State of Florida, whose post office address is: 1801 27th St., Vero Beach, FL 32960 (as Grantee); (Wherever used herein, the terms "grantor" and "grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the context so admits or requires.) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 in hand paid by grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: A parcel of land situated and lying in part of the Southeast 1/4 of Section 31. Township 31 South. Range 39 East, Indian River County. Florida, and being described as: The South 666.91 feet of the East 437.15 feet of the South 55 acres of the Southeast 1/4 of Section 31, Township 31 South. Range 39 East, LESS AND EXCEPT the East 238.71 feet of the North 208.71 feet of the South 283.71 feet thereof, LESS AND EXCEPT the East 30.00 feet and the South 25.00 feet for road right-of-way, said land lying and being in Indian River County Florida. AND The East 238.71 feet of the North 208.71 feet of the South 283.71 feet of that certain parcel described as the East 437.15 feet of the South 896.85 feet of the Southeast 1/4 of Section 31, Township 31 South, Range 39 East, LESS AND EXCEPT the East 30 feet, said parcel being part of the East 45 acres of the ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency South 55 acres of the Southeast 1/4 of Section 31, Township 31 South, Range 39 East, LESS AND EXCEPT the West 36 acres, all lying and being in Indian River Count, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same). Pursuant to Rule 12B-4.013(4), F.A.C., this deed is given to a governmental agency under threat of condemnation or as a part of an out-of-court settlement of condemnation proceedings and is not subject to tax The grantor herein warrants and avers that grantor does not reside on the lands conveyed hereby, nor on contiguous land; nor does any member of grantor's family dependent upon grantor for support. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: 4 crj Stat of FLORID County ofJNDIAI', RIVER The foregoing instrument was acknowledged before me the date hereinafter given, by Brian R. Hood; who was/were either personally known to me; or produced identification of sufficient character so as to identify said individual(s) with reasonable certainty; and who did/did not take an oath. Brian R. Hood 6001 N Highway AIA, PMB 8041 Vero Beach, FL 32963 Witness my hand and official seal in the County and State last aforesaid, this 8th day of September, 2014. ,! SON A. BEAL °.,, ,L - S?;;tn o, My _onoEx; .ic: t' Comoussicn N EE 1 • ^raup Nattona; Notary Public ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency WESTCOR L POLICY NO. OP-25-FL1394-3882956 OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) ISSUED BY WESTCOR LAND 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, Westcor Land Title Insurance Company, a California 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: 1. 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. COVERED RISKS CONTINUED ON NEXT PAGE In Witness Whereof, WESTCOR LAND 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 signa- tory of the Company. Issued By: FL1394 * 44081063 Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, FL 32960 WESTCOR LAND TITLE INSURANCE COMPANY o /7,q?�e. Westcor lQ, (u/ Lind Tide A'— o insurance \\..,,,,,s. .' Company ��1993 By: Attest: OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 1/26/11) Page 1 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 zon- ing) 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. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment 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 ajudgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or at- tached 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, regulat- ing, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improve- ment 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 Re- cords 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 sus- tained 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. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 1/26/11) Page 2 CONDITIONS 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. (j) ""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 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 war- ranties 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 (1) 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 (1) in case of any litigation as set forth in Section 5(a) of these Condi- tions, (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. 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 11 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, con- solidation, 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. (3) if the grantee is wholly-owned by an affiliated En- tity of the named Insured, provided the affiliated Entity and the named Insured are both wholly- owned by the sane 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. (t) "Knowledge" or "Known": Actual knowledge, not construc- tive 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 improve- ments 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 secu- rity instrument, including one evidenced by electronic means authorized bylaw. (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 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 OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 1/26/11) Page 3 CONDITIONS - CONTINUED 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 Cornpany may take any appropri- ate 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. Ifthe 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 ofany action or proceed- ing 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 Ensured 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 representa- tive 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, tapes, and videos whether bearing a date before or atter Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any 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 ofa third party that reasonably pertain to the loss or dam- age. 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. OP'T'IONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY in case ofa 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 OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Moddiea 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 \Vith 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 Claim- ant 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 Nvith the insured Claimant the loss or damage provided for 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 and that the Company is obligated to pay. I iron 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 li- ability or obligation to defend, prosecute, or continue any litigation. S. DETERMINATION AND EXTENT OF LIABILITY This poliey 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) "[he 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 Con- ditions and is unsuccessful in establishing the Title, as insured, (1) the Amount of insurance shall he 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. (e) in addition to the extent of liability under (a) and (b), the ('om- pany will also pay those costs, attorneys' tees, and expenses in- curred 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 ofa right ofac- cess 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. sl (1-VLTIC F.diiion 1/26/111 Page 4 (b) In the event of any litigation, including litigation by the Com- pany or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final deter- mination 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 set- tling any 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 Com- pany 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 atter 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 Com- pany 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. 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 alter 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 law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration As- sociation may be demanded if agreed to by both the Company and the insured at the time of a controversy or claim. Arbitrable mat- ters 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 it' the laws of the state in \vhich 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 ofthis policy. this policy shall be construed as a whole. (b) Any claim ()floss 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. (e) Any amendment of or endorsement to this policy must he in writing and authenticated by an authorized person, or expressly incorporated by Schedule A ofthis 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 provi- sions. Except as the endorsement expressly states, it docs 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. (h) Choice of Forum: Any litigation or other proceeding brought by the Ensured against the Company must be filed only in a state or federal court within the United States ofAmerica 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: 875 Concourse Parkway South, Suite 200, Maitland, El, 32751 . OP -25 ALTA Owners Policy of Title insurance 6-17-06 (with FLORIDA Modifications) t WL t1C Edition 1 /26/1 1) Page 5 OWNER'S POLICY OF TITLE INSURANCE (With Florida Modifications) WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE HOME OFFICE 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone: (407) 629-5842 WESTCOR LAND TITLE INSURANCE COMPANY Owner's Title Insurance Policy Note: This policy consists of insert pages labeled "Schedule A" and "Schedule B" and is of no force or effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages. SCHEDULE A Agent's File No: 44081063 Policy No: OP -25 -FL -1394-3882952 Effective Date: September 11, 2014 at 2:06 PM Amount of Insurance: $ 282,000.00 Address: 7715 66TH Ave., Vero Beach, FL 1 The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is: Indian River County, a political subdivision of the State of Florida 2. In addition to those referred to in Schedule B hereof, the land herein described is encumbered by the following mortgage(s), and assignments thereof (if any): None! 3. The land referred to in this policy is situated in the County of Indian River, State of Florida, and is described as follows: A parcel of land situated and lying in part of the Southeast 1/4 of Section 31. Township 31 South. Range 39 East, Indian River County. Florida, and being described as: The South 666.91 feet of the East 437.15 feet of the South 55 acres of the Southeast 1/4 of Section 31, Township 31 South. Range 39 East, LESS AND EXCEPT the East 238.71 feet of the North 208.71 feet of the South 283.71 feet Poll - Policy Insert Page 1 WESTCOR LAND TITLE INSURANCE COMPANY Owner's Title Insurance; Policy thereof, LESS AND EXCEPT the East 30.00 feet and the South 25.00 feet for road right-of-way, said land lying and being in Indian River County Florida. AND The East 238.71 feet of the North 208.71 feet of the South 283.71 feet of that certain parcel described as the East 437.15 feet of the South 896.85 feet of the Southeast 1/4 of Section 31, Township 31 South, Range 39 East, LESS AND EXCEPT the East 30 feet, said parcel being part of the East 45 acres of the South 55 acres of the Southeast 1/4 of Section 31, Township 31 South, Range 39 East, LESS AND EXCEPT the West 36 acres, all Lying and being in Indian River Count, Florida. Countersigned: Authorized Signatory ATLANTIC COASTAL LAND TITLE COMPANY, LLC 855 21" St., Suite C, Vero Beach, Florida 32960 Telephone: 772-569-4364 Poll - Policy Insert l'age 2 WESTCOR LAND TITLE INSURANCE COMPANY Owner's Title Insurance Policy Agent's File No: 44081063 Policy No: OP -25 -FL -1394-3882952 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: GENERAL EXCEPTIONS: 1. (a) Any encroachment, encumbrance, violation, variation, or adverse circumstances 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 on the Land of the existing improvements located on adjoining land. (b) Easements, or claims of easements, not shown by the public records. (c) If the land described herein abuts a river, lake, stream or other waterway --- the nature and extent of riparian and/or littoral rights, title to any portion of the land which is submerged, title to any portion below the mean high water mark of a tidal waterway, and title to any portion which consists of "filled-in lands"; and/or any claim that any portion of said lands are sovereign lands of the State of Florida. (d) Taxes or special assessments which are not shown as existing liens by the public records. SPECIAL EXCEPTIONS: 2. The mortgage referred to in item 2 of Schedule A hereof, if any. 3. General and special real property taxes and assessments for tax year 2014 and subsequent years. 4. Declaration of Unity of Title recorded in Official Records Book 1553, Page 2264, of the Public Records of Indian River County, Florida. 5. Existing unrecorded leases and all right thereunder of the lessees and of any person claiming by, through or under lessees. 6. Anything to the contrary notwithstanding, this policy does not attempt to set out in the manner in which all the oil, gas and minerals in, on or under the property described in Schedule A are now vested, and this policy does not insure any oil, gas or minerals in, on or under the property described in Schedule A, nor any rights or easements in connection Pol I - Policy Insert Page 3 WESTCOR LAND TITLE INSURANCE COMPANY Owner's Title Insurance Policy therewith. Element of coverage 3b of the Florida Form 9 comprehensive Endorsement issued herewith, if any, shall not apply with respect to this item. In accordance with Title 42 United States Code, Section 3604, any covenants, conditions or restrictions referred tol herein, which indicate any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, are hereby deleted. Note 1: This policy does not insure against loss or damage arising as the result of unpaid charges for public utilities furnished by any county, municipality, or public service corporation, which may be or may become a lien upon the land insured hereby under any provision of the Florida Statutes including Section 159.17; and/or any county, municipal, or special taxing district assessment, including those levied under the provisions of Chapter 190, Florida Statutes. Note 2: All references herein to recorded instruments, refer to recordations contained within the Public Records of the county in which the land is located. Reference to instruments among the Public Records refer to the first recorded page of the instrument, but include by reference all pages recorded under the Clerk's File Number assigned to the instrument referred to. Poll - Policy Insert Page 4 EXHIBIT "A" LEGAL DESCRIPTION Two strips of land for road right of way purchase situated in part of the West 20.86 acres of Tract 13 of Section 20, Township 33 South, Range 39 East, Indian River County, Florida, being described as follows: The East 23.00 feet of the West 68.00 feet of the following described parcel: The West 20.86 acres of Tract 13, except the East 60 feet thereof, Section 20, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company Subdivision, recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, less and except the West 45.00 feet thereof and less and except the South 130.00 feet thereof, said land now lying and being in Indian River County, Florida; and The North 70.00 feet of the South 130.00 feet of the following described parcel: The West 20.86 acres of Tract 13, except the East 60 feet thereof, Section 20, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company Subdivision recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, less and except the West 45.00 feet thereof, said land now lying and being in Indian River County, Florida; The side lines of the above described roadway right of way segments to be shortened or prolonged to meet at angle points, right of way lines and boundary lines. The above described road right of way containing 68,015.20 S.F. and A triangular parcel of land (corner clip) for road right of way dedication situated at the Northeast intersection of 66th Avenue/C.R. 615 and 9th Street SW/Oslo Road/C.R. 606, being a part of the West 20.86 acres of Tract 13, Section 20, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company Subdivision recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, said land now lying and being in Indian River County, Florida, being more particularly described as beginning at the point of intersection of the North line of the South 130.00 feet and the East line of the West 68.00 feet of said West 20.86 acres, run North 00°16'08" East and parallel with the West line of said Section 20 and West line of Tract 13, a distance of 40.00 feet; thence run South 44°36'50" East through aforesaid 20.86 acre parcel, a distance of 56.68 feet to a point on the aforesaid North line of the South 130.00 feet, said point being South 89°29'49" East 40.00 feet from the point of beginning; thence run North 89°29'49" West and parallel with the South line of said Section 20 and South line of Tract 13, a distance of 40.00 feet to the point of beginning. The above described road right of way corner clip containing 800.00 S.F.