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HomeMy WebLinkAbout2014-097Original 0 7/15/ I ii 8.G'. .4D /y _07 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND THREE DOGS & A HORSE, LLC AND THE AUDREY GRAVES SEXTON TRUST THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 15 day of July, 2014, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Three Dogs & A Horse, LLC, and the Audrey Graves Sexton Trust U/A/D May 31, 2005, who agree as follows WHEREAS, Three Dogs & A Horse, LLC (Three Dogs) owns an 11 98 acre parcel of property located at the corner of 66th Avenue and 9th Street SW, Vero Beach, Florida An aerial photo of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein, and WHEREAS, the Audrey Graves Sexton Trust U/A/D May 31, 2005 (the Trust) owns a 5 0 acre parcel of property located on 66th Avenue south of 9th Street, SW Vero Beach, Florida An aerial photo of the property is attached to this agreement as Exhibit "B" and incorporated by reference herein; and WHEREAS, Audrey Graves Sexton is the sole managing members of Three Dogs & a Horse, LLC and she is also the Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005; and WHEREAS, Three Dogs has submitted a site plan application to the County to construct a building on Three Dog's property. As a condition of site plan approval, Three Dogs has agreed to dedicate, without compensation, a 5,758 78 square foot portion of its property to the County to be used as right-of-way as required by County Code, and WHEREAS, the County is scheduled to expand 66th Avenue and 9th Street SW in the future and the road expansion will impact both the Three Dogs and the Trust properties, and WHEREAS, in order for the County to proceed with its road expansion plans. the County needs to purchase property to be used as right-of-way from Three Dogs and the Trust. and WHEREAS, after negotiations with the County. Three Dogs and the Trust and has agreed to sell to the County the needed right-of-way of approximately 68,815.20 square feet or 1 58 acres of property as depicted on Exhibit "C" (the ROW Property) as the ROW property extends upon both Three Dogs and the Trust Properties Also depicted on Exhibit 1 Original "C" is a dedication of property (Dedication Property) to Indian River County from Three Dogs, (5,758.78 square feet). The ROW Property and Dedication Property hall collectively referred to as the Property; and WHEREAS, Three Dogs, the Trust and the County wish enter into this agreement for sale, purchase and dedication of the Property; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the County and Three Dogs and the Trust agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein 2 Agreement to Purchase and Sell. Three Dogs and the Trust (Sellers) hereby agree to sell to the County, and the County hereby agrees to purchase from Sellers, upon the terms and conditions set forth in this Agreement that certain parcel of real property located on the northeast corner of 66th Avenue and 9th Street SW, Vero Beach, Florida and more specifically described in the sketch and legal description attached as Exhibit "C", fee simple, containing approximately 68,815.20 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (the "ROW Property"). 3. Agreement to Dedicate. Three Dogs agrees to dedicate to the County, and the County hereby agrees to accept from Three Dogs a 5,758.78 square foot parcel of property dedicated as a condition of site plan approval, also shown on Exhibit "C", fee simple, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (the "Dedicated Property"). 3.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the ROW Property shall be $31,655 (Thirty -One Thousand Six Hundred Fifty -Five Dollars), 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, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 4. Title. Sellers 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"). 4.1 County may order an Ownership and Encumbrance Report or Title Insurance 2 Original Commitment with respect to the Property County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Sellers 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 Sellers cure the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period") Sellers shall use its 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) to 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. 5. Representations of the Sellers. 5.1 Sellers are 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 Hens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Sellers 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. 4.3.1 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. 3 Original 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 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. (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: 4 Original 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. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 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. 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Three Dogs: Three Dogs & A Horse, LLC Attention: Audrey Graves Sexton 4555 13th Street, SW Vero Beach, FL 32968 If to the Trust Audrey Graves Sexton Trust c/o Audrey Graves Sexton, Trustee 4555 13th Street SW Vero Beach, FL 32968 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Louise Gates Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either 5 Original 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. 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2. 810 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286 23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. THREE DOGS & A HORSE, LLC Audrey Graves Sexton, MGRM AUDREY GRAVES SEXTON TRUST U/A/D MAY 31, 2005 L . ,N�111th `u By: Audrey Graves Sexton, Trustee 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairm Approved by BCC ATTEST. Jeffrey R. By: pproved: July 15, 2014::;• • Clerk of Court a . Compt •Iter Deputy Clerk ra .\ C. seph . Baird, County Administrator Approved as to Form and Leal ffici Ham K. DeBraal Deputy County Attorney 7 Original Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print Back EXUIBtT "A Indian River County GIS 1 33300000010130011004.0 1,, ParcelID OwnerName PropertyAddress 33392000001013000004.0 THREE DOGS & A HORSE 870 66TH AV SW VERO BEACH, FL LLC 32968 Notes httn•/AvunAl irrna nra/PrintTVian acnx (,/1217(114 ' Indian River Co.unty, Florida Progecty_.Appraiser - Printer Friendly Map Page 1 of 1 l- El- ! Print I Back Indian River County GIS '.:,4139Z00,00010130(10,00111,, ParcelID OwnerName PropertyAddress 33392000001013000001.0 SEXTON AUDREY GRAVES 840 66TH AV SW VERO BEACH, FL (TR) 32968 Notes httnr//www irrna nro/PrintMan acrx 6/12/2014 WEST 45.0' WEST 53.0' 0 0 L11 Ln O CO 0 0 Nr 0 t_1 Lit H z W 2 UD CCS 25.0' o �0. �Nr 0 0 N W K w O 0 0 c / 41 o w co ood o (xi t7) CC '0 Z0 IZ ~ EAST 23 0' WEST R.O.W. UNE OF 66TH A EAST UNE OF EAST 23.00 ILEI OF WEST 68.00 FEET OF WEST 20.86 ACRES WEST 20.86 ACRES PARCEL CORNER CLIP ADDITIONAL RIGHT OF WAY PURCHASE '8• FUTURE NORTH R.O.W. UNE OF 9TH ST. SW, (OSLO ROAD) 20.0' 0 10 20 SCALE: (1 'nth = 20 Feet) THIS 1S NOT A BOUNDARY SURVEY o o N 8529'49" W 40.00' S 89'29'49" E 23.00' NORTH LINE OF NORTH 70.00 FEET OF SOUTH 130.00 FEET OF WEST 20.86 ACRES, LESS WEST 43.00 FEET THEREOF 0 O 0 0 10.00' ADOmONAL ROAD \ R.O.W. DEDICATION NORTH R.O.W. UNE OF 9TH STREET / 1 = SW. / OSLO ROAD I- O '7) • 0s 80 0 9 H STREET (COUNT 601109 20 5EC1109 29 L l mat ORIGINAL NORTH R.0.W UNE OF N.)(-) 9TH STREET SW. / OSLO ROAD O - O_ In CO SW — OSLO ROAD Y ROAD 606) SECTION UNE AND SOUTH LINE OF TRACT 13 \ 30.0' ROAD R.0 W PER INDIAN RIVER FARMS COMPANY SUBOMSION PLAT BOOK 2, PAGE 25, ST LUCIE COUNTY, FLORIDA AI CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET, VERO BEACH, FL 32960 TEL1 (772) 862.4191 FAX. (772) 562-7180 DATE 02252014 PR011 1341E wur.,+r VSC APP0,5Y 15: Plot EY P.*QcVvv. RO 1t FB.&PG - SKETCH AND DESCRIPTION ROAD RIGHT OF WAY DEDICATION AND PURCHASE SITUATED IN PART OF THE WEST 20.88 ACRES OF TRACT 13 SECTION 20, T 33 S. R. 39 E., INDIAN RIVER COUNTY, FLORIDA SHEET 30F3 Dw.. s: 10613-4 EXHIBIT " C DESCRIPTION OF ROADWAY RIGHT OF WAY PURCHASE 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' (ROAD RIGHT OF WAY FOR 66TH AVENUE C.R. 615) 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, _ESS 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 (ROAD RIGHT OF WAY FOR OSLO ROAD 19TH STREET SW / C.R. 600) 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, rLORIDA, 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 ANO BOUNDARY LINES. THE ABOVE DESCRIBED ROAD RIGHT OF WAY CONTAINING 68,015.20 S.F DESCRIPTION OF ROADWAY RIGHT OF WAY CORNER CLIP PURCHASE A TRIANGULAR PARCEL OF LAND (CORNER CLIP) FOR ROAD RIGHT OF WAY DEDICATION SITUATED AT THE NORTHEAST INTERSECTION OF 66TH AVENUE i 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 69.00 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 OE 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 69'29'49" 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 T THE POINT OF BEGINNING. THE ABOVE DESCRIBED ROAD RIGHT OF WAY CORNER CLIP CONTAINING 800.00 S.F DESCRIPTION OF ROADWAY RIGHT OF WAY DEDICATION (ROAD RIGHT OF WAY FOR OSLO ROAD /9TH STREET SW / C.R. 609) THE NORTH 10.00 FEET OF THE SOUTH 60.00 FEET OF THE FOLLOWING DESCRIBED PARCEL. THE WEST 20.8E ACRES OF TRACT 13, EXCEPT THE EAST 60 FEET THEREOF, SECTION 20, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORCING 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 1N INDIAN RIVER COUNTY, FLORIDA, THE SIDE LINES OF THE ABOVE DESCRIBED ROADWAY RIGHT OF WAY SEGMENT TO SE SHORTENED OR PROLONGED TO MEET AT ANGLE POINTS, RIGHT OF WAY LINES AND BOUNDARY LINES. THE ABOVE DESCRIBED ROAD RIGHT OF WAY CONTAINING 5,758 78 S F SURVEYOR'S NOTES: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND )S NOT VALID. 2. A MINIMUM SEARCH WAS MADE OF THE PUBLIC RECORDS BY THIS FIRM OR SURVEYOR FOR RIGHTS-OF-WAY, NO SEARCH WAS MADE OF THE PUBLIC RECORDS BY THIS FIRM OR SURVEYOR FOR RESERVATIONS, EASEMENTS AND RESTRICTIONS OF RECORDS. 3. ANY EXISTING IMPROVEMENTS, FOUNDATIONS AND UNDERGROUND UTILITIES WERE NOT OBSERVED OR RECORDED FOR THIS SKETCH AND DESCRIPTION. 4. BEARINGS SHOWN ARE BASED UPON NAD83/2007 FLORIDA EAST ZONE (901). THE BEARING OF NORTH 00196"08" EAST ALONG THE WEST LINE OF TRACT 13 AND WEST LINE OF SECTION 20, T 33 S., R. 39 E. 5, THIS MAP IS A SKETCH AND DESCRIPTION OF ROAD RIGHT OF WAY DEDICATION AND PURCHASE. A BOUNDARY SURVEY WAS NOT PERFORMED TO DELINEATE THE BOUNDARY LIMITS OF SAID DEDICATION, 6. THE DESCRIPTION SHOWN HEREON WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER AS DIRECTED BY THE CLIENT LEGEND 0 R.B. OFFICIAL RECORD BOOK R.O.W RIGHT OF WAY OR RIGHT OF WAY DATA I.R.CO. FL. INDIAN RIVER COUNTY, FLORIDA S.L.CO FL. ST LUCIE COUNTY. FLORIDA PG, PAGE P O.B. POINT OF BEGINNING (0) OBSERVED DATA (0) DEED CALL (C) CALCULATED DATA (R) RECORD DATA THIS IS NOT A BOUNDARY SURVEY CAI CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET, VERO BEACH, FL 32960 TEL. (772) 562-4191 FAX: (772) 562-7180 DA -E 0212S'254 PRO, / 1171E DRAM 91 FSC APPO 61' FY. CLOT 6V REF. 66.APG - CERTIFIED 70' INDIAN RIVER COUNTY, FLORIDA FRANK S CAI. LB CUCCURESE, FL. PSM 47�65�/ /// 205 SIGNATURE DATE. l C ,y SKETCH AND DESCRIPTION ROAD RIGHT OF WAY DEDICATION AND PURCHASE SITUATED IN PART OF THE WEST 20.86 ACRES OF TRACT 13 SECTION 20, 7. 33 S., R 39 E., INDIAN RIVER COUNTY, FLORIDA SHEET 1 OF 3 o.,1 4. 13613-A 89128'14" w 3.0O' NORTH UNE 1 1 TRACT 13 WEST 45.00' 9 B 0 EAST 23.00' WEST 68.00' 0 ROAD R.O.W. THE EAST 20.00 FEET OF THE WEST 4500 FEET OF 3 114E WEST 20.86 ACRES OF TRACT 13 03 (ORB. 0962, PAGE 0210, o 1.6.00,, FL.) co V t (1 WEST 45.90' 120 30 0 XI 0= L. N Oo •- W 0 ) O W pa c N <Q CO CO Li 03 0 I, 3 0 - — N r2Wce / ti 30' WIDE ROAD 61GRT-OF-WAY PER 1,101AN RIVER FARMS COMPANY 5000165100 IH (PUT 6009 2, PACE 25 PUB1/0 53006)05 OF S.LCO., FL) EAST 23.00' WEST 68,00' S 89'29'49" E 23.00' CORNER CLIP ADDITIONAL RICHT OF WAY PURCHASE (SEE SHT 3 OF 3) 2-g foo oC o= t 0 50 100 SCALE. (1 inch - 100 Feet) SECTION UNE & — 50UTH UNE TRACT 13 THIS 15 NOT A BOUNDARY SURVEY R,JO(-YU U -U ;AI" CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET, VERO BEACH, FL 32960 TEL. (772) 562-4191 FAX: (772) 982-7180 C871 07,5,014 PRO/ / 1301E DRAWN r FSC APPD BY FSC PIOT BY F.aN C:marosa REF Y F.66PG - .' 0 i� S 00'16'08" W 80::00. NORTH 10,00' SOUTH 130:00' NORTH .10.00 'q 03 . ` w W .. _i.< • 1 1..; zt:o .E rn '.0•a 04 '< Q• (21', , (n- Rn 0 Z' ^(9 SOUTH 130.00' NORTH 70.00' NORTH - J.10.00': i 1 so 60 v • • � 0) M) CSI a� gra w gOg rH 0) *41 0' .W1 0 Q O Jo OcD 00 (!) > Z CC t— k60 i SO 60.) TH 0'� 00 11 N 00'18'08" E 80.00' 0 n 0 50 100 SCALE: (1 Inch - 100 Feet) SKETCH AND DESCRIPTION ROAD RIGHT OF WAY DEDICATION AND PURCHASE SITUATED IN PART OF THE WEST 20.86 ACRES OF TRACT 13 SECTION 20. T. 33 S. R 39 E., INDIAN RIVER COUNTY, FLORIDA SHEET 20F3 o+.6.9 19613-A (Amencin id Title Association - Owner's Policy Adopted 6/17/2006)(With Florida Modifications) OVVNER'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 T TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE iNSURANCE COMPANY, a Mi nncsota 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 Tide 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 othenvise 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 unposed on the Tide 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 Lind. 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 li71errof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and scaled 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 Stack Company 400 Second Avenoo South, Minneapolis, Minnesota 5.5407 (612)371 111) 6y Attest President -LASecwury SERIAL OF6-8241200 FORM OF6 (rev 12/10)(With Florida Modifications) File Number_ 9894 ePolicyManager 1 of 6 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY OWNER 'S POLICY Schedule A Policy No.. OF6-8241200 Date of Policy 10/24/14 04: 02. 00 p.m. Amount of Insurance: $31 , 655 . 00 Agent's File Reference. 9894 Premium. $182.28 Address Reference: 9th Street SW Vero Beach, Florida 32968 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 3. Title is vested ill. Indian River County, a political subdivision of the State of Florida 4 The Land referred to in this policy is described as follows• See Exhibit "A" attached hereto. Collins, Brown, Caldwell, Barkett, Garavaglia & Lawn, Chartered ISSUING AGENT 756 Beachland Boulevard MAILING ADDRESS FORM OF6-SCH-A(rev 12/10) (With Florida Modifications) OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111 Vero Beach AGENT'S SIGNATURE , Florida 32963 CITY STATE ZIP (01/14 DisplaySof 01-WIN-FL-OWNA-06) 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. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY Schedule B Policy No.: OF6-8241200 Agent's File Reference• 9894 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. Taxes for the year 2014, and subsequent years, which are not yet due and payable. 2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 3. This policy excludes from coverage adverse ownership claims by the State of Florida by right of sovereignty to any portion of the property insured hereunder including, submerged, filled, and artificially exposed lands and lands accreted to such lands. 4. All canals, ditches, and rights-of-way, if any, over captioned property as reserved on the last general plat of lands of the Indian River Farms Company Subdivision, set forth in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. 5. Riparian and littoral rights are not insured. 6. Notice of Environmental Resource Permit recorded in O.R. Book 2752, Page 732, Public Records of Indian River County, Florida. FORM OF6-SCH-B (rev. 12/10) (With Florida Modifications) (02/11 DisplaySoft 01-WIN-FL-OWNBBLANK-06) (Covered Risks continued) 6. An enforcement action based on the exercise ofa governmental police power not covered by Covered Risk 5 if a notice ofthe 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 ofa 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, ofa 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 (h) because the instrument of transfer vesting Tide 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 attached or has been tiled 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. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) rhe occupancy, use, or enjoyment of the Land; (ii) rhe 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. (h) Any governmental police power. This Exclusion 1 (h) docs not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (h) 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 (h) 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. 2. 3. 2 of 6 FORM OF6 (rev. 12110)(With Florida Modifications) CONDITIONS L DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may he increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (h) "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 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 decd delivered without payment of actual valuable consideration conveying the Title if the stock, shares, memberships, or other equity interests of the grantee arc wholly-owned by the named Insured, if the grantee wholly owns the named Insured, 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 purpose;. (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. "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 arca described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this docs 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 decd, or other security instrument, including one evidenced by electronic means authorized by law. "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. "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Tide 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 tide. (A) (1) (2) (3) (g) (i) j) (k) 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, hut 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 front 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 (1) in case of any litigation as set forth in Section 5(a) of these Conditions, (11) 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 Tide, as insured, is rejected as Unmarketable Title. lithe 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 he 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 mist 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. 3 of 6 FORM OF6 (rev. 12110)(Wtih Florida Modifications) DEFENSEAND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to thc options contained in Section 7 of these Conditions, the Company, at its own cost and withoutunreasonable 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 rhe Insured as to those stated causes ()faction. it shall not he 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 orpermitted bythis 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 thc 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, obtainingwiunesses, 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, 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 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 lnsured 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 forexamination 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 SE 1"I'LE 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 tinder this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company tip to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company oft his option, all liability and obligations of the Coinpany to the Insured under this policy, other than to snake the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue anylitigation. (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, 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. 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 he made, shalt terminate, including any liability or obligation to defend, prosecute, or continue any litigation. & DE 1 LRMINATION 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. (h) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, FORM OF6 (rev. 12/10)(With Florida Modifications) 4 of 6 (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 he 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 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 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 he deemed a payment to the. Insured under this policy. 12. PAYMENT OF LOSS \Then 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) FIhenever 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. Ifa payment on account of a claim docs not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until atter 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 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 he 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 lisle Insurance Arbitration Rules. A copy of the Rules may tx 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. (h)Any claim ollossor damage that atiscs out of theslatus of the Title or by any action asse rting such claim whether or not b2ised on negligence shall he restricted to this policy. (c) Anyamendrnent of or endorsement to this policy must be in writing and authenticated by an authorized person, or expresslyincorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any bine is made a part of this policy and is subject to all of its terns and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modifyany prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. FORM OF6 (rev. 12/1 0)(With Florida Modifications) 5 of 6 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 terns 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 Insured against the Company must he 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 55.1(11-2499, Phone: ((i 12) 371-1111. FORM 0F6 (rev_ 12/10)(With Florida Modifications) 6 of 6 • m N 0 tn v 0 n • O v CD 3 Et) z j0 v tO a < 0 s - cy - 0 0 -0< w nt� n E H r ?, ** d •z::$ * C7 to 0 k `C This Document Prepared By and Return to: George G. Collins, Jr. Esq. Collins, Brown, Caldwell, Barkett, Garavaglia & Lawn, Chartered 756 Beachland Blvd. Vero Beach, FL 32963 Parcel ID Number: Warranty Deed 3120140062930 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK. 2798 PG 532 Page 1 of 2 10/24/2014 4 02 PM D DOCTAX PD $221 90 This Indenture, Made this ,; day of October , 2014 A.D , Between Three Dogs & A Horse, LLC, a Florida limited liability company and Audrey Graves Sexton, Individually and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005 of the County of Indian River , State of Florida , grantors, and Indian River County, a political subdivision of the State of Florida whose address is: 1801 27th Street, Vero Beach, FL 32960 stateofFloridaofthecountyoIndian River grantee. Witnesseth that the GRANTORS, for and in consideration of the sum of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Indian River State of Florida to wit: See Exhibit "A" attached hereto. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. The Grantor's HOMESTEAD address is 4555 13th Street SW, Vero Beach, FL 32968. and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful clauns of all persons whomsoever In Witness Whereof, the grantors have hereunto set thcir hands and seals the day and year first above written. Signed, sealed and delivered in our presence: Printed Name: Three Dogs & A Horse, LLC and Audrey Graves Sexton Trust U/A/D May 31 2005 By • �1 1,4 / (t —( / Audrey rave S-exton L n f �(� J/ L (Seal)