HomeMy WebLinkAbout2016-210AVacant Land Contract
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t (:_ (( ( i a Real :c r.
The Voice 101 ileal Estateain batt i3
PARTIES AND DESCRIPTION OF PROPERTY
1. SALEAN❑P11RC E: Quality Fruit Packers of Indian River, Inc. ("Seller
and zndian Kiver—County i lorida 15oard of County �mm ss3.otters (~Buyer~) )
agree to sell and buy on the terms and conditions specified below the property ("Property") described as:
Address:
Legal Description: see attae�ied );xhibit "A"
including all improvements and the following additional property: t1/ a
15
16' 2. PURCHASE PRICE:
17.
16'
19
30'
21•
(a) S._0
22' (b) S
23'
0
$ 137,500.00
PRICE AND FINANCING
payable by Buyer in U.S. funds as follows:
Deposit received (checks are subject to clearance) on Y,. by
for delivery to ("Escrow Agent")
Signature Name of Company
(Address of Escrow Agent)
(Phone 11 of Escrow Agent)
Additional deposit to be delivered to Escrow Agent by _
or days from Effective Date (10 days if left blank).
24' (c) 0 Total financing (see Paragraph 3 below) (express as a dollar amount or percentage)
25' (d) $ 0 Other:
26' (e) $.137 ,500 . 00 Balance to close (not Including Buyer's closing costs, prepaid items and prorations). All funds
paid at closing must be paid by locally drawn cashier's check, official check or wired funds.
27
28' ❑(f) (complete only If purchase price will be determined based on a per unit cost instead of a fixed price) The unit
29' used to determine the purchase price is Ej lot D acre 0 square foot [] other (specify: _�
30' prorating areas of less than a full unit. The purchase price will be $_ per unit based on a calculation of total
31 area of the Property as certified to Buyer and Seiler by a Florida -licensed surveyor in accordance with Paragraph 8(c) of this
32' Contract. The following rights of way and other areas will be excluded from the calculation:
33•
34'
35'
36"
37'
38
39
40
41.
42'
43
44
454
46'
47'
48
49
3. CASH/FINANCING: (Check as applicable)rs(a) Buyer will pay cash for the Property with no financing contingency.
❑(b) This Contract Is contingent on Buyer qua ifying and obtaining the commltment(s) or approvai(s) specified below (the
"Financing') within days from Effective Date (if left blank then Closing Date or 30 days from Effective Date, whichever
occurs first) (the "Financing Period"). Buyer will apply for Financing within days from Effective Date (5 days if left blank)
and will timely provide any and all credit, employment, financial and other Information required by the lender. If Buyer, after
using diligence and good faith, cannot obtain the Financing within the Financing Period, either party may cancel this Contract
and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from all Interested parties.
❑(1) New Flnandng: Buyer will secure a commitment for new third party financing for $ or
R6 of the purchase price at the prevailing Interest rate and loan costs based on Buyer's creditworthiness, Buyer will
keep Seller and Broker fully informed of the loan application status and progress and authorizes the lender or mortgage
broker to disclose all such information to Seller and Broker.
[](2) Seller Financing: Buyer will execute a 0 first 0 second purchase money note and mortgage to Seller In the
amount of $ bearing annual Interest at Ro and payable as follows:
The Vis.' tgage, note, and any security agreement will be In a form acceptable to Seller and will follow forms generally
acc :�. 41� n the county wher r e Property Is located; will provide for a late payment fee and acceleration at the mortgagee's
111 I1' ) andSei ) ( ) acknowledge receipt of a copy of this page, which is Page 1 of 7 Pages.
t-�
���,yt Florida Ass._ . u Rrnutia' All Rights Reserved
so' Buyer (
Rev. 4/0
Seria19: 094005.6081353964419
s, option if Buyer defaults; will give Buyer the right to prepay without penalty all or part of the principal at any time(s) with
s3 interest only to date of payment; will be due on conveyance or sale; will provide for release of contiguous parcels, If
53 applicable; and will require Buyer to keep liability insurance on the Property, with Seller as additional named Insured. Buyer
sa authorizes Seller to obtain credit, employment and other necessary information to determine creditworthiness for the
ss financing. Seller will, within 10 days from Effective Date, give Buyer written notice of whether or not Seller will make the loan.
50• 0(3) Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to
s7•
sa' LN# In the approximate amount of $ currently pa able at
59' $ per month including principal, interest, Q taxes and insurance and having a ❑ fixed other
so (describe)
61• Interest rate of % which [J will (J will not escalate upon assumption. Any variance In the mortgage will be
67 adjusted In the balance due at dosing with no adjustment to purchase price, Buyer will purchase Seller's escrow
63' account dollar for dollar. 11 the lender disapproves Buyer, or the interest rate upon transfer exceeds _% or the
64• assumption/transfer fee exceeds $ , either party may elect to pay the excess, failing which this agreement
65 will terminate and Buyer's deposit(s) will be returned.
66 CLOSING
rt7 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on ,
68' ("Closing Date''). Unless the Closing Date Is specifically extended by the Buyer and Seller or by any other provision In this
s9 Contract, the Closing Date shall prevail over all other time periods including, but not limited to, (inancing and feasibility study
70 periods. If on Closing Date insurance underwriting is suspended, Buyer may postpone closing up to 5 days after the insurance
71 suspension Is lifted. If this transaction does not close for any reason, Buyer will immediately return all Seller -provided title
72 evidence, surveys, association documents and other items.
r3 5. CLOSING PROCEDURE; COSTS: Closing will take place In the county where the Property Is located and may be conducted by
74 mail or electronic means, If title Insurance Insures Buyer for title defects arising between the title binder effective date and
75 recording of Buyer's deed, dosing agent will disburse at closing the net sale proceeds to Seller (In local cashier's checks if Seller
76 requests In writing at least S days prior to dosing) and brokerage fees to Broker as per Paragraph 17. In addition to other expenses
77 provided in this Contract, Seller and Buyer will pay the costs Indicated below.
78 (a) Seller Costs:
79 Taxes on the deed
BO Recording fees for documents needed to cure title
at Title evidence (if applicable under Paragraph 8)
B7' Other.
B3 (b) Buyer Costs:
B4 Taxes and recording fees on notes and mortgages
as Recording fees on the deed and financing statements
B6 Loan expenses
R7 Lender's title policy at the simultaneous Issue rate
BB inspections
as Survey and sketch
90 Insurance
91' Other
97 (c) Title Evidence and Insurance: Check (1) or(2):
93' ®(1) The title evidence will be a Paragraph 8(a)(1) owner's title insurance commitment. eller will select the title agent and
91' will pay for the owner's title policy, search, examination and related charges or ;+ Buyer will select the title agent and pay for
9s• the owner's title policy, search, examination and related charges or 0 Buyer will select the title agent and Seller will pay for
96 the owner's title policy, search, examination and related charges.
97' 0(2) Seller will provide an abstract as specified In Paragraph 8(a)(2) as title evidence. 0 Seller D Buyer will pay for the
98 owner's title policy and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and
99 Ilen search fees, and Buyer will pay fees for title searches after closing (if any), title examination fees and closing fees.
100 (d) Proratlons: The following items will be made current and prorated as of the day before Closing Date; real estate taxes,
101 interest, bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments for the current year
107 cannot be determined, the previous year's rates will be used with adjustment for any exemptions. PROPERTY TAX
103 DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF
101 PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF
105 OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER
10a PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S
107 OFFICE FOR FURTHER INFORMATION.
100 (el SpeI Assessment by Public Body: Regarding special assessments Imposed by a public body, Seller will pay (I) the full
109 amou,; o • lens that are certified rmed and ratified before closing and (a) the amount of the last estimate of the assessment
110•Bye 7 Floridar .r� dj1 and Seller EnuOns` All high Reserved
ledge receipt of a copy of this page, which is Page 2 of 7 Pages.
Revsoc'
Sw1810: 084806400136-7964416
11) if an improvement is substantially completed as of Effective Date but has not resulted in a lien before dosing, and Buyer will
112• pay all other amounts. If special assessments may be paid In installments ❑ Buyer ❑ Seller (if left blank, Buyer) shall pay
113 installments due after dosing. If Seller is checked, Seller will pay the assessment in full prior to or at the time of dosing. Public
114 body does not include a Homeowner Association or Condominium Association.
115 (f) Tax Withholding: if Seller is a "foreign person" as defined by FIRPTA, Section 1445 of the Internal Revenue Code requires
116 Buyer to withhold 10% of the amount realized by the Seller on the transfer and remit the withheld amount to the Internal
117 Revenue Service (IRS) unless an exemption applies. The primary exemptions are (1) Seller provides Buyer with an affidavit
118 that Seller is not a "foreign person", (2) Seller provides Buyer with a Withholding Certificate providing for reduced or
119 eliminated withholding, or (3) the gross sales price is $300,000 or less, Buyer Is an individual who purchases the Property to
120 use as a residence, and Buyer or a member of Buyer's family has definite plans to reside at the Property for at least 50% of the
121 number of days the Property Is in use during each of the first two 12 month periods after transfer. The iRS requires Buyer and
12z Seller to have a U.S. federal taxpayer identification number ('TIN"). Buyer and Seller agree to execute and deliver as directed
123 any instrument, affidavit or statement reasonably necessary to comply with FIRPTA requirements inducting applying for a TIN
124 within 3 days from Effective Date and delivering their respective TIN or Social Security numbers to the Closing Agent. if Seller
125 applies for a withholding certificate but the application is still pending as of closing, Buyer will place the 10% tax in escrow at
126 Seller's expense to be disbursed In accordance with the final determination of the IRS, provided Seller so requests and gives
1>.7 Buyer notice of the pending application in accordance with Section 1445. If Buyer does not pay sufficient cash at closing to
128 meet the withholding requirement, Seller will deliver to Buyer at dosing the additional cash necessary to satisfy the
129 requirement. Buyer will timely disburse the funds to the IRS and provide Seller with copies of the tax forms and receipts.
130 (g) 1031 Exchange: If either Seiler or Buyer wishes to enter into a like -kind exchange (either simultaneously with closing or
131 after) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party will cooperate In all reasonable respects to
132 effectuate the Exchange including executing documents; provided, however, that the cooperating party will incur no liability or
133 cost related to the Exchange and that the closing shall not be contingent upon, extended or delayed by the Exchange.
134 PROPERTY CONDITION
135 6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, with conditions
136 resulting from Buyer's Inspections and casualty damage, If any, excepted. Seller will maintain the landscaping and grounds In
137 a comparable condition and will not engage in or permit any activity that would materially alter the Property's condition without
13a the Buyer's prior written consent.
139 (a) Flood Zone: Buyer Is advised to verify by survey, with the lender and with appropriate govemment agencies which flood
140 zone the Property Is in, whether flood Insurance is required and what restrictions apply to improving the Property and
141 rebuilding in the event of casualty.
142 (b) Government Regulation: Buyer is advised that changes in government regulations and levels of service which affect
143 Buyer's Intended use of the Property will not be grounds for canceling this Contract if the Feasibility Study Period has expired
144 or if Buyer has checked choice (c)(2) below.
145 (c) Inspections: (check (1) or (2) below)
146' ❑(1) Feasibility Study: Buyer will, at Buyer's expense and within days from Effective Date ("Feasibility Study
147' Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for
148' use. During the Feasibility Study Period, Buyer rnay conduct a Phase 1 environmental
149 assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to
150 determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and
151 zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities;
152 consistency with local, state and regional growth management plans; availability of permits, government approvals, and
153 licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's
1s4 intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies.
155 Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals.
iso Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility
157 Study Period for the purpose of conducting Inspections; provided, however, that Buyer, Its agents, contractors and
ISO assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless
1s9 from losses, damages, costs, claims and expenses of any nature, including attorneys' fees, expenses and liability
leo incurred In application for rezoning or related proceedings, and from liability to any person, arising from the conduct of
161 any and all Inspections or any work authorized by Buyer. Buyer will not engage In any activity that could result In a
162 construction lien being filed against the Property without Seller's prior written consent. If this transaction does not
163 close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return
164 the Property to the condition it was In prior to conduct of the Inspections, and (2) release to Selier all reports and other
165 work generated as a result of the Inspections.
166 Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of
167 whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement wilt constitute acceptance
168 of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property Is unacceptable to Buyer and
169 written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the
170 Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from
171 all Interested parties.
172' ® (2 '',. Feasibility Study: Buyer Is satisfied that the Property is suitable for Buyer's purposes, including being
173 sat'• l hat either public sew e and water are available to the Property or the Property will be approved for the
174' Buyer (I IV ( ) and Sell
Rev. 4/07 Y1(f. 7
( !acknowledge receipt of a copy of this page, which is Page 3 of 7 Pages.
Florida Association of RrArlola A fights Reserved
Scdalr: 094605.600138.3964416
175 installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations and
116 restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental conditions, are
1/7 acceptable to Buyer. This Contract Is not contingent on Buyer conducting any further investigations.
178
170 (d) Subdivided Lands: If this Contract Is for the purchase of subdivided lands, defined by Florida Law as "(a) Any contiguous 180 land which is divided or Is proposed to be divided for the purpose of disposition into 50 or more tots, parcels, units, or interests;
or (b) Any land, whether contiguous or not, which is divided or proposed to be divided Into 50 or more Tots, parcels, units, or
181 interests which are offered as a part of a common promotional plan.", Buyer may cancel this Contract for any reason
182 whatsoever for a period of 7 business days from the date on which Buyer executes this Contract. If Buyer elects to cancel
183 within the period provided, all funds or other property paid by Buyer will be refunded without penalty or obligation within 20
1214 days of the receipt of the notice of cancellation by the developer.
1215 7. RISK OF LOSS; EMINENT DOMAIN: If any portion of the Property is materially damaged by casualty before closing, or Seller
186 negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain proceedings, or if an
187 eminent domain proceeding is Initiated, Seller will promptly inform Buyer. Either party may cancel this Contract by written
188 notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close In accordance with
1112 this Contract and receive all payments made by the govemment authority or insurance company, if any.
190 TITLE
191 B. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative or
292 guardian deed as appropriate to Seller's status.
ire (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in accordance
194 with current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of which prevent
195• Buyer's Intended use of the Property as covenants, easements and restrictions of
196 record; matters of plat; existing zoning and government regulations; oil, gas and mineral rights of record If there is no right of
29/ entry; current taxes; mortgages that Buyer will assume; and encumbrances that Seller will discharge at or before closing.
118 Seller will deliver to Buyer Seller's choice of one of the following types of title evidence, which must be generally accepted
199 in the county where the Property is located (specify in Paragraph S(c) the selected type). Seller will use option (1) in Palm
208 Beach County and option (2) In Miami -Dade County.
2o1 (1) A title insurance commitment issued by a Florida -licensed title Insurer in the amount of the purchase price and subject
202 only to title exceptions set forth in this Contract and delivered no later than 2 days before Closing Date.
203 (2) An existing abstract of title from a reputable and existing abstract firm (If firm is not existing, then abstract must be
209 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the
205 Property recorded In the public records of the county where the Property Is located and certified to Effective Date. However
206 if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as a base
207 for reissuance of coverage, Seller will pay for copies of all policy exceptions and an update in a format acceptable to
200 Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, together with copies of
209 all documents recited in the prior policy and in the update. If a prior policy is not available to Seller then (1) above will be
210 the tide evidence. Title evidence will be delivered no later than 10 days before Closing Date.
211 (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt of
212 title evidence but no later than Closing Date, of any defects that make the title unmarketable. Seller will have 30 days from
213 receipt of Buyer's notice of defects ("Curative Period") to cure the defects at Seller's expense. If Seller cures the defects within
214 the Curative Period, Seller will deliver written notice to Buyer and the parties will dose the transaction on Closing Date or
215 within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to cure the defects within
216 the Curative Period, Seller will deliver written notice to Buyer and Buyer will, wlthinl0 days from receipt of Seller's notice,
217 either cancel thls Contract or accept title with existing defects and close the transaction.
2)8 (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written notice to
219 Seller, within 5 days from receipt of survey but no later than 5 days prior 10 closing, of any encroachments on the Property,
220 encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Any such
221 encroachment or violation will be treated in the same manner as a title defect and Buyer's and Seller's obligations will be
222 determined in accordance with subparagraph (b) above.
223 (d) Coastal Construction Control Line: If any part of the Property lies seaward of the coastal construction control line as
224 defined in Section 161.053 of the Florida Statutes, Seller shall provide Buyer with an affidavit or survey as required by law
225 delineating the line's location on the Property, unless Buyer waives this requirement in writing. The Property being purchased
226 may be subject to coastal erosion and to federal, state, or local regulations that govern coastal property, including delineation
227 of the coastal construction control line, rigid coastal protection structures, beach nourishment, and the protection of marine
228 turtles. Additional information can be obtained from the Florida Department of Environmental Protection, Including whether
229 there are significant erosion conditions associated with the shoreline of the Property being purchased.
330• ❑ Buyer waives the right to receive a CCCL affidavit or survey.
231 MISCELLANEOUS
232 9. EFFECTIVE DATE; TIME; FORCE MAJEURE:
233 (a) Effective Date: The "Effective Date" of thls Contract Is the date on which the last of the parties Initials or signs and delivers
234 final offer or counteroffer, Time is of the essence for all provisions of this Contract.
235 (b) TI ,�;• All time periods expressed as days will be computed in business days (a "business day" is every calendar day
236 except%iturday, Sunday and Tonal legal holidays). If any deadline falls on a Saturday, Sunday or national legal
237' Buyer . %/I ) (_.J and Sei r ) L ) acknowledge receipt of a copy of this page, which is Page4 of 7 Pages.
Rev 4/07 `�i r 7 Finrkfe Association of REAL! All Rights Reserved
Santini: 094606800746.0964416
1 i1
234 holiday, performance will be due the next business day. All time periods will end at S:00 p.m. local time (meaning in the county
239 where the Property is located) of the appropriate day.
20 (c) Force Majeure: Buyer or Seiler shall not be required to perform any obligation under this Contract or be liable to
241 each other for damages so long as the performance or non-performance of the obligation is delayed, caused or prevented
242 by an act of God or force majeure. An "act of God" or "force majeure" is defined as hurricanes, earthquakes, floods, fire,
243 unusual transportation delays, wars, insurrections and any other cause not reasonably within the control of the Buyer or
244 Seller and which by the exercise of due diligence the non-performing party Is unable in whole or in part to prevent or
745 overcome. All time periods, Including Closing Date, will be extended (not to exceed 30 days) for the period that the force
246 majeure or act of God is in place. In the event that such "act of God" or "force majeure" event continues beyond the 30
247 days In this sub -paragraph, either party may cancel the Contract by delivering written notice to the other and Buyer's
248 deposit shall be refunded.
249 10. NOTICES: All notices shall be in writing and will be delivered to the parties and Broker by mail, personal delivery or electronic
2so media. Buyer's failure to deliver timely written notice to Seller, when such notice is required by this Contract, regarding
251 any contingencies will render that contingency null and void and the Contract will be construed as if the contingency did
252 not exist. Any notice, document or item delivered to or received by an attorney or licensee (including a transaction
253 broker) representing a party will be as effective as if delivered to or by that party.
2s4 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage
255 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless Incorporated into this Contract.
256 Modifications of this Contract will not be binding unless in writing, signed or initialed and delivered by the party to be bound. This
257 Contract, signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated
2se electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten
259 terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid
2w or unenforceable, all remaining provisions will continue to be fully effective. Buyer and Seller will use diligence and good faith in
261 performing all obligations under this Contract. This Contract will not be recorded in any public records.
262 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms
263 'Buyer," "Seller," and "Broker" may be singular or plural. This Contract Is binding on the heirs, administrators, executors, personal
264 representatives and assigns (if permitted) of Buyer, Seller and Broker.
265 DEFAULT AND DISPUTE RESOLUTION
266 13. DEFAULT: (a) Seller Defaults if for any reason other than failure of Seller to make Seller's title marketable after diligent
262 effort, Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without
268 waiving the right to seek damages•or to seek specific performance as per Paragraph 14. Seller will also be liable to Broker for the
269 full amount of the brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contract within the time specified, including
no timely payment of all deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated
271 damages or to seek specific performance as per Paragraph 14 ; and Broker will, upon demand, receive 50% of all deposits paid
272 and agreed to be paid (to be split equally among Brokers) up to the full amount of the brokerage fee.
273 14. DISPUTE RESOLUTION; This Contract will be construed under Florida law. All controversies, claims, and other matters In
274 question arising out of or relating to this transaction or this Contract or its breach will be settled as follows:
275 (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seiler will have 30 days from
276 the date conflicting demands are made to attempt to resolve the dispute through mediation. if that fails, Escrow Agent will
277 submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida Real
274 Estate Commission ("FREC"). Buyer and Seller will be bound by any resulting award, judgment or order. A broker's obligation
279 under Chapter 475, FS and the FREC rules to timely notify the FREC of an escrow dispute and timely resolve the escrow
240 dispute through mediation, arbitration, Interpleader, or an escrow disbursement order, if the broker so chooses, applies only
281 to brokers and does not apply to title companies, attorneys or other escrow companies.
262 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to resolve
283 the matter through mediation, failing which the parties will resolve the dispute through neutral binding arbitration in the
284 county where the Property is located. The arbitrator may not alter the Contract terms or award any remedy not provided for
285 in this Contract. The award will be based on the greater weight of the evidence and will state findings of fact and the
286 contractual authority on which it Is based. if the parties agree to use discovery, it will be in accordance with the Florida Rules
287 of Civil Procedure and the arbitrator will resolve all discovery -related disputes. Any disputes with a real estate licensee named
288 in Paragraph 17 will be submitted to arbitration only If the licensee's broker consents In writing to become a party to the
289 proceeding. This clause will survive dosing.
290
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292
293
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(c) Mediation and Arbitration; Expenses: "Mediation" is a process In which parties attempt to resolve a dispute by
submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to Impose a
settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association ("AAA") or
other mediator agreed on by the parties. The parties will equally divide the mediation fee, if any. "Arbitration" is a process In
which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose decision Is
binding on the parties. Arbitration will be In accordance with the rules of the AAA or other arbitrator agreed on by the parties.
Each party to any arbitration will pay its own fees, costs and expenses, Including attorneys' fees, and will equally split the
arbitrators' fees and administrative fees of arbitration. In a civil action to enforce an arbitration award, the prevailing party to
the ar,ritration shall be entitled to recover from the nonprevalling party reasonable attorneys' fees, costs and expenses.
299• Buyer (-
Rev. 4/07
)
and Selle
Florida Association o
Sodom: 094605.600136.3964416
�) acknowledge receipt of a copy of this page, which Is Page 5 of 7 Pages.
I ' ghts Reserved
300 ESCROW AGENT AND BROKER
301 15. ESCROW AGENT. Buyer and seller authorize Escrow Agent to receive, deposit and hold funds and other items in escrow
302 and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this
303 Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for misdelivery
304 of escrowed Items to Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross
nos negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the
306 deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed funds or equivalent and charged and
307 awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent
308 consents to arbitrate.
309 16. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations that are
310 important to them and to consult an appropriate professional for legal advice (for example, Interpreting contracts, determining
311 the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, the effect of property
312 lying partially or totally seaward of the Coastal Construction Control Line, etc.) and for tax, property condition, environmental and
313 other spedalized advice. Buyer acknowledges that Broker does not reside in the Property and that all representations (oral,
314 written or otherwise) by Broker are based on Seller representations or public records. Buyer agrees to rely solely on Seller,
315 professional inspectors and governmental agencies for verification of the Property condition and facts that materially
316 affect Property value. Buyer and Seller respectively will pay all costs and expenses, including reasonable attorneys' fees at all
317 levels, incurred by Broker and Broker's officers, directors, agents and employees in connection with or arising from Buyer's or
318 Seller's misstatement or failure to perform contractual obligations. Buyer and Seller hold harmless and release Broker and
319 Broker's officers, directors, agents and employees from all liability for loss or damage based on (1) Buyer's or Seller's
320 misstatement or failure to perform contractual obligations; (2) Broker's performance, at Buyer's and/or Seller's request, of any
321 task beyond the scope of services regulated by Chapter 475, F.S., as amended, including Broker's referral, recommendation or
322 retention of any vendor; (3) products or services provided by any vendor; and (4) expenses incurred by any vendor. Buyer and
323 Seller each assume full responsibility for selecting and compensating their respective vendors. This paragraph will not relieve
324 Broker of statutory obligations, For purposes of this paragraph, Broker will be treated as a party to this Contract. This paragraph
325 will survive closing.
326 17. BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Instruction to Closing
327 Agent: Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified In separate
328 brokerage agreements with the parties and cooperative agreements between the brokers, except to the extent Broker has
329 retained such fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage
330 fees as Indicated below. This paragraph will not be used to modify any MLS or other offer of compensation made by Seller or
331 listing broker to cooperating brokers.
333'
333' Selling Soles Assoclote/UcenseNo. Selling Firm/Brokerage Fee: ($or%ofPurchosePriee)
334'
335' Listing SolesAssociate/Licelse No. Listing Firm/Brokerage lee: (S or9b of Purchase Pike)
336 ADDITIONAL TERMS
337. 18. ADDITIONAL TERMS:
338'
339'
340'
341'
347'
343'
344.
345' ..
346'
347•
348'
349'
350•
351'
357.'
353•
354'
355'
356•
357•
358' Buyer
tteo.4/07
47
it) ( ) and Selle ) (_VI acknowledge receipt of a copy of this page, which is Page 6 of 7 Pages.
Florida Association of Rcncr095 1 Rights Reserved
Se1316. 094306400136-3964416
359.
360'
361'
367'
363'
364'
369
366'
367'
368'
369'
370'
371•
372•
373•
375•
376 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing.
377 OFFER AND ACCEPTANCE
378' (Check if applicable: [] Buyer received a written real property disclosure statement from Seller before making this Offer.)
379 Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract is signed by Seller and a
taw copy delivered to Buyer no later than _ ❑ a.m. ❑ p.m. on , this offer will be
381 revoked and Buyer's deposit refunded subject to clearance of funds.
382 COUNTER OFFER/ REJECTION
363' ❑ Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or Initial the counter offered terms and deliver a
364 copy of the acceptance to Seller. Unless otherwise stated, the time for acceptance of any counteroffers shall be 2 days from
365' the date the counter is delivered. [] Seller rejects Buyer's offer.
366' Date: Buyer:
387' Print name:
308' Date: Buyer::
309' Phone: Print name:
390' Fax: Address:
391' E-mail:
397' Date:
393'
Sell
Printam
394• Date: Seller
39s- Phone; Print name:
no- Fax: Address:
397' E-mail:
398`
Effective Date:
(The date on which the last party signed or initialed and delivered the final offer or counteroffer.)
399' Buyer (
( ) and Sell e(lf�71'—" ) acknowledge receipt of a copy of this page, which is Page 7 of 7 Pages.
Rs
The Florida ,r '"alion of Auan ay�lJued r CssoclatIon of llamas make no representation as 10 the legal validity or adequacy of any provision of this form In any specific
transaction. y . tender('f mtSF should not be used In complex transactions or with extensive riders or additions. This form Is evadable for use by the entire real estate Industry and Is
not intende. Idensify the user as a Roma . Rearm Is a registered collective membership mark 11ra1 may be used unit' by real estate Iiuvaees who are members of the National
Association EAUe05 and who subscribe torts Code ofEthks.
The copyright laws of the United States (1711.5. Code) for 131c1 the unautiwrized mproductlon of blank forms by any means including farslmlke or computerized terms.
Rev. 4/07 432007 Florida Association of REALTORS. All Rights Reserved
8011el0: 3946054600136.3984416
INDIAN RIVER COUNTY, FLORIDA
BOA" D OF • O UNTY CO MI SIONERS ,g' i.,isr
/ F
(__A _( ...",..-ail is...m ..0t Ss 'S • 11111111rAlliC4L1/4
Josep E Flesche Chairman ' V F �•�.,,.:: ..!..,,,,w,to. ** ; Ph kers •
;0:
Appro ed by BCC December 20, 20.6'•
ATTEST:
Jeffrey R. Smit
C
rk of Court a
��.y�oANRIVER�°�`a•�.,
By:
/ p
De ► uty c e"
Appro
roller
Jason E.
, County Administrator
Approved as to Form
egal
County Attom
fficiency:
Inc., Date
LEGAL DESCRIPTION: RIGHT OF WAY ACQUISITION
Legal Description
Being a Parcel of land lying in Section 26,Township 32 South, Range 39
East, said parcel also being a portion of a Tract of land as recorded in Official
Record Book 963, Page 2384 of the Public Records of Indian River County,
Florida, said parcel being more particularly described as follows:
Commence at the Intersection of the Centerline of Right -of -Way of Old Dixie
Highway as shown on the Old Dixie Highway Right -of -Way Map, per Plat
Book 24, Page 81, Public records of Indian River County, Florida, with the
North line of Section 26, Township 32 South, Range 39 South; Thence South
89°46'13" East, along the said North line of Section 26, a distance of 41.18
feet; Thence departing said North line, South 00°13'47" West, a distance of
25.00 feet to the Northwest corner of said Parcel recorded in Official Record
Book 963 page 2384 of said Public Records, said corner also being the
intersection of the East right -of -Way of Old Dixie Highway and the South
Right -of -Way line of 45th Street (North Gifford Road) and the Point of
Beginning of the following described parcel;
Thence South 89°46'13" East, along the South Right -of -Way line of said 45th
Street, said line being 25.00 feet South of and parallel with as measured at
right angles to the North line of said Section 26, a distance of 371.74 feet to
the Westerly Right -of -Way line of U.S. Highway No. 1 (State Road No. 5) as
shown on the State of Florida State Road Department Right -of -Way Map
Section No 88500-2602 as recorded in Plat Book 11, Page 25, of the Public
Records of Indian river County, Florida; Thence South 00°13'47" West, along
said West right-of-way Line, a distance of 14.00 feet; Thence departing said
West Right -of -Way line, North 89°46'13" West, along a line that is 14.00 feet
South of and parallel with as measured at right angles to the said South
Right -of -Way line of 45th Street, a distance of 337.86 feet; Thence South
37°28'56" West, a distance of 36.32 feet to a point on the East Right -of -Way
line of said Old Dixie Highway' Thence North 15°15'55" West, along said
East Right -of -Way, a distance of 44.53 feet to the Point of Beginning.
Containing: 0.13 Acres (5611 square feet), more or less
Legend and Abbreviations
COR = CORNER
Co. = COMPANY
ESMT = EASEMENT
I.R.F.W.C.D. = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
O.R.B. = OFFICIAL RECORDS BOOK
MAG = MAGNETIC
PROP = PROPERTY
P.S.M. = PROFESSIONAL SURVEYOR
AND MAPPER
R = RANGE
R/W = RIGHT OF WAY
SEC = SECTION -TOWNSHIP -RANGE
A = CENTRAL ANGLE
P.B.S. = ST. LUCIE COUNTY PLAT BOOK
P.I.D. = PARCEL IDENTIFICATION
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
P T. = POINT OF TANGENT
T = TOWNSHIP
Surveyor's Notes
1) This sketch and Legal Description was prepared with the benefit of a Topographic Survey
(Project No. 1355) prepared by Indian River County Personnel on the date of 2/23/15.
2) This legal description shall not be valid unless:
(A) Provided in its entirety consisting of 2 sheets, with sheet 2 showing the
sketch of the legal description.
(B) Reproductions of the description and sketch are signed and sealed with
an embossed surveyor's seal.
3) Bearings shown hereon are based on the Florida State Plane Coordinate
System, as referenced to the North American Datum (NAD) 1983 adjustment
of 2011, Florida East Zone. and are further referenced to the North line of
Section 26 Township 32 South, Range 39 East, said line bears South 89°46'13" East.
Certification
(Not valid without the signature and original
raised seal of a Florida licensed Surveyor and Mapper)
I hereby certify that the Sketch and Legal Description of the property shown and
described hereon was completed under my direction and said Sketch and Legal is
true and correct to the best of my knowledge and belief. •}•
I further certify that this Sketch and Description meets�the Minimur,,1 Technical
standards for surveys set forth by the Florida Professional Board of Surveyors and
Mappers in chapter 5J-17 052 Florida Administrative code, pursuant to section
472.027 Florida State Statutes.
5 -fl- 1%
Date of Signature
.„7,1m
David M. Silon
Professional Surveyor and Mapper
Florida Certificate No. 6139
THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
INDIAN RIVER COUNTY ADMINISTRATION BUILDING
1801 27th STREET
VERO BEACH, FL 32960
(772) 567-8000
/ND/AN R/VER COUNTY
Deoor/men/ of Public Works
Engineering Division
DRAWN BY'
R. /NGLETT
SECTION 26
APPROVED BY
D. S/LON
TOWNSHIP 32
RANGE 3.9
SKETCH OF DESCR/PT/ON
FOR
QUAL/TY FRU/T PACKERS
SHEET
nF L
F: \Public Wo ks\ENGINEERING DIVISION PROJECTS \1355 -45th St_US1 Left Turn Lane\Survey\1355-45th St_US1
Left Turn Lane\1355-45th St and Dixie Corner Cut Skt—Lgl.dwg
gy.
�s a
LEGAL DESCRIPTION: RIGHT OF WAY ACQUISITION
POINT OF COMMENCEMENT
INTERSECTION OF CENTERLINE OF
RIGHT-OF-WAY OLD DIXIE HIGHWAY AND
NORTH LINE SECTION 26, T32S, R39E
32-39-23-00000-5000-00015.0
AOP OF DELAWARE INC.
O.R.B. 2467, PG 15
S89'46'13"E
41.18'
—S00'13'47"W
25.00'
u)
N
in
N
N N
45TH STREET
ca (NORTH GIFFORD ROAD)
oa SOUTH LINE SECTION 23,T32S, R39E
NORTH LINE SECTION 26,T32S, R39E
RIGHT—OF—WAY LINE
N n
�N
a. 0
oa
da
S89'46'13"E (BEARING BASE)
RIGHT—OF—WAY LINE
S89'46'13"E - 371.74'
POINT OF
N89'46'13"W - 337.86'
PROPOSED RIGHT—OF—WAY LINE
32-39-23-00000-5000-00015.1
FISHER, ROBERT W JR do BETTY A
O.R.B. 2403, PG 2102
RIGHT—OF—WAY LINE
32-39-26-00000-3000-00003.0
OUAUTY FRUIT PACKERS IR INC
O.R.B. 963, PG 2384
^§:) NOT PLATTED (IMPROVED)
RIGHT—OF—WAY LINE
45TH STREET
(NORTH GIFFORD ROAD)
32-39-23-00000-5000-00028.1—
WALTRIP, DONN
O.R.B. 1471, PG 1169
SOUTH LINE SECTION 23,T32S, R39E
NORTH LINE SECTION 26,T32S, R39E
S89'46'13"E (BEARING BASE)
RIGHT—OF—WAY LINE
S89'46 13 E - 371.74'
/ S00'13'47"W/////4r / 00// r
N89'46'13"W - 337.86'/���/(///(////////i!!//�
PROPOSLD RI IGH OF -WAY IJNL
32-39-26-00000-3000-00003.0
QUALITY FRUIT PACKERS IR INC
O.R.B. 963, PG 2384
NOT PLATTED (IMPROVED)
0
in
0
u7
1
P.B. 11, PAGE 25
P.B. 11, PAGE 25
0
in
N
Legend and Abbreviations
I COR = CORNER
Co. = COMPANY
ESMT = EASEMENT
L.L.C. = LIMITED LIABILITY COMPANY
3 L = ARC LENGTH
0 O.R.B. = OFFICIAL RECORDS BOOK
W MAG = MAGNETIC
m P.B. = PLAT BOOK
W P.C. = POINT OF CURVATURE
W P.I.D. = PARCEL IDENTIFICATION
0 P O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
P T = POINT OF TANGENT
PROP = PROPERTY
a' a Z P.S.M. = PROFESSIONAL SURVEYOR
AND MAPPER
R = RANGE
2 RNV =RIGHT OF WAY
SEC = SECTION -TOWNSHIP -RANGE
Q A = CENTRAL ANGLE
Z T = TOWNSHIP
1- N
5' NON—EXCLUSIVE
DRAINAGE EASEMENT
O.R.B. 942, PAGE 1680
GRAPHIC SCALE
40 0 40
80
(INFEET )
Intended display scale:
1 inch = 40 feet
THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
INDIAN RIVER COUNTY ADMINISTRATION BUILDING
1801 27th STREET
VERO BEACH, FL 32960
(772) 567-8000
/ND/AN R/VER COUNTY I DRAWN BY'
Rpeoarimen/ of Public Works j /
ETT APPROVEDD BY' BY'
Engineering Division D. S/LON
F: \Public Wo ks\ENGINEERING DIVISION PROJECTS\1355-45th St_US1 Left Turn Lane\Survey\1355-45th St_US1
SECTION 26_�
TOWNSHIP 32
RANGE 39
SKETCH OF DESCR/PT/ON
FOR
QUAL/TY FRU/T PACKERS
SHEET
aF 2
Left Turn Lane\1355-45th St and Dixie Corner Cut Skt—Lgl.dwg
Parcel: 32392600000300000003.0
i
PART OF TI -IE NE 1/4 OF THE NW 1/4 OP SEC
26, TWP 32S, RGE 39E IND RIV CTY FL MORE PART DESC AS FOLL
FR THE INTERSECTION '
OF THE ELY R/W OF OLD US HWY #1 & THE N
LINE OF SEC 26, BEING THE CENTERLINE OF 101FFORD RD; TH R
UN SELY ALONG SAII) ELY /
R/W OFOLD USHWY#1,25.95FTToTHE If
OB: FR SAID POB CONT S 15 DEG 19 SE 55 MIN E ALONG THE EL
Y R/W OF OLD US HWY #1
A DIST OF 201.28 FT; TH RUNS 89 ' EG 46
SEC 07 MIN E ALONG THE N LI OF THE LUKE M KNIGHT PROPER
TY A DIST OF 200.00 FT
; TH RUN S 15 DEG 19 SEC S15'MIN E A DIST
OF 49.27 FT; TI -1 RUN S 89 ' EG 46 SEC 07 MIN E ALONG THE N
LINE OF QUALITY FRUIT
' PACKERS OF IND RIVfNC PROPERTY A DIST 0
F205.47FTTOTHE YJR)WOFTHE NEW USHWY #1;THRUN N II
DEG 57 SEC 44 MIN' W A
It*
LONG SAID W Ii 1y' A DIST OF 201.47 FT To P
• T OF RADIAL R4TURN ON S R/W OF N GIFFORD RD; TH RUN ALONG
THE ARC OF•1A CURVE CON
CAVE TO T E SW HAVING A 25 FT RADIUS & A
DELTA A ' GLE OF 77 DEG 50 SEC 43 MIN AN AARC DIST OF 33.97
FT TO E END OF SMD
CURV; TH RUN N 89 DEG 48 SEC 32 MIN W
A D T OF 32.31 FT; TH N 00 DEG 11 SEC 28 MIN E A DIST OF
2 "T TO THE S R/W OF
GIFFORD RD; TH RUN N 89 DEG 48 SEC 32
IN W ALO SAID S R/W A DIST OF 373.56 FT TO THE POB.
A TRUE COPY
'CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
1111 LAND TITLE lNSURANCC CUM?ANY
WESTCOR
POLICY NO.
O P -25-F L 1394-5746033
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 * 47082906
Atlantic Coastal Land Title Company, LLC WESTCOR LAND TITLE INSURANCE COMPANY
855 21st Street, Suite C
Vero Beach, FL 32960
By:
Attest:
Al\/ OV044X,M
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 a judgment 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.
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
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 I(a) does
not modify or limit the coverage provided under Covered
Risk 5.
(b) Any governmental police power. This Exclusion I (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 Lisured 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 (i) an estate or interest in the Land, or (ii) an obligation
secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
CLAIMANT
The Insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in Section 5(a) of these 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.
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 othcr 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
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 arc both wholly-
owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(0 "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 terns "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 decd, 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
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WI,T1C 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 Toss or
damage to the Insured. The Company may take any appropri-
ate action under the terns of this policy, whether or not it shall
be liable to the Insured. The exercise of these rights shall not
be an admission of liability or waiver of any provision of this
policy. If the Company exercises its rights under this subsection,
it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense
as required or permitted by this policy, the Company may
pursue the litigation to a final determination by a court of
competent jurisdiction, and it expressly reserves the right,
in its sole discretion, to appeal any adverse judgment or
order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or 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 Ensured for this purpose. Whenever requested by the
Company, the Insured, at the Company's expense, shall give the
Company all reasonable aid (i) in securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding,
or effecting settlement, and (ii) in any other lawful act that in
the opinion of the Company may be necessary or desirable to
establish the Title or any other matter as insured. If the Company
is prejudiced by the failure of the Insured to furnish the required
cooperation, the Company's obligations to the insured under
the policy shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, with regard to
the matter or matters requiring such cooperation.
(b) The Company may reasonably require the insured Claimant to
submit to examination under oath by any authorized representa-
tive of the Company and to produce for examination, inspection,
and copying, at such reasonable tines 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 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 infortnation from
third parties as required in this subsection, unless prohibited
by law or governmental regulation, shall terminate any liability
of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of insurance. To pay
A TRUE COPY
ERTIFICATiON! ON LAST PAGE
or tender payment of the Amount of Insurance under this policy
together with any costs, attorneys' fees, and expenses incurred
by the Insured Claimant that were authorized by the Company
up to the time of payment or tender of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of this option, all liability
and obligations of the Company to the Insured under this policy,
other than to make the payment required in this subsection,
shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the insured
or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the naive
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 othenvise 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 be made, shall terminate, including any li-
ability or obligation to defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss
or damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by
this policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and
the value of the Title subject to the risk insured against by
this policy.
(b) If the Company pursues its rights under Section 5 of these Con-
ditions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss
or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In addition to the extent of liability under (a) and (b), the Com-
pany will also pay those costs, attorneys' fees, 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 of a right of ac-
cess to or from the Land, or cures the claim of Unmarketable
Title, all as insured, in a reasonably diligent tnanner 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.
OP -25 ALTA Owners Policy oFTitle insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 1/26/11)
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 after Date of
Policy and which is a charge or lien on the Title, and the amount
so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be
made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR
SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other rights
and remedies in respect to the claim that the Insured Claimant
has against any person or property, to the extent of the amount
of any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured Claimant
shall execute documents to evidence the transfer to the 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 after the Insured Claimant shall
have recovered its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance,
or bonds, notwithstanding any terms or conditions contained
in those instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable 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.
A TRUE COPY
ERTiFICAT ION ON LAST PAGE
,!.F. SMITH, CLERK
Arbitration pursuant to this policy and under the Rules in effect
on the date the demand for arbitration is made or, at the option of
the Insured, the Rules in effect at Date of Policy shall be binding
upon the parties. The award may include attorneys' fees only if
the laws of the state in which the Land is located permit a court
to award attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s) may be entered in any court
having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under
the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY
ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to
it by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim whether or not based
on negligence shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provi-
sions. Except as the endorsement expressly states, it does not
(1) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii) extend the Date of Policy,
or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined
the premium charged therefor in reliance upon the law affecting
interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance
of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity
of claims against the Title that are adverse to the Insured and
to interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles
to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought
by the Insured against the Company must be filed only in a
state or federal court within the United States of America or its
territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be
given to the Company at: 875 Concourse Parkway South, Suite
200, Maitland, FL 32751.
OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 1/26/11) 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
A TRUE COPY
GERTHCATION ON LAST PAGE
J.R SMITH, CLERK
ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS)
File Number: Policy Number:
47082906 OP-25-FL1394-
5746033
SCHEDULE A
Date of Policy:
3/8/17 @ 10:45 AM
Premium: Amount of Insurance:
$762.50 $137,500.00
Property Type:
State: Florida, County: INDIAN RIVER
Address Reference: Part of 45th Street, Vero Beach, FL
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 in:
Indian River County, a Political Subdivision of the State of Florida
4. The Land referred to in this policy is described as follows:
Being a Parcel of land lying in Section 26, Township 32 South, Range 39 East, said Parcel
also being a portion of a Tract of land as recorded in Official Record Book 963, Page 2384 of
the Public Records of Indian River County, Florida said Parcel being more particularly
described as follows:
Commence at the intersection of the Centerline of Right -of -Way of Old Dixie Highway as
shown on the Old Dixie Highway Right -of -Way Map, per Plat Book 24, Page 81, Public
Records of Indian River County, Florida, with the North line of Section 26, Township 32
South, Range 39 South; thence South 89 degrees 46 minutes 13 seconds East, along the said
North line of Section 26, a distance of 41.18 feet; thence departing said North line, South 00
degrees 13 minutes 47 seconds West, a distance of 25.00 feet to the Northwest corner of said
Parcel recorded in Official Records Book 963 Page 2384 of said Public Records, said corner
also being the intersection of the East Right -of -Way of Old Dixie Highway and the South
Right -of -Way line of 45th Street (North Gifford Road) and the Point of Beginning of the
following described Parcel;
Thence South 89 degrees 46 minutes 13 seconds East, along the South Right -of -Way line of
45th Street, said line being 25.00 feet South of and parallel with as measured at right angles
to the North line of said Section 26, a distance of 371.74 feet to the Westerly Right -of -Way line
of U.S. Highway No. 1 (State Road No. 5) as shown on the State of Florida State Road
departing Right -of -Way Map Section No. 88500-2602 as recorded in Plat Book 11, Page 25, of
the Public Records of Indian River County, Florida; thence South 00 degrees 13 minutes 47
seconds West, along said West Right -of -Way line, a distance of 14.00 feet; thence departing
said West Right -of -Way line, North 89 degrees 46 minutes 13 seconds West, along a line that
is 14.00 feet South of and parallel with as measured at right angles to the said South Right -of -
Way line of 45th Street, a distance of 337.86 feet; thence South 37 degrees 28 minutes 56
seconds West, a distance of 36.32 feet to a point on the East Right -of -Way of Old Dixie
Highway; thence North 15 degrees 15 minutes 55 seconds West, along said East Right -of -
Way, a distance of 44.53 feet to the Point of Beginning.
Note: This policy is of no force and effect unless Schedule A and Schedule B are attached together with any added pages
incorporated by reference.
OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and B (With Florida Modifications) (WLTIC Edition 1/26/11)
Our File No.: 47082906
LIF -1
ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS)
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLE',AK
Issued By
Atlantic Coastal Land Title Company, LLC
855 21st Street, Suite C
Vero Beach, Florida 32960
772-569-4364 Telephone
772-569-8688 Fax
LTF
Note: This policy is of no force and effect unless Schedule A and Schedule B are attached together with any added pages
incorporated by reference.
OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and B (VVith Florida Modifications) (WLTIC Edition 1/26/11)
Our File No.: 47082906
ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS)
Policy No. OP-25-FL1394.5746033
File No.: 47082906
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLLIIK
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Except as provided in Schedule B - Part 11, 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. Rights or claims of parties in possession not shown by the Public Records.
2. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed by an
accurate survey and inspection of the premises.
3. Easements or claims of easements not shown by the Public Records.
4. Taxes or special assessments which are not shown as existing liens by the public records.
5. Taxes and assessments for the year 2017 and subsequent years, which are not yet due and payable.
Exceptions Numbered NONE above are hereby deleted
6. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for
unpaid service charges for service by any water, sewer or gas system supplying the insured land.
Note: This policy is of no force and effect unless Schedule A and Schedule B are attached together with any added pages
incorporated by reference.
OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and B (With Florida Modifications) (WLTIC Edition 1/26/11)
Our File No.: 47082906
ITF-I
3120170012445
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3006 PG: 952 Page 1 of 5 3/8/2017 10:45 AM
D DOCTAX PD $962.50
A TRUE COPY
This Instrument Prepared by and Return to: CERTIHCAT ION ON LAST PAGE
J.P. SMITH, CL_ iK
Jason Beal
Atlantic Coastal Land Title Company, LLC
855 21st Street, Suite C
Vero Beach, Florida 32960
Our File No.: 47082906
Property Appraisers Parcel Identification (Folio) Number: 32392600000300000003.0 (Parent Parcel)
Florida Documentary Stamps in the amount of $962.50 have been paid hereon.
Space above this line for Recording Data
WARRANTY DEED
THIS WARRANTY DEED, made the ;,/1/ day of February, 2017,..by Quality Fruit Packers of Indian River,
Inc., a Florida corporation, whose post office address is 4425 N US 1, Vero Beach, FL 32967, herein called the
Grantor, to Indian River County, a Political Subdivision of the State of Florida, whose post office address is
1801 27th Street, Vero Beach, FL 32960, hereinafter called the Grantee:
(Wherever used herein the terns "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and 00/100 ($10.00) and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of
Florida, viz.:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Subject to easements, restrictions and reservations of record and taxes for the year 2017 and
thereafter.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;
that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2016.
File No.: 47082906
LTF
A TRUE COPY
CERT i:-'1CAI!ON ON LAST PAGE
.!.R. SMITE, C;L isK
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above
written.
Signed pealed and d51i red -in the presence of:
r
Wtness Signature ; .�
Wtiss,#1 Printe/jjf'Name , %'
fitness #2 Signature,
/ \
Witness #2 Printed Name,
State of Florida
County of Indian River
Quality Fruit Packers of Indian River, Inc., a
Flori u . p r . tion
Willies s, Sr., ice President
(Seal)
The foregoing instrument was acknowledged before me this f7 day of February, 2017, by William C. Estes, Sr.,
Vice President of Quality Fruit Packers of Indian River, Inc., a Florida corporation who is personally known to me
or has produced as identification.
SEAL
My Commission Ex, ares e` ,,,,,,,
A PVe,, JASON A. BEAL
i ;•'a�.,.+,:t; Notary Public - State of Florida
1 _ Commission # GG 017550
File No.: 47082906
FocF�o�.� My Comm. Expires Oct 11, 2020
‘''..... on ed through National Notary Assn.
Printed Notary Name
LTF
A TRITE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLcIiK
Exhibit "A"
LEGAL DESCRIPTION
Being a Parcel of land lying in Section 26, Township 32 South, Range 39 East, said Parcel also being a
portion of a Tract of land as recorded in Official Record Book 963, Page 2384 of the Public Records of
Indian River County, Florida said Parcel being more particularly described as follows:
Commence at the intersection of the Centerline of Right -of -Way of Old Dixie Highway as shown on the
Old Dixie Highway Right -of -Way Map, per Plat Book 24, Page 81, Public Records of Indian River
County, Florida, with the North line of Section 26, Township 32 South, Range 39 South; thence South
89 degrees 46 minutes 13 seconds East, along the said North line of Section 26, a distance of 41.18 feet;
thence departing said North line, South 00 degrees 13 minutes 47 seconds West, a distance of 25.00 feet
to the Northwest corner of said Parcel recorded in Official Records Book 963 Page 2384 of said Public
Records, said corner also being the intersection of the East Right -of -Way of Old Dixie Highway and
the South Right -of -Way line of 45th Street (North Gifford Road) and the Point of Beginning of the
following described Parcel;
Thence South 89 degrees 46 minutes 13 seconds East, along the South Right -of -Way line of 45th Street,
said line being 25.00 feet South of and parallel with as measured at right angles to the North line of
said Section 26, a distance of 371.74 feet to the Westerly Right -of -Way line of U.S. Highway No. 1
(State Road No. 5) as shown on the State of Florida State Road departing Right -of -Way Map Section
No. 88500-2602 as recorded in Plat Book 11, Page 25, of the Public Records of Indian River County,
Florida; thence South 00 degrees 13 minutes 47 seconds West, along said West Right -of -Way line, a
distance of 14.00 feet; thence departing said West Right -of -Way line, North 89 degrees 46 minutes 13
seconds West, along a line that is 14.00 feet South of and parallel with as measured at right angles to
the said South Right -of -Way line of 45th Street, a distance of 337.86 feet; thence South 37 degrees 28
minutes 56 seconds West, a distance of 36.32 feet to a point on the East Right -of -Way of Old Dixie
Highway; thence North 15 degrees 15 minutes 55 seconds West, along said East Right -of -Way, a
distance of 44.53 feet to the Point of Beginning.
File No.: 47082906
LTF
LEGAL DESCRIPTION: RiGHT OF WAY ACQUISITION
Legal Description
Being a Parcel of land lying in Section 26,Township 32 South, Range 39
East, said parcel also being a portion of a Tract of land as recorded in Official
Record Book 963, Page 2384 of the Public Records of Indian River County,
Florida, said parcel being more particularly described as follows:
Commence at the Intersection of the Centerline of Right -of -Way of Old Dixie
Highway as shown on the Old Dixie Highway Right -of -Way Map, per Plat
Book 24, Page 81, Public records of Indian River County, Florida, with the
North line of Section 26, Township 32 South, Range 39 South; Thence South
89'46'13" East, along the sald North One of Section 26, a distance of 41.18
feet; Thence departing said North line, South 00°13'47" West, a distance of
25.00 feet to the Northwest comer of said Parcel recorded in Official Record
Book 963 page 2384 of said Public Records, said comer also being the
intersection of the East right -of -Way of Old Dixie Highway and the South
Right -of -Way line of 45th Street (North Gifford Road) and the Point of
Beginning of the following described parcel;
Thence South 89°46'13" East, along the South Right -of -Way line of said 45th
Street, said line being 25.00 feet South of and parallel with as measured at
right angles to the North line of said Section 26, a distance of 371.74 feet to
the Westerly Right -of -Way line of U.S. Highway No. 1 (State Road No. 5) as
shown on the State of Florida State Road Department Right -of -Way Map
Section No. 88500-2602 as recorded in Plat Book 11, Page 25, of the Public
Records of Indian river County, Florida; Thence South 00'13'47" West, along
said West right-of-way Line, a distance of 14.00 feet; Thence departing said
West Right -of -Way line, North 89'46'13" West, along a line that is 14.00 feet
South of and parallel with as measured at right angles to the said South
Right -of -Way line of 45th Street, a distance of 337.86 feet; Thence South
37'28'56" West, a distance of 36.32 feet to a point on the East Right -of -Way
line of said Old Dixie Highway: Thence North 15'15'55" West, along said
East Right -of -Way, a distance of 44.53 feet to the Point of Beginning.
Containing: 0.13 Acres (5611 square feet), more or less
Legend and Abbreviations
COR = CORNER
Co. = COMPANY
ESMT=EASEMENT
I.R.F.W.C.D. = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
O.R.B. = OFFICIAL RECORDS BOOK
MAG = MAGNETIC
PROP = PROPERTY
P.S.M. = PROFESSIONAL SURVEYOR
AND MAPPER
R = RANGE
R/W = RIGHT OF WAY
SEC = SECTION -TOWNSHIP -RANGE
A = CENTRAL ANGLE
P.B.S. = ST. LUCIE COUNTY PLAT BOOK
P.I.D. = PARCEL IDENTIFICATION
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
P.T. = POINT OF TANGENT
T = TOWNSHIP
Surveyor's Notes
1) This sketch and Legal Description was prepared with the benefit of a Topographic Survey
(Project No. 1355) prepared by Indian River County Personnel on the date of 2123/15.
2) This legal description shall not be valid unless:
(A) Provided in its entirety consisting of 2 sheets, with sheet 2 showing the
sketch of the legal description.
(B) Reproductions of the description and sketch are signed and sealed with
an embossed surveyor's seal.
3) Bearings shown hereon are based on the Florida State Plane Coordinate
System, as referenced to the North American Datum (NAD) 1983 adjustment
of 2011, Florida East Zone. and are further referenced to the North line of
Section 26 Township 32 South, Range 39 East, said line bears South 89°46'13" East.
Certification
(Not valid without the signature and original
raised seal of a Florida licensed Surveyor and Mapper)
I hereby certify that the Sketch and Legal Description of the property shown and
described hereon was completed under my direction and said Sketch and Legal is
true and correct to the best of my knowledge and belief.
I further certify that this Sketch and Description meets the Minimum Technical
standards for surveys set forth by the Florida Professional Board of Surveyors and
Mappers in chapter 5J-17.052 Florida Administrative code, pursuant to section
472.027 Florida State Statutes.
S—rt- t(,
Date of Signature
7
David'1. Silon
Professional Surveyor and Mapper
Florida Certificate No. 6139
THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
INDIAN RIVER COUNTY ADMINISTRATION BUILDING
1801 27th STREET
VERO BEACH, FL 32960
(772) 567-8000
/ND/AN R/VER COUNTY DRAY NBY` SECTION 26 SKETCH OF D£SCR/PT/ON S"�T
Department of Pub//c Works APRO/VEEDBY: TOWNSHIP 32 FOR
Engineering Division D. MONNGE 39 QUAL/TY FRU/T PACKERS of 2
F: \Public Works\ENGINEERING DIVISION PROJECTS\1355-45th St_US1 Left Turn Lone\Survey\1355-45th St_USi Left Turn Lan \1355 -45th St and Dixie Corner Cut Skt—Lgi.dwg
O
32-39-23-00000-5000-00028.1
I WALTRIP, DONN l
O.R.B. 1471, PG 1189 f
CO I
LEGAL DESCRIPTION: RIGHT OF WAY ACQUISITION
POINT OF COMMENCEMENT
INTERSECTION OF CENTERLINE OF
RIGHT—OF—WAY OLD DIXIE HIGHWAY AND
NORTH LINE SECTION 26, T32S, R39E
32-39-23-00000-5000-00015.0
AOP OF DELAWARE INC.
O.R.B. 2467, PG 15
S89'46' 13"E
41.18'
500'13'47"W
25.00'
POINr Of
BEGI
N
in
RIGHT—OF—WAY UNE
N� 45TH STREET
m (NORTH GIFFORD ROAD)
do- SOUTH LINE SECTION 23,T32S, R39E
o,7115RTH LINE SECTION 26,T32S, R39E
S89'46'13"E (BEARING BASE)
RIGHT—OF—WAY UNE
o o. S89'46'13"E — 371.74'
N89'46'13'W — 337.86'
PROPOSED RIGHT—OF—WAY U E
4.4
0
in
N N
cd <5
a: n.
32-39-23-00000-5000-00015.1
FISHER, ROBERT W JR & BETTY A
O.R.B. 2403, PG 2102
RIGHT—OF—WAY UNE
32-39-26-00000-3000-00003.0
43 QUAUTY FRUIT PACKERS IR INC
O.R.B. 963, PG 2384
'Sco' NOT PLATTED (IMPROVED)
RIGHT—OF—WAY LINE
457H STREET
(NORTH GIFFORD ROAD)
SOUTH LINE SECTION 23,T32S, R39E
NORTH LINE SECTION 26,T32S, R39E
S89'46'13"E (BEARING BASE)
RIGHT—OF—WAY LINE
Z S89'46'13"E — 371.74'
,N89'46 13 W — 337.86'
PRUHOSEU
N
m
o•
d
4(0013'47"W -14.00'
/(i((
32-39-26-00000-3000-00003.0
QUALITY FRUIT PACKERS IR INC
O.R.B. 963, PC 2384
NOT PLATTED (IMPROVED)
0
to
P.B. 11. PAGE
N
P.B. 11. PAGE
5' NON—EXCLUSIVE
DRAINAGE EASEMENT
O.R.B. 942, PAGE 1680
Legend and Abbreviations
COR = CORNER
Co. = COMPANY
ESMT = EASEMENT
L.L.C. = LIMITED LIABILITY COMPANY
L = ARC LENGTH
O.R.B. = OFFICIAL RECORDS BOOK
MAG = MAGNETIC
P.B. = PLAT BOOK
P.C. = POINT OF CURVATURE
P.I.D. = PARCEL IDENTIFICATION
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
P.T. = POINT OF TANGENT
PROP = PROPERTY
P.S.M. = PROFESSIONAL SURVEYOR
AND MAPPER
R = RANGE
R/W = RIGHT OF WAY
SEC = SECTION -TOWNSHIP -RANGE
A = CENTRAL ANGLE
T = TOWNSHIP
•• e'
y0• • ..
•.r1.....
nos -•
GRAPHIC SCALE
40 0 40
(IN FEET)GO I-
< x
Intended display scale:
1 inch = 40 feet \ o a
THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY z 7C
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
V:\\
NDIAN RIVER COUNTY ADMINISTRATION BUILDING /ND/AN R/VER COUNTY DRAWN BY: SECTION 26
1801 STREET . Dewar/men/ of Public Works R. JNGLEIT TOWNSHIP 32
VERO BEACH, FL 32960 �' APPRoveoer:
(772) 567-8000 Engineering Division D. S/L12N RANGE 39
F: Public Works ENGINEERING DIVISION PROJECTS\1355-45th St_US1 Left Turn Lane\Survey`1355-45th St_US1
SKETCH OF DE-SCR/PT/ON
FOR er 0
OVAL/TY FRU/T PACKERS pgiP D
Left Turn Lane 1355 -45th St and DIxie Corner Cut Skt—
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