HomeMy WebLinkAbout2017-142 AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
SBA TOWERS III LLC
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the 3rdday of ortnber , 2017, by and between Indian
River County, a political subdivision of the State of Florida ("the County"), and SBA Towers
III Inc. ("Seller") who agree as follows:
WHEREAS, Seller owns property located at 6590 65th Street,Vero Beach, Florida.A
legal description of the property is attached to this agreement as Exhibit "A" and
incorporated by reference herein; and
WHEREAS, the County is scheduled to do road improvements on 66th Avenue
between 49th Street and 81st Street in the future and the road expansion will impact the
Seller's property, and
WHEREAS, in order for the County to proceed with its road expansion plans, the
County needs to purchase property to be used as right-of-way from landowners along and
adjacent to 66th Avenue; and
WHEREAS,the County has contacted the Seller and has offered to purchase right-
of-way of approximately 19,555 square feet or 0.45 acres of property as depicted on
Exhibit "B", and
WHEREAS, the County also needs a 10 foot Temporary Construction Easement
(TCE)from Seller as described on Exhibit"C"attached in order to facilitate the Project, and
WHEREAS,the Parties agree this is an arm's length transaction between the Seller
and the County, without the threat of eminent domain.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter, the COUNTY and SELLER agree as follows:
1. Recitals. The above recitals are affirmed as being true and correct and are
incorporated herein.
2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County,
and the County hereby agrees to purchase from Seller, upon the terms and conditions set
forth in this Agreement that certain parcel of real property located at 6590 65th Street,Vero
Beach, Florida and more specifically described in the legal description attached as Exhibit
"B", fee simple, containing approximately 19,555 square feet, all improvements thereon,
together with all easements, rights and uses now or hereafter belonging thereto
(collectively, the "Property").
2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Property shall be $26,200.00 (Twenty Six Thousand Two Hundred and 00/100 Dollars).
The Purchase Price shall be paid on the Closing Date. The Effective Date of this
Agreement shall be the date upon which the County shall have approved the execution of
this Agreement, either by approval by the Indian River County Board of County
Commissioners at a formal meeting of such Board or by the County Administrator pursuant
to his delegated authority.
3. Title. Seller shall convey marketable title to the Property by warranty deed free of
claims, liens, easements and encumbrances of record or known to Seller; but subject to
property taxes for the year of Closing and covenants, restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing; and (b) none of the foregoing prevents County's intended use and development
of the Property ("Permitted Exceptions").
3.1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property. County shall within fifteen (15) days following
the Effective Date of this Agreement deliver written notice to Seller of title defects. Title
shall be deemed acceptable to County if(a) County fails to deliver notice of defects within
the time specified, or (b) County delivers notice and Seller cures the defects within thirty
(30)days from receipt of notice from County of title defects ("Curative Period"). Seller shall
use best efforts to cure the defects within the Curative Period and if the title defects are not
cured within the Curative Period, County shall have thirty (30) days from the end of the
Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement,
whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up
to an additional 90 days; or (iii) accept title subject to existing defects and proceed to
closing.
4. Representations of the Seller.
4.1 Seller is indefeasibly seized of marketable,fee simple title to the Property, and is the
sole owner of and has good right, title, and authority to convey and transfer the Property
which is the subject matter of this Agreement, free and clear of all liens and
encumbrances.
4.2 From and after the Effective Date of this Agreement, Seller shall take no action
which would impair or otherwise affect title to any portion of the Property, and shall record
no documents in the Public Records which would affect title to the Property, without the
prior written consent of the County.
4.3.1 There are no existing or pending special assessments affecting the Property, which
are or may be assessed by any governmental authority, water or sewer authority, school
district, drainage district or any other special taxing district.
5. Default.
5.1 In the event the County shall fail to perform any of its obligations hereunder, the
Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance, damages, or
otherwise against the County; or (ii) waive the County's default and proceed to Closing.
5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the
County shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor
any other person or party shall have any claim for specific performance, damages or
otherwise against the Seller; or(ii)obtain specific performance of the terms and conditions
hereof; or (iii) waive the Seller's default and proceed to Closing:
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 45 days following the execution of the contract by the Chairman of
the Board of County Commissioners. The parties agree that the Closing shall be as
follows:
(a) The Seller shall execute and deliver to the County a warranty deed conveying
marketable title to the Property, free and clear of all liens and encumbrances and in the
condition required by paragraph 3.
(b) The Seller shall have removed all of its personal property and equipment from the
Property and Seller shall deliver possession of the Property to County vacant and in the
same or better condition that existed at the Effective Date hereof.
(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails
to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.
(d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County
an affidavit, in a form acceptable to the County, certifying that the Seller and any interest
holders are not subject to tax under the Foreign Investment and Real Property Tax Act of
1980.
(e) The Seller and the County shall each deliver to the other such other documents or
instruments as may reasonably be required to close this transaction.
6.2 Taxes. All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date (except current taxes which are not yet due and payable)
shall be paid by the Seller.
7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing
documents.
7.1 County shall pay the following expenses at Closing:
7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement.
7.1.2 Documentary Stamps required to be affixed to the warranty deed.
7.1.3 All costs and premiums for the owner's marketability title insurance commitment and
policy, if any.
7.1.4 All cost associated with the relocation of any utilities.
7.2 Seller shall pay the following expenses at or prior to Closing:
7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the
Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
8. Miscellaneous.
8.1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida. Venue shall be in Indian River County for all state
court matters, and in the Southern District of Florida for all federal court matters.
8.2 Condemnation. In the event that all or any part of the Property shall be acquired or
condemned for any public or quasi-public use or purpose, or if any acquisition or
condemnation proceedings shall be threatened or begun prior to the Closing of this
transaction, County shall have the option to either terminate this Agreement, and the
obligations of all parties hereunder shall cease, or to proceed, subject to all other terms,
covenants, conditions, representations and warranties of this Agreement, to the Closing of
the transaction contemplated hereby and receive title to the Property; receiving, however,
any and all damages, awards or other compensation arising from or attributable to such
acquisition or condemnation proceedings. County shall have the right to participate in any
such proceedings.
8.3 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or
oral, between the Seller and the County relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party. The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns.
8.5 Access and Utilities. The County agrees that Seller and its tenants, representatives,
agents, and invitees are entitled to unlimited and uninterrupted access to the property 24
hours a day, 7 days per week, and that no interruption in utility service will occur unless
and until coordinated with, and agreed upon by, Seller.
8.6 Notices. Any notice shall be deemed duly served if personally served or if mailed by
certified mail, return receipt requested, or if sent via "overnight"courier service or facsimile
transmission, as follows:
If to Seller: SBA Towers III LLC
8051 Congress Ave Pkwy NW
Boca Raton, FL 33487
Attn: Sharon S. Schwartz— Legal Operations
If to County: Indian River County
1801 27th Street
Vero Beach, FL. 32960
Attn: Land Acquisition/Monique Filipiak
Either party may change the information above by giving written notice of such change as
provided in this paragraph.
8.7 Survival and Benefit. Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith, shall
survive the Closing Date and the consummation of the transaction provided for herein.
The covenants, agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto, its successors
and assigns, and are not made for the benefit of, nor may they be relied upon, by any other
person whatsoever.
8.8 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees, costs, and expenses.
8.9. Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall constitute an original.
8.10 County Approval Required: This Agreement is subject to approval by the Indian
River County as set forth in paragraph 2.
8.11 Beneficial Interest Disclosure: In the event Seller is a partnership, limited
partnership, corporation, trust, or any form of representative capacity whatsoever for
others, Seller shall provide a fully completed, executed, and sworn beneficial interest
disclosure statement in the form attached to this Agreement as an exhibit that complies
with all of the provisions of Florida Statutes Section 286.23 prior to approval of this
Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a),
the beneficial interest in any entity registered with the Federal Securities and Exchange
Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for
sale to the general public, is exempt from disclosure; and where the Seller is a non-public
entity, that Seller is not required to disclose persons or entities holding less than five (5%)
percent of the beneficial interest in Seller.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
INDIAN RIVER COUNTY, FLORIDA SBA Towers III LLC
BOARD OF COUNTY COMMISSIONERS a Florida Limited Liability Company
om �o� CoiliM;ss �I'�n✓1� 0017
/•,ops". �io^� z-- c LJoseph ' Flescher, aiftan y`�` Sharon S. Schwartz ate
�, I �f1J * Vice President and Associate
, ; •
?z:. General Counsel, Legal Operations
Approved by BCC October_' '. • I 1 i 6';
ATTEST:
Jeffrey R. Smith, Cler of Court and Comptroller
By: (42
Deputy Clerk
Appr. -0:
Jason r . Br iwn, County Administrator
Ap d as t For nd L I Sufficiency:
William K. DeBraal, Deputy County Attorney
EXHIBIT "A"
The following described land, situate and being in the County of Indian River, State of
Florida, to wit:
The West 20 acres of Tract 5, Section 8, Township 32 South, Range 39 East,
according to the plat of Indian River Farms Company filed in the office of the Clerk of
the Circuit Court of St. Lucie County. Florida, in Plat Book 2, Page 25, now part of the
records in Indian River County, Florida.
LESS AND EXCEPT: the South 50 feet of the above described property conveyed for
road right of way purposes for South Winter Beach Road in Official Record Book 32,
page 33, Public Records of Indian River County, Florida.
LESS AND EXCEPT: All that certain land situate in Indian River County, State of
Florida, viz: The North 10 acres of the West 20 acres of Tract 5, Section 8, Township
32 South, Range 39 East, according to the last general plat of the Indian River Farms
Company, filed in the office of the Clerk of the Court of St. Lucie County, Florida, in Plat
Book 2, Page 25, said land now lying in Indian River County, Florida.
Commonly known as: 6590 65th Street, Vero Beach, FL 32967
Parcel ID Number: 32-39-08-00001-0050-00001.0
EXHIBIT"B"
66th AVENUE
PARCEL 308 w N
N no
W . N E ›— I I INDIAN RIVER FARMS CO.
U-
03 50 PLAT BOOK 2, PAGE 25 0
0 50' (ST. LUCIE) _
S D o o TRACT 5 W
d 0 w z F 32390800001005000001.0 w Y 0
nlW w ORB 822, PG 799 Z to LI-
Nwin
0 651.82'± j � CO �
�IL� _z Q QRZ
0 0 ACCESS EASEMENT 19,555 SQ.FT. L Z W Z
z 1n F- 2,500 SQ.FT. 0.45 ACRES Lo 0 a 0
m 3 L3 0.06 ACRES 10' TCE d Q CC 1
>
L2 %%-4;j� L5 50— �� - -
PROPOSED RIGHT OF WAY CO
w • . J �I PARCEL 308 I _ PROPOSED RIGHT OF WAY 0
EXISTING RIGHT OF WAS _n �, ! 30'J 65th STREET EXIST NG RIGHT OF WAY p Q
- — — — - a I .,Ii. 80'— SOUTH LINE N.W. QUARTER OF SECTION B- — TRACT LINE— — —
66TH AVE. BASELINEZ
LINE TABLE 0 -
FDOT 50' WIDER WI
/ PER Al P.O.C. LINE LENGTH BEARING
W MAP SECT. All WEST 1 4 CORNER
R/ L1 79.87 N00'00'25"E
88530-2250 // SECTION 8
EXISTING W ' (CALCULATED) L2 50.00 S89'S9'35"E
R/W LINE z � L3 25.00 NO0'00'25"E N o
�w o L4 100.00 S89'50'23"E o H 5
in L5 25.00 S00'00'25"W
0 200' 400' ( IQ a. L6 100.00 N89'50'23"W
2.
1. mans
GRAPHIC SCALE 200' Id U LEGEND = g
SECTION LINE Q 0
— — — — — — EASEMENT LINE _ ggt;�
PROPERTY LINE This certifies that a legal description and sketch of the property shown ^ > I:
SURVEYORS NOTES PROPOSED RIGHT OF WAY hereon was mode under my supervision and that this legal description IN, ga fi
DEDICATION and sketch meets the standards of practice set forth by the Florida �1,:
Board of Professional Surveyors and Mappers In Chapter 5J-17,Florida { R
1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY - - RIGHT OF WAY LINE Administrative Code,pursuant to Section 472.027,Florida Statutes, and �A1
RETRACEMENT SURVEY. ACCESS EASEMENT that this drawing Is a true and accurate representation thereof to the E '¢ �
2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION j/ best of my knowledge and belief. Subject to notes and notations shown
8. SAID LINE BEARS NORTH 00'00'25" EAST. P.O.C. POINT OF COMMENCEMENT hereon. Y Ory
P.O.B. POINT OF BEGINNING 3
3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING R/W RIGHT OF WAY E C. e....ti
REPRODUCTION PROCESSES. ORB OFFICIAL RECORDS BOOK E.G. DEMETER, P.SM. NO, 5179 8 PI P. S
4) THIS DRAWING IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR PG PAGE pO.—�(p_
66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS TCE TEMPORARY CONSTRUCTION 8 Nat
€
DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. EASEMENT Not valid without the signature and the original raised seal of a florida 8
licensed surveyor and mapper. i g
1
Drawing norm:C\Uaaa\Dom \ta \A
enic.Durr\oppdata\localnpcPublish_880\PARCEL 308—R.dwp 308 Jan 13,2017 2.18pm by w Do ,Ic.Durr
66th AVENUE
PARCEL 308 EA
N
I-1-
0
N
LEGAL DESCRIPTION
RIGHT OF WAY PARCEL 0
O Q
THE NORTH 30.00 FEET OF THE SOUTH 80 FEET OF THE FOLLOWING DESCRIBED PARCEL AS I 0
RECORDED IN OFFICIAL RECORDS BOOK 822, PAGE 799, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA. W
O...1
THE WEST 20 ACRES OF TRACT 5, SECTION 8, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING Li-
TO THE PLAT OF INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE 0 m }-
CIRCUIT
CIRCUIT COURT OF ST. LUCIE COUTNY, FLORIDA, IN PLAT BOOK 2, PAGE 25, NOW PART OF THE Z o H
RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Q �
CONTAINING 19,555 SQUARE FEET OR 0.45 ACRES, MORE OR LESS. 0 U 0
d U
Q C
E0_ W
LEGAL DESCRIPTION U >
ACCESS EASEMENT 0 E
W
ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTION 8, 0 <
TOWNSHIP 32 SOUTH, RANGE 39 EAST OF THE TALLAHASSEE BASE MERIDIAN, INDIAN RIVER
COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; 6 k
COMMENCING FOR REFERENCE AT THE WEST QUARTER CORNER OF SAID SECTION 8, LU
THENCE, BEARING NORTH 00'00'25" EAST, A DISTANCE OF 79.87 FEET TO A POINT;
THENCE, BEARING SOUTH 89'59'35" EAST, A DISTANCE OF 50.00 FEET TO THE POINT AND PLACE
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; r` i `a
0
THENCE, BEARING NORTH 00'00'25" EAST, A DISTANCE OF 25.00 FEET TO A POINT; oVc N
o
THENCE, BEARING SOUTH 89'50'23" EAST, A DISTANCE OF 100.00 FEET TO A POINT; a o
THENCE, BEARING SOUTH 00'00'25" WEST, A DISTANCE OF 25.00 FEET TO A POINT; 1R
THENCE, BEARING NORTH 89'50'23" WEST, A DISTANCE OF 100.00 FEET TO THE POINT OF Og.i
BEGINNING.
CONTAINING 2500 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. /�
CU;ail
20
12 11 8
a , a
Drawing name:C\Ueere\Domenic.Durr\appdatoVoca!\temp\AcPublieh—BBO\PARCEL 30B—R.dwg 305(2) Jan 13,2017 218pm by:Domenic-Durr
EXHIBIT "C"
TCE-66th Avenue Roadway Widening-Project#1505
PID#32-39-08-00001-0050-00001.0
Project Parcel#308-SBA Towers III LLC
Prepared by and return to: IRC-PW-mf
1801 27th Street,Vero Beach, FL 32960-3388
TEMPORARY CONSTRUCTION EASEMENT
This TEMPORARY CONSTRUCTION EASEMENT, made and executed this day of
, 2017, by SBA Towers ill LLC whose address is 8051 Congress Avenue
Boca Raton, FL 33487-1307, hereinafter called GRANTOR to Indian River County, a political
subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida
32960-3388, hereinafter called GRANTEE,
WITNESSETH:
That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other
consideration, receipt of which is hereby acknowledged, does hereby grant unto the
GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath
the following described land, situate in Indian River County, Florida, to-wit:
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
This easement is for the purpose of all construction incidentals, such as; grading, sloping,
sodding, clearing, excavating, dredging, etc. This easement shall exist only until the
completion of the construction work for the 66th Avenue Project No. 1505.
IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year
first above written.
Signed, sealed, and delivered SBA Towers III LLC, a Florida
in the presence of: Limited Liability Company
Witness Signature 4..e.-�._. � .�_, rantor Signature0j (---
Printed Name: /►�a,�.., ;,F . B,raw�..� Printed Name: Sharon S. Schwartz`""'
VP &Associate General
Counsel, Legal Operations
Witness Signature ` l
Printed Name: Cs‘ "-1
STATE OF FLORIDA} pa. ott".0„,4
COUNTY OF }
The foregoing instrument was acknowledged before me this /Ai. day of ,
isII
2017, by„Sharso..S..$'� -k
� .nd on behalf of SBA Towers III LLC, 4a/she person y known
.121Lps or produced driver's license as identification.
Sign:
Notary ublic
Printed name & Commission #
- '^s8., JENNIFER BROWN Approved as to F. m and Legal Sufficiency:
_1...... 1, p
;., .. ,R. Commission#FF 202631 /
Expires June 22,2019
N' or ice,-4. Hooded Thr,Troy Fain Insurance 900385.7019
County Attorney
--
.
/ - �
Sketch and Legal __ _' 'p__' ' for/ND/AN.. ~ RIVER VER C~- ~~. ~ . .
Legal Description / Construction Easement)
Being a Parcel of land lying in Section 8,Township 32 8outh, Range 39 East, Indian River County Florida, said Parcel Also
being a portion of Tract 5, according to the Last General Plat of Lands of the Indian River Farms Company Subdiviuion, as
recorded in Plat Book 2, Page 25, St. Lucie County, Florida, said land now lying and being in Indian River County, Florida.
Said Parcel also being a portion of a Tract of land as described in Official Record Book 822, page 790. Public Records of
Indian River County, Florida. said parcel being more particularly described as follows:
Commence at the West One Quarter corner of said Section 8; Thence South 88"50'24" East, along the South line of the
Northwest One Quarter of said Section 8, a distance of 50.00 feet; Thence departing said South line, North 00°00'25"East,
along the Southerly prolongation of and the East right-of-way line of 66th Avenue (C.R. 505)a distance of 105.00 feet to the
Northwest corner of a proposed access easement and the Point of Beginning of the following described parcel:Thence
continue North 00^00'25^ East, along said East Right-of-Way line a distance of 15.00 feet; Thence departing said East
Right-of-Way line, South 89°50'24" East, a distance of 110.00 feet; Thence South 00°00'25"West, along a line that is 10.00 Tr
feet East of and Parallel with, as measured at right angles to,' the East Line of said Proposed Access Easement, a distance �
of 30.00 feet; Thence South 89^50'24^ East, along a line that is 10.00 feet North of and Parallel with, as measured at right
angles to, the North line of proposed Parcel 308. a distance of 543.26 feet the the West Right-of-Way line of 65th Avenue(a �
Q
private road)as shown on the Flat of Empty Pockets Subdivision, as recorded in Plat Book 12, Page 37, Public Records of
Indian River County, Florida; Thence South 00°00'25"West, along said West Right-of-Way line, adistance of1U.00ti
a.
feet;Thence North 89°50'24"West, along a line that is 80.00 feet North of, and Parallel with, as measured at right angles to,
o
the South line of the Northwest One Quarter of said Section 8, said line also being the North line of said Proposed Parcel 308,
a distance of 553.26 feet; Thence North 00^00'25° East, along the East line of said Proposed Access Eanennont, a distance of ici
25.00 feet; Thence North 89°50'24°VVeot, along the North line of said Proposed Access Easement, a Distance of 100.00 feet
to the East Right-of-way line of said 66th Avenue(C.R. 505)and the Point of Beginning.
Containing 7333 Square Feet, more or less
Surveyor's Notes �
Surveyor's -o;
1).This Sketch and Legal Description was prepared with the benefit of a Right of Way Map prepared by Kimley Horn for Indian River County,
m
Job No.1505,Dated July 25,2017.Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, FO
Recorded in Plat Book 2,Page 25,Public Records of St.Lucie(now Indian River County),Florida. 2
-(75
2).This legal description shall not be valid unless:
EXHIBIT ^^C"
(a)Provided in its entirety consisting of 2 sheets,with sheet 2 shong the
0.
sketch of the description.
ii
(b)Reproductions of the description and sketch are not valid unless signed and sealed with *
^nembossed surveyor's seal. 1!
3).The bearings shown hereon are Referenced to the South line of the NorthwesOne Quarter of Section 8,Township 32 South,Range 39 ko
East as shown on the Right-of-Way Map prepared by Kimley-Hom,Sheet 6 of 16,Dated July 25,2017.said line bears South 89'50'24'East
to
and all others are relative thereto
. Certificationo
Leqend and Abbreviations
C.R. =COUNTY ROAD (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL Fr
I.R.F.W.C.D. = INDIAN RIVER FARMS
RAISED SEAL OFAFLORIDA LICENSED SURVEYOR AND MAPPER)
0
WATER CONTROL DISTRICT �
L =LENGTH OF ARC
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
LLC =LIMITED LIABILITY COMPANY
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID 2.
O.R.B. =nFRC|��R��ono�Oon
SKETCH AND LEGAL ISTRUE AND CORRECT TOTHE BEST OFMYnmcxmLsmGEAND 5
BELIEF. ~
(P) =pu��
z
P.B. =PLAT BOOK cc
|FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE S[xw[xHRooOF La
PGE =Pw]E
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSiONAL E3ARD OF
PBS = PLAT BOOK ST.LUCIE
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIV CODE,
4 =DELTA ANGLE 1.4
PURSUANT TOSECTION o7ooz7FLORIDA STATE
SQ.FT. =SQUARE FEET STA
O'
R =RAwGE ='3D ~o/ 7 ~714' j,/,-1,-
?n»w =nmHT-or-WAv '[wTEOpn|GN^TuRE DAVID M.yIuDw �T =TOWNSHIP
PROFESSIONALGumvsYDR�wD���PE�
pwmmso/wITS swrmo,CONSISTING nF 2eps�n ��
WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION This is not a Boundary Survey FLORIDA CERTIFICAT NO.6139 il:
AGENCY: IND/AN RIVER *ouN � FL
�
�
�PUBLIC&� WORKS DEPT./ENG/NEER/NG =",��&�
~ Sketch and�~ Description
DATE: DRAWN BY: *�°�.
�� /
R. ����E7�' ��&'.
SCALE: APPROVED BY: ��
&�^�� ����~�&���0' RIVER COUNTY
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SHEET: JOB NO: 65th STREET)
Sketch and L ega/Description for INDIAN RIVER COUNTY
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JLegend and Abbreviations
C.R. =COUNTY ROAD PBS = PLAT BOOK ST.LUCIE
I.R.F.W.C.D. = INDIAN RIVER FARMS A =DELTA ANGLE
WATER CONTROL DISTRICT SQ.FT.=SQUARE FEET
N:7L =LENGTH OF ARC R =RANGE
LLC =LIMITED LIABILITY COMPANY RNV =RIGHT-OF-WAY
O.R.B. =OFFICIAL RECORD BOOK T =TOWNSHIP
(P) =PLAT
P.B. =PLAT BOOK
NOT TO SCALE PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS PGE =PAGE
WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION This is not a Boundary Survey
AGENCY: INDIAN RIVER COUNTY FL
PUBLIC WORKS DEPT./ENG/NEER/NG DIV. Sketch and Legal Description
DATE: DRAWN BY: for-
8/30/17 R. INOLETT
SCALE: N/A APPROVED BY:
D.S/LON /ND/AN RIVER COUNTY
SHEET: 2 OF 2 JOB NO: 1505 (6590 65th STREET)
3120170067532
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK 3072 PG: 1748 Page 1 of 3 11/27/2017 4:00 PM
This Instrument Prepared by and Return to: D DOCTAX PD$183.40
Jason Beal
Atlantic Coastal Land Title Company, LLC
855 21st Street, Suite C
Vero Beach,Florida 32960
Our File No.:47083500
Property Appraisers Parcel Identification(Folio)Number: 32-39-08-00001-0050-00001/0
Florida Documentary Stamps in the amount of$183.40 have been paid hereon.
Space above this line for Recording Data
WARRANTY DEED
THIS WARRANTY DEED, made the 2i•I day of November, 2017,by SBA Towers III LLC,a Florida limited
liability company, whose post office address is 8051 Congress Avenue, Boca Raton, FL 33487, 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 terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals,and the successors and assigns of corporations)
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.:
Right of way Parcel
The North 30.00 feet of the South 80 feet of the following described Parcel as recorded in Official Records
Book 822, Page 799,Public Records of Indian River County,Florida.
The West 20 acres of Tract 5, Section 8, Township 32 South, Range 39 East, according to the Plat of
Indian River Farms Company filed in the office of the clerk of the circuit court of St. Lucie County,
Florida,in Plat Book 2, Page 25,now part of the records of Indian River County,Florida.
TOGETHER with a non-exclusive access easement over all that certain land situate in INDIAN RIVER County,State
of Florida,viz.:
Access easement
All that certain piece, Parcel or Tract of land situate,lying and being in Section 8,Township 32 South,
Range 39 East of the Tallahassee Base Meridian,Indian River County, Florida. Said lands being more
particularly described as follows,to wit:
Commencing for reference at the West Quarter corner of said Section 8, thence, bearing North 00
degrees 00 minutes 25 seconds East,a distance of 79.87 feet to a point;thence,bearing South 89 degrees
59 minutes 35 seconds East, a distance of 50.00 feet to the point and place of beginning of the herein
described Parcel; thence,bearing North 00 degrees 00 minutes 25 seconds East,a distance of 25.00 feet
to a point; thence, bearing South 89 degrees 50 minutes 23 seconds East, a distance of 100.00 feet to a
point;thence,bearing South 00 degrees 00 minutes 25 seconds West,a distance of 25.00 feet to a point;
thence,bearing North 89 degrees 50 minutes 23 seconds West, a distance of 100.00 feet to the Point of
Beginning.
Subject to easements,restrictions and reservations of record and taxes for the year 2018 and thereafter.
TOGETHER,with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
File No.:47083500
crr
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 31,2017.
IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day and year first above written.
igned,sealed and delivered the presence of:
AMS �-- t-, ,,t - SBA Towers III LLC,a Florida limited
fitness#1 Signature liabilit compan
r: '-0.. 71 ��c.2 \r" i`�"`s i� 4n�✓s� (Seal)
Witness#1 Printed N e 5kAtiarl s. SehtutGL,its V.P• Q Assoc..C,a4 Cdu7ric .(
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Witness s�Sire
-roc yh Wy CA A sr ft.ll A
Witness#2 Printed Name
State of Florida ,
County of Q -9..-,,Zci `1 Sr S kArtdrl S. Sc.tiWA(Li a.
The foregoing instrument was acknowledged before me this V day of November,2017,by ./ ,the
v ASsoc.• Gt>+cnal CowmL1 of SBA Towers Ill LLC, a Florida limited liability company, who r personally 2
V --known tome or has produced N 10— as identification.
SEAL
Aorms..... Inoii
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Prihted Notary Name
My Commission Expires:
.......... TAMMY L MASTRELU
4.,_. = MY COMMISSION#GG 109900
e .,)-' .o: EXPIRES:August 21,2021 i
-.4.4,6°Y Bonded Thru Notary Public Underwriters
File No.:47083500
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WESTCORPOLICY NO.
LAND TITLE INSURANCE COMPANY
OP-25-FL1394-6372841
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 South Carolina corporation(the
"Company")insures,as of Date of Policy,against loss or damage,not exceeding the Amount of Insurance,sustained or
incurred by the Insured by reason of:
I.Title being vested other than as stated in Schedule A.
2.Any defect in or lien or encumbrance on the Title.This Covered Risk includes but is not limited to insurance against
loss from
(a)A defect in the Title caused by
(i)forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii)failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv)failure to perform those acts necessary to create a document by electronic means authorized by law;
(v)a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi)a document not properly filed,recorded,or indexed in the Public Records including failure to perform those
acts by electronic means authorized by law;or
(vii)a defective judicial or administrative proceeding.
(b)The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but
unpaid.
(c)Any encroachment,encumbrance,violation,variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land.The term"encroachment"includes encroachments
of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing
improvements located on adjoining land.
3.Unmarketable Title.
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. WESTCOR LAND TITLE INSURANCE COMPANY
Issued By: FL1394 * 47083500
Atlantic Coastal Land Title Company, LLC011111,, QtOy
Y
855 21st Street, Suite C
Vero Beach, FL 32960 LSEAL`., .- /residdde
47 a.;
'~SSW* io Attest: ArAi
Secrete y
OP-25 ALTA Owners Policy of Title Insurance 6-17-06(with FLORIDA Modifications)(WLTIC Edition 12/1/17)
Page I
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 ally 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.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage (a) created, suffered, assumed, or agreed to by the Insured
of this policy,and the Company will not pay loss or damage,costs, Claimant;
attorneys'fees,or expenses that arise by reason of: (b)not Known to the Company,not recorded in the Public Re-
1.(a)Any law,ordinance,permit,or governmental regulation cords at Date of Policy,but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured
(including those relating to building and zoning)restricting,regulat- Claimant prior to the date the Insured Claimant became an
ing,prohibiting,or relating to Insured under this policy;
(i)the occupancy,use,or enjoyment of the Land; (c)resulting in no loss or damage to the Insured Claimant;
(ii)the character,dimensions,or location of any improve (d)attaching or created subsequent to Date of Policy;or
ment erected on the Land;
(e)resulting in loss or damage that would not have been sus-
(iii)the subdivision of land;or tamed if the Insured Claimant had paid value for the Title.
(iv)environmental protection; 4.Any claim,by reason of the operation of federal bankruptcy,state
or the effect of any violation of these laws, ordinances, insolvency,or similar creditors'rights laws,that the transaction
or governmental regulations. This Exclusion 1(a) does vesting the Title as shown in Schedule A,is
not modify or limit the coverage provided under Covered (a)a fraudulent conveyance or fraudulent transfer;or
Risk 5.
(b)a preferential transfer for any reason not stated in Covered
(b)Any governmental police power.This Exclusion 1(b)does not Risk 9 of this policy.
modify or limit the coverage provided under Covered Risk 6.
5.Any lien on the Title for real estate taxes or assessments imposed
2. Rights of eminent domain. This Exclusion does not modify or by governmental authority and created or attaching between
limit the coverage provided under Covered Risk 7 or 8. Date of Policy and the date of recording of the deed or other
3.Defects,liens,encumbrances,adverse claims,or other matters 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 12/1/17)
Page 2
CONDITIONS
1.DEFINITION OF TERMS without Knowledge.With respect to Covered Risk 5(d),"Public
The following terms when used in this policy mean: Records"shall also include environmental protection liens filed
in the records of the clerk of the United States District Court
(a)"Amount of Insurance":The amount stated in Schedule A,as for the district where the Land is located.
may be increased or decreased by endorsement to this policy, (1)"Title":The estate or interest described in Schedule A.
increased by Section 8(b),or decreased by Sections 10 and 11
of these Conditions. (k)"Unmarketable Title":Title affected by an alleged or apparent
(b)"Date of Policy": The date designated as"Date of Policy" in matter that would permit a prospective purchaser or lessee of
Schedule A. the Title or lender on the Title to be released from the obligation
to purchase, lease, or lend if there is a contractual condition
(c) "Entity": A corporation, partnership, trust, limited liability requiring delivery of marketable title.
company,or other similar legal entity.
(d)"Insured":The Insured named in Schedule A.
2.CONTINUATION OF INSURANCE
(i)The term"Insured"also includes 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
(A)successors to the Title of the Insured by operation of an estate or interest in the Land,or holds an obligation secured by a
law as distinguished from purchase, including heirs, purchase money Mortgage given by a purchaser from the Insured,
devisees, survivors, personal representatives, or next or only so long as the Insured shall have liability by reason of war-
of kin; ranties in any transfer or conveyance of the Title.This policy shall
(B)successors to an Insured by dissolution, merger, con- not continue in force in favor of any purchaser from the Insured
solidation,distribution,or reorganization; of either(i)an estate or interest in the Land,or(ii)an obligation
secured by a purchase money Mortgage given to the Insured.
(C)successors to an Insured by its conversion to another
kind of Entity; 3.NOTICE OF CLAIM TO BE GIVEN BY INSURED
(D)a grantee of an Insured under a deed delivered without CLAIMANT
payment of actual valuable consideration conveying the The Insured shall notify the Company promptly in writing(i) in
Title case of any litigation as set forth in Section 5(a)of these Condi-
(1) if the stock, shares,memberships,or other equity tions,(ii)in case Knowledge shall come to an Insured hereunder of
interests of the grantee are wholly-owned by the any claim of title or interest that is adverse to the Title,as insured,
named 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
(2) if the grantee wholly owns the named Insured, rejected as Unmarketable Title. If the Company is prejudiced by
(3) if the grantee is wholly-owned by an affiliated En- the failure of the Insured Claimant to provide prompt notice,the
tity of the named Insured, provided the affiliated Company's liability to the Insured Claimant under the policy shall
Entity and the named Insured are both wholly- be reduced to the extent of the prejudice.
owned by the same person or Entity,or 4.PROOF OF LOSS
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the In the event the Company is unable to determine the amount of loss
Insured named in Schedule A for estate planning or damage,the Company may,at its option,require as a condition
purposes. of payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect,lien,encumbrance,or
(ii)With regard to(A),(B),(C),and(D)reserving,however,all other matter insured against by this policy that constitutes the basis
rights and defenses as to any successor that the Company of loss or damage and shall state,to the extent possible,the basis
would have had against any predecessor Insured. of calculating the amount of the loss or damage.
(e)"Insured Claimant":An Insured claiming loss or damage. 5.DEFENSE AND PROSECUTION OF ACTIONS
(1) "Knowledge" or "Known": Actual knowledge, not construe (a)Upon written request by the Insured,and subject to the options
tive knowledge or notice that may be imputed to an Insured by contained in Section 7 of these Conditions, the Company, at
reason of the Public Records or any other records that impart its own cost and without unreasonable delay,shall provide for
constructive notice of matters affecting the Title. the defense of an Insured in litigation in which any third party
(g)"Land":The land described in Schedule A,and affixed improve- asserts a claim covered by this policy adverse to the Insured.
ments that by law constitute real property. The term "Land" This obligation is limited to only those stated causes of action
does not include any property beyond the lines of the area alleging matters insured against by this policy.The Company
described in Schedule A,nor any right,title,interest,estate,or shall have the right to select counsel of its choice(subject to the
easement in abutting streets,roads,avenues,alleys,lanes,ways, right of the Insured to object for reasonable cause)to represent
or waterways,but this does not modify or limit the extent that the Insured as to those stated causes of action. It shall not be
a right of access to and from the Land is insured by this policy. liable for and will not pay the fees of any other counsel.The
(h)"Mortgage":Mortgage,deed of trust,trust deed,or other seen- Company will not pay any fees,costs,or expenses incurred by
rity instrument, including one evidenced by electronic means the Insured in the defense of those causes of action that allege
authorized bylaw. matters not insured against by this policy.
(i) "Public Records": Records established under state statutes at (b)The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions,at its own cost,to
Date of Policy for the purpose of imparting constructive notice institute andprosecute anyaction or proceeding or to do any
of matters relating to real property to purchasers for value and
OP-25 ALTA Owners Policy of Title Insurance 6-17-06(with FLORIDA Modifications)
WLTIC Edition 12/1/17) Page 3
CONDITIONS-CONTINUED
other act that in its opinion may be necessary or desirable to or tender payment of the Amount of Insurance under this policy
establish the Title, as insured,or to prevent or reduce loss or together with any costs,attorneys'fees,and expenses incurred
damage to the Insured.The Company may take any appropri- by the Insured Claimant that were authorized by the Company
ate action under the terms of this policy,whether or not it shall up to the time of payment or tender of payment and that the
be liable to the Insured. The exercise of these rights shall not Company is obligated to pay.
be an admission of liability or waiver of any provision of this Upon the exercise by the Company of this option,all liability
policy.If the Company exercises its rights under this subsection,
it must do so diligently. and obligations of the Company to the Insured under this policy,
other than to make the payment required in this subsection,
(c) Whenever the Company brings an action or asserts a defense shall terminate,including any liability or obligation to defend,
as required or permitted by this policy,the Company may prosecute,or continue any litigation.
pursue the litigation to a final determination by a court of
competent jurisdiction,and it expressly reserves the right, (b)To Pay or Otherwise Settle With Parties Other Than the Insured
in its sole discretion, to appeal any adverse judgment or or With the Insured Claimant.
order. (i)to pay or otherwise settle with other parties for or in the name
of an Insured Claimant any claim insured against under
6.DUTY OF INSURED CLAIMANT TO COOPERATE this policy. In addition, the Company will pay any costs,
(a) In all cases where this policy permits or requires the Company attorneys'fees,and expenses incurred by the Insured Claim-
to prosecute or provide for the defense of any action or proceed- ant that were authorized by the Company up to the time
ing and any appeals,the Insured shall secure to the Company of payment and that the Company is obligated to pay;or
the right to so prosecute or provide defense in the action or (ii)to pay or otherwise settle with the Insured Claimant the loss
proceeding, including the right to use, at its option,the name or damage provided for under this policy,together with any
of the Insured for this purpose. Whenever requested by the costs,attorneys'fees,and expenses incurred by the Insured
Company,the Insured,at the Company's expense,shall give the Claimant that were authorized by the Company up to the
Company all reasonable aid(i)in securing evidence,obtaining time of payment and that the Company is obligated to pay.
witnesses,prosecuting or defending the action or proceeding,
or effecting settlement,and(ii)in any other lawful act that in Upon the exercise by the Company of either of the options provided
the opinion of the Company may be necessary or desirable to for in subsections(b)(i)or(ii),the Company's obligations to the
establish the Title or any other matter as insured.I f the Company Insured under this policy for the claimed loss or damage,other than
is prejudiced by the failure of the Insured to furnish the required the payments required to be made,shall terminate,including any li-
cooperation, the Company's obligations to the Insured under ability or obligation to defend,prosecute,or continue any litigation.
the policy shall terminate,including any liability or obligation 8.DETERMINATION AND EXTENT OF LIABILITY
to defend,prosecute,or continue any litigation,with regard to
the matter or matters requiring such cooperation. This policy is a contract of indemnity against actual monetary loss
or damage sustained or incurred by the Insured Claimant who has
(b)The Company may reasonably require the Insured Claimant to suffered loss or damage by reason of matters insured against by
submit to examination under oath by any authorized representa- this policy.
tive of the Company and to produce for examination,inspection,
and copying, at such reasonable times and places as may be (a)The extent of liability of the Company for loss or damage under
designated by the authorized representative of the Company, this policy shall not exceed the lesser of
all records,in whatever medium maintained,including books, (i)the Amount of Insurance;or
ledgers,checks,memoranda,correspondence,reports,e-mails, (ii) the difference between the value of the Title as insured and
disks,tapes,and videos whether bearing a date before or after the value of the Title subject to the risk insured against by
Date of Policy,that reasonably pertain to the loss or damage. this policy.
Further, if requested by any authorized representative of the
Company, the Insured Claimant shall grant its permission, in (b)If the Company pursues its rights under Section 5 of these Con-
writing, for any authorized representative of the Company to ditions and is unsuccessful in establishing the Title,as insured,
examine,inspect,and copy all of these records in the custody or (i)the Amount of Insurance shall be increased by 10%,and
control of a third party that reasonably pertain to the loss or dam-
(ii)the Insured Claimant shall have the right to have the loss
age.All information designated as confidential by the Insured or damage determined either as of the date the claim was
Claimant provided to the Company pursuant to this Section shall made by the Insured Claimant or as of the date it is settled
not be disclosed to others unless,in the reasonable judgment of and paid.
the Company,it is necessary in the administration of the claim.
Failure of the Insured Claimant to submit for examination under (c)In addition to the extent of liability under(a)and(b),the Com-
oath,produce any reasonably requested information,or grant pany will also pay those costs,attorneys'fees,and expenses in-
permission to secure reasonably necessary information from curred in accordance with Sections 5 and 7 of these Conditions.
third parties as required in this subsection, unless prohibited 9.LIMITATION OF LIABILITY
by law or governmental regulation,shall terminate any liability
of the Company under this policy as to that claim. (a) If the Company establishes the Title, or removes the alleged
defect,lien,or encumbrance,or cures the lack of a right of ac-
7.OPTIONS TO PAY OR OTHERWISE SETTLE cess to or from the Land,or cures the claim of Unmarketable
CLAIMS;TERMINATION OF LIABILITY Title, all as insured, in a reasonably diligent manner by any
In case of a claim under this policy,the Company shall have the method,including litigation and the completion of any appeals,
following additional options: it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to
(a)To Pay or Tender Payment of the Amount of Insurance.To pay the Insured.
OP-25 ALTA Owners Policy of Title Insurance 6-17-06(with FLORIDA Modifications)(WLTIC Edition 12/i/17)
Page 4
(b)In the event of any litigation,including litigation by the Com- Arbitration pursuant to this policy and under the Rules in effect
pany or with the Company's consent,the Company shall have on the date the demand for arbitration is made or,at the option of
no liability for loss or damage until there has been a final deter- the Insured,the Rules in effect at Date of Policy shall be binding
mination by a court of competent jurisdiction,and disposition upon the parties. The award may include attorneys' fees only if
of all appeals,adverse to the Title,as insured. the laws of the state in which the Land is located permit a court
(c)The Company shall not be liable for loss or damage to the to award attorneys'fees to a prevailing party. Judgment upon the
Insured for liability voluntarily assumed by the Insured in set- award rendered by the Arbitrator(s) may be entered in any court
fling any claim or suit without the prior written consent of the having jurisdiction thereof.
Company. The law of the situs of the land shall apply to an arbitration under
the Title Insurance Arbitration Rules.
10.REDUCTION OF INSURANCE;REDUCTION OR
TERMINATION OF LIABILITY A copy of the Rules may be obtained from the Company upon
request.
All payments under this policy,except payments made for costs,
attorneys'fees,and expenses,shall reduce the Amount of Insurance 15.LIABILITY LIMITED TO THIS POLICY;POLICY
by the amount of the payment. ENTIRE CONTRACT
11.LIABILITY NONCUMULATIVE (a)This policy together with all endorsements,if any,attached to
it by the Company is the entire policy and contract between the
The Amount of Insurance shall be reduced by any amount the Corn- Insured and the Company.In interpreting any provision of this
pany pays under any policy insuring a Mortgage to which exception policy,this policy shall be construed as a whole.
is taken in Schedule B or to which the Insured has agreed,assumed, (b)Any claim of loss or damage that arises out of the status of the
or taken subject,or which is executed by an Insured after Date of Title or by any action asserting such claim whether or not based
Policy and which is a charge or lien on the Title,and the amount on negligence shall be restricted to this policy.
so paid shall be deemed a payment to the Insured under this policy.
(c)Any amendment of or endorsement to this policy must be in
12.PAYMENT OF LOSS writing and authenticated by an authorized person,or expressly
When liability and the extent of loss or damage have been definitely incorporated by Schedule A of this policy.
fixed in accordance with these Conditions, the payment shall be (d)Each endorsement to this policy issued at any time is made a
made within 30 days. part of this policy and is subject to all of its terms and provi-
13.RIGHTS OF RECOVERY UPON PAYMENT OR cions.Except as the endorsement expressly states,it does not
SETTLEMENT (i) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement,(iii)extend the Date of Policy,
(a)Whenever the Company shall have settled and paid a claim or(iv)increase the Amount of Insurance.
under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other rights 16.SEVERABILITY
and remedies in respect to the claim that the Insured Claimant In the event any provision of this policy,in whole or in part,is held
has against any person or property,to the extent of the amount invalid or unenforceable under applicable law,the policy shall be
of any loss, costs, attorneys' fees, and expenses paid by the deemed not to include that provision or such part held to be invalid,
Company.If requested by the Company,the Insured Claimant but all other provisions shall remain in full force and effect.
shall execute documents to evidence the transfer to the Com-
pany of these rights and remedies.The Insured Claimant shall 17.CHOICE OF LAW;FORUM
permit the Company to sue,compromise,or settle in the name (a)Choice of Law: The Insured acknowledges the Company has
of the Insured Claimant and to use the name of the Insured underwritten the risks covered by this policy and determined
Claimant in any transaction or litigation involving these rights the premium charged therefor in reliance upon the law affecting
and remedies. interests in real property and applicable to the interpretation,
If a payment on account of a claim does not fully cover the loss rights,remedies,or enforcement of policies of title insurance
of the Insured Claimant,the Company shall defer the exercise of the jurisdiction where the Land is located.
of its right to recover until after the Insured Claimant shall Therefore,the court or an arbitrator shall apply the law of the
have recovered its loss. jurisdiction where the Land is located to determine the validity
(b)The Company's right of subrogation includes the rights of the of claims against the Title that are adverse to the Insured and
Insured to indemnities,guaranties,other policies of insurance, to interpret and enforce the terms of this policy.In neither case
or bonds,notwithstanding any terms or conditions contained shall the court or arbitrator apply its conflicts of law principles
in those instruments that address subrogation rights. to determine the applicable law.
14.ARBITRATION (b)Choice of Forum:Any litigation or other proceeding brought
by the Insured against the Company must be filed only in a
Unless prohibited by applicable law, arbitration pursuant to the state or federal court within the United States of America or its
Title Insurance Arbitration Rules of the American Arbitration As- territories having appropriate jurisdiction.
sociation may be demanded if agreed to by both the Company and
the Insured at the time of a controversy or claim.Arbitrable mat- 18.NOTICES,WHERE SENT
ters may include,but are not limited to,any controversy or claim Any notice of claim and any other notice or statement in writing
between the Company and the Insured arising out of or relating required to be given to the Company under this policy must be
to this policy,and service of the Company in connection with its given to the Company at: 875 Concourse Parkway South, Suite
issuance or the breach of a policy provision or other obligation. 200,Maitland,FL 32751.
OP-25 ALTA Owners Policy of Title insurance 6-17-06(with FLORIDA Modifications)(WLTIC Edition 12/1/17) Page 5
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ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS)
SCHEDULE A
File Number: Policy Number: Date of Policy: Premium: Amount of Insurance:
47083500 OP-25-FL1394- 11/27/2017 @ 4:00 PM $150.65 $26,200.00
6372841
Property Type:
State: Florida, County: INDIAN RIVER
Address Reference: 6590 65th Street, Vero Beach, FL 32967
1. Name of Insured:
Indian River County, A Political Subdivision of The State of Florida
2. The estate or interest in the Land that is insured by this policy is: FEE SIMPLE
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:
Right of way Parcel
The North 30.00 feet of the South 80 feet of the following described Parcel as recorded in
Official Records Book 822, Page 799, Public Records of Indian River County, Florida.
The West 20 acres of Tract 5, Section 8, Township 32 South, Range 39 East, according to the
Plat of Indian River Farms Company filed in the office of the clerk of the circuit court of St.
Lucie County, Florida, in Plat Book 2, Page 25, now part of the records of Indian River
County, Florida.
Access easement
All that certain piece, Parcel or Tract of land situate, lying and being in Section 8, Township
32 South, Range 39 East of the Tallahassee Base Meridian, Indian River County, Florida. Said
lands being more particularly described as follows, to wit:
Commencing for reference at the West Quarter corner of said Section 8, thence, bearing
North 00 degrees 00 minutes 25 seconds East, a distance of 79.87 feet to a point; thence,
bearing South 89 degrees 59 minutes 35 seconds East, a distance of 50.00 feet to the point
and place of beginning of the herein described Parcel; thence, bearing North 00 degrees 00
minutes 25 seconds East, a distance of 25.00 feet to a point; thence, bearing South 89
degrees 50 minutes 23 seconds East, a distance of 100.00 feet to a point; thence, bearing
South 00 degrees 00 minutes 25 seconds West, a distance of 25.00 feet to a point; thence,
bearing North 89 degrees 50 minutes 23 seconds West, a distance of 100.00 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.:47083500 "`-'
ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS)
Policy No.OP-25-FL1394-6372841
File No.:47083500
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Except as provided in Schedule B - Part II, 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 2018 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.
7. Restrictions, reservations, setbacks and easements, if any, as indicated and/or shown on that certain Plat
recorded in Plat Book 2, at Page 25, of the Public Records of Saint Lucie County, Florida. Subject to Road
right-of-way as described in Deed recorded in Official Records Book 32, Page 33, of the Public Records of
Indian River County, Florida.
8. Easement recorded in Official Records Book 605, Page 909, of the Public Records of Indian River County,
Florida.
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) (VV
LTIC Edition 1/26/11)
Our File No.:47083500 LTF-'