HomeMy WebLinkAbout2018-1434r
AW
3120180058375
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3150 PG: 1758 Page 1 of 2 9252018 9:21 AM
D DOCTAX PD $1,225.00
This Instrument Prepared by and Return to:
Jason Beal
Atlantic Coastal Land Title Company, LLC
855 21st Street, Suite C
Vero Beach, Florida 32960
Our File No.: 48084135
Property Appraisers Parcel Identification (Folio) Number: 32393200007000000022.0
Florida Documentary Stamps in the amount of $1,225.00 have been paid hereon.
Space above this line for Recording Data
WA NTY DEED
THIS WARRANTY DEED, made the day of September, 2018, by Fay Knight Coffman a/k/a Dolores F.
Coffman, joined by her husband Rodger D. Coffman, whose post office address is 5836 26th St., Vero Beach, FL
32966, 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)
W I T N E S S E T H: 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.:
Lot 22, LESS AND EXCEPT the South 5 feet thereof, of PINE-METTO PARK, according to the Plat
thereof, recorded in Plat Book 3, page 87, of the Public Records of Indian River County, Florida.
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.
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.
File No.: 48084135
r.rF
ti.
IN WITNESS V� IIEREOF, the said Grantor has signed and sealed these presents the day and year first above written.
(Seal)
Fay K ig t Coffm n a/k/a qMores F. Coffman
As� 10 (Seal)
Rodger D. Coffman
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this v u day of September, 2018, by Fay Knight Coffman
a/k/a Dolores F. Coffman, joined by her husband Rodger D. Coffman, who is personally known to me or has produced
as identification.
SEAL
My Commission Expires:
,�1pRV P'�i
JASON A.
BEAL
Notary P - Sate
y ublic of Florida
�. Commisa"On # C; 017550
Com
m.
Expires Oct 11
6ondedthrough �aGonal , 2020
gn _hotarygssn.
File No.: 48084135
Printed Notary Name
, TF
OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
* Policy Number OXFL-08740865 File Number: 48084135
* * * Issued by Old Republic National Title Insurance Company
* * Any notice of claim and any other notice or statement in writing required to be given to the
* * Company under this Policy must be given to the Company at the address shown in Section 18
* ** of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company') insures, as of
Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land
onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
In Witness Whereof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy
shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company.
Policy Issuer:
Countersigned: ATLANTIC COASTAL LAND TITLE COMPANY, LLC
855 21ST STREET, STE C OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
CENTERSTATE BANK BLDG, 2ND FLR A Stock Company
VERO BEACH, FL 32960
PHONE: (772) 569-4364 400 Second Avenue South, Minneapolis, Minnesota 55401
16121371-1111
Authorized Officer or Licensed Agent
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
By President
Attest Secretary
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of
this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
(a) Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws,
ordinances, or governmental regulations. This
Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does
not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered
Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed
by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in
Schedule A.
Page 2
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may
be increased or decreased by endorsement to this policy, increased
by Section 8(b), or decreased by Sections 10 and 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, consolidation,
distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of
Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly-owned by the
named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly-owned
by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known': Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by reason of
the Public Records or any other records that impart constructive
notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed improvements
that by law constitute real property. The term "Land" does not
include any property beyond the lines of the area described in
Schedule A, nor any right, title, interest, estate, or easement in
abutting streets, roads, avenues, alleys, lanes, ways, or waterways,
but this does not modify or limit the extent that a right of access to
and from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means authorized
by law.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without
Knowledge. With respect to Covered Risk 5(d), "Public Records"
shall also include environmental protection liens filed in the records
of the clerk of the United States District Court for the district where
the Land is located.
(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
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
purchase, lease, or lend if there is a contractual condition requiring
the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation secured by
a purchase money Mortgage given by a purchaser from the Insured,
or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title. This policy
shall not continue in force in favor of any purchaser from the
Insured of either (i) an estate or interest in the Land, or (ii) an
obligation secured by a purchase money Mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case
of any litigation as set forth in Section 5(a) of these Conditions, (ii)
in case Knowledge shall come to an Insured hereunder of any claim
of title or interest that is adverse to the Title, as insured, and that
might cause loss or damage for which the Company may be liable
by virtue of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of
the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under the policy shall be reduced
to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of
loss or damage, the Company may, at its option, require as a condition
of payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that constitutes the
basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party asserts
a claim covered by this policy adverse to the Insured. This obligation
is limited to only those stated causes of action alleging matters
insured against by this policy. The Company shall have the right to
select counsel of its choice (subject to the right of the Insured to
object for reasonable cause) to represent the Insured as to those
stated causes of action. It shall not be liable for and will not pay
the fees of any other counsel. The Company will not pay any fees,
costs, or expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be
liable to the Insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy.
If the Company exercises its rights under this subsection, it must
do so diligently.
(c) Whenever the Company brings an action or asserts a defense
as required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole
discretion, to appeal any adverse judgment or order.
Page 3
CONDITIONS (con't)
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the right
to so prosecute or provide defense in the action or proceeding,
including the right to use, at its option, the name of the Insured for
this purpose. Whenever requested by the Company, the Insured,
at the Company's expense, shall give the Company all reasonable
aid (i) in securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and
(ii) in any other lawful act that in the opinion of the Company may
be necessary or desirable to establish the Title or any other matter
as insured. If the Company is prejudiced by the failure of the
Insured to furnish the required cooperation, the Company's obligations
to the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representative
of the Company and to produce for examination, inspection, and
copying, at such reasonable times and places as may be designated
by the authorized representative of the Company, all records, in
whatever medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks, tapes, and
videos whether bearing a date before or after Date of Policy, that
reasonably pertain to the loss or damage. Further, if requested by
any authorized representative of the Company, the Insured Claimant
shall grant its permission, in writing, for any authorized representative
of the Company to examine, inspect, and copy all of these records
in the custody or control of a third party that reasonably pertain to
the loss or damage. All information designated as confidential by
the Insured Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration of
the claim. Failure of the Insured Claimant to submit for examination
under oath, produce any reasonably requested information, or
grant permission to secure reasonably necessary information from
third parties as required in this subsection, unless prohibited by
law or governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall terminate
including any liability or obligation to defend, prosecute, or contin-
ue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against under this
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
policy. In addition, the Company will pay any costs, attorneys' fees,
and expenses incurred by the Insured Claimant that were authorized
by the Company up to the time of payment and that the Company is
obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or
damage provided for under this policy, together with any costs,
attorneys' fees, and expenses incurred by the Insured Claimant that
were authorized by the Company up to the time of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (b)(i) or (ii), the Company's obligations to the
Insured under this policy for the claimed loss or damage, other than
the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has suffered
loss or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the
value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was made by
the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company
will also pay those costs, attorneys' fees, and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of access
to or from the Land, or cures the claim of Unmarketable Title, all as
insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and shall not
be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability
for loss or damage until there has been a final determination by a
court of competent jurisdiction, and disposition of all appeals,
adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in settling
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.
Page 4
CONDITIONS (con't)
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company
pays under any policy insuring a Mortgage to which exception is taken
in Schedule B or to which the Insured has agreed, assumed, or taken
subject, or which is executed by an Insured after Date of Policy and
which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be made
within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the rights of
the Insured Claimant in the Title and all other rights and remedies
in respect to the claim that the Insured Claimant has against any
person or property, to the extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by the Company. If requested
by the Company, the Insured Claimant shall execute documents to
evidence the transfer to the Company of these rights and remedies.
The Insured Claimant shall permit the Company to sue, compromise,
or settle in the name of the Insured Claimant and to use the name
of the Insured Claimant in any transaction or litigation involving
these rights and remedies.
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 tothe Title
Insurance Arbitration Rules of the American Arbitration Association
may be demanded if agreed to by both the Company and the Insured at
the time of a controversy or claim. Arbitrable matters may include, but
are not limited to, any controversy or claim between the Company and
the Insured arising out of or relating to this policy, and service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. Arbitration pursuant to this policy and
under the Rules in effect on the date the demand for arbitration is
made or, at the option of the Insured, the Rules in effect at Date of
Policy shall be binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the Land is
located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim whether or not based on
negligence shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it does not (i) modify
any of the terms and provisions of the policy, (ii) modify any prior
endorsement, (iii) extend the Date of Policy, or (iv) increase the
Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid, but
all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting interests
in real property and applicable to the interpretation, rights, remedies,
or enforcement of policies of title insurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case shall
the court or arbitrator apply its conflicts of law principles to deter-
mine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be given to
the Company at 400 Second Avenue South, Minneapolis,
Minnesota 55401-2499, Phone: 612-371-1111.
Page 5
Schedule A
OWNER'S POLICY
Issued by Old Republic National Title Insurance Company
* * * 400 Second Avenue South
* * Minneapolis, MN 55401-2499
* * (612) 371-1111
File No.: 48084135 Policy No.: OXFL-08740865
Address Reference: 5836 26th St., Vero Beach, FL 32966
Amount of Insurance: $175,000.00 Premium: $950.00
Date of Policy: 9/25/2018 @ 9:21 AM
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 a 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:
Lot 22, LESS AND EXCEPT the South 5 feet thereof, of PINE-METTO PARK, according to the Plat
thereof, recorded in Plat Book 3, page 87, of the Public Records of Indian River County, Florida.
Atlantic Coastal Land Title Company, LLC
Authorized Signatory
ORT Form 4309 FL A
Schedule A for ALTA Owners Policy of Title Insurance 6-17-06
Agent File No.: 48084135
Old Republic National Title Insurance
Company
400 Second Avenue South, Minneapolis, Minnesota, 55401 (612) 371-1111
11--�--��
b,� �-JA
x
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
File No.: 48084135
OWNER'S POLICY
Schedule B
Policy No.: OXFL-08740865
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. 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 on the Land of existing improvements located on adjoining land
2. Rights or claims of parties in possession.
3. Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof
appears of record.
4. Easements, or claims of easements, not recorded in the Public Records.
5. General or special taxes for the year 2018 and subsequent years.
6. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
Insured acquires for value of record the estate or interest or mortgage thereon covered by this
Commitment.
7. Any lien provided by County Ordinance or by Ch. 159, F.S., in favor of any city, town, village or port
authority, for unpaid service charges for services by any water systems, sewer systems or gas
systems serving the land described herein; and any lien for waste fees in favor of any county or
municipality.
8. State road right reservations(s), if any.
9. Oil, gas and mineral right reservations, if any.
10. Restrictions, reservations, easements, dedications and all matters contained on the Plat recorded in
Plat Book 3, page 87, Public Records of Indian River County, Florida.
11. Declaration of Covenant regarding removal of structure recorded in OR Book 941, page 1289, Public
Records of Indian River County, Florida.
ORT Form 4309 for ALTA Owners Policy of Title Insurance 6-17-06
Agent File No.: 48084135
Schedule A
OWNER'S POLICY
Issued by Old Republic National Title Insurance Company
* * 400 Second Avenue South
* * Minneapolis, MN 55401-2499
* * (612) 371-1111
*
File No.: 48084135 Policy No.: OXFL-08740865
Address Reference: 5836 26th St., Vero Beach, FL 32966
Amount of Insurance: $175,000.00 Premium: $950.00
Date of Policy: 9/25/2018 @ 9:21 AM
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 a 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:
Lot 22, LESS AND EXCEPT the South 5 feet thereof, of PINE-METTO PARK, according to the Plat
thereof, recorded in Plat Book 3, page 87, of the Public Records of Indian River County, Florida.
Atlantic Coastal Land Title Company, LLC
Authorized Signatory
ORT Form 4309 FL A
Schedule A for ALTA Owners Policy of Title Insurance 6-17-06
Agent File No.: 48084135
Old Republic National Title Insurance
Company
400 Second Avenue South, Minneapolis, Minnesota, 55401 (612) 371-1111
-wA
N
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
File No.: 48084135
OWNER'S POLICY
Schedule B
Policy No.: OXFL-08740865
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. 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 on the Land of existing improvements located on adjoining land
2. Rights or claims of parties in possession.
3. Construction, Mechanic's, Contractors' or Matedalmen's lien claims, if any, where no notice thereof
appears of record.
4. Easements, or claims of easements, not recorded in the Public Records.
5. General or special taxes for the year 2018 and subsequent years.
6. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
Insured acquires for value of record the estate or interest or mortgage thereon covered by this
Commitment.
7. Any lien provided by County Ordinance or by Ch. 159, F.S., in favor of any city, town, village or port
authority, for unpaid service charges for services by any water systems, sewer systems or gas
systems serving the land described herein; and any lien for waste fees in favor of any county or
municipality.
8. State road right reservations(s), if any.
9. Oil, gas and mineral right reservations, if any.
10. Restrictions, reservations, easements, dedications and all matters contained on the Plat recorded in
Plat Book 3, page 87, Public Records of Indian River County, Florida.
11. Declaration of Covenant regarding removal of structure recorded in OR Book 941, page 1289, Public
Records of Indian River County, Florida.
ORT Form 4309 for ALTA Owners Policy of Title Insurance 6-17-06
Agent File No.: 48084135
d„�
A. Settlement Statement
B. Tvoe of Loan
U.S. Department of Housing
and Urban Development
A
OMB Approval No. 2502-0265 , r
1. ❑FHA 2. ❑RHS 3. ❑ Conv. Unins.
6. File Number
7. Loan Number
8. Mortgage Insurance Case Number
48084135
4. ❑ VA 5. ❑ Conv. Ins.
_
C. Note: This form is furnished to giw you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items
marked "(p.o.c.)" were paid outside the closing; they are
shown here for information purposes and are not included in the totals.
0. Name and Address of Borrower
E. Name and Address of Seller F. Name and Address of Lender
Indian River County, a political subdivision of The State of
Fay Knight Coffman a/k/a Delores F. Coffman
i
Florida
5836 26th St.
1801 27th Street
Vero Beach, Florida 32966
Vero Beach, Florida 32960
i
G. Property Location
H. Settlement Agent
Atlantic Coastal Land Title Company, LLC
5836 26th St.
855 21 at St. Suite C, Vero Beach, FL 32960
Vero Beach, Florida 32966
•
Place of Settlement
1 Setilenwt Data
855 21st Street
08118/18
Suite C
INDIAN RIVER
Vero Beach, Florida 32960
r
J. SUMMARY OF BORROWER'S TRANSACTION: _
_ _ K. SUMMARY OF SELLER'S TRANSACTION:
100. GROSS AMOUNT DUE FROM BORROWER
400. GROSS AMOUNT DUE TO SELLER
101. Contract sales price
_
175,000.00 401. Contract sales pAce
175 000.00
i 102. Personal property
402. Personal property
103. Settlement charges to borrower (line 1400)
_
2,645.50 403.
104.
404.
105.
405.
Ad usbwen s for items paid by sailer In advance
Ad ustments for Items paid by seller In advance
- ---
106. Ci Mown taxes to
406. Ci /town taxes to
_ _
107. County taxes to
407. County taxes _ to
• 108. Assessments to
408. Assessments to
- -_.._
109.
409.
110.
410_
111. 2018 Real Estate Taxes
696.28 411.
112.
412.
I
120. GROSS AMOUNT DUE FROM BORROWER
178,341.78 420. GROSS AMOUNT DUE TO SELLER
175,ODO.00
200. AMOUNTS PND BY OR IN BEHALF OF BORROWER
500. REDUCTIONS IN AMOUNT TO SELLER
201. Deposit or earnest money
501. Excess Deposit (see instructions)
202. PAnctpal amount of new loan(s)
502. Settlement charges to seller (line 1400)
0.00
203. Existing loan_ (s) taken subject to
503. Existing bans taken subject to
204.
504. Payoff of first mortgage loan
205.
505. Payoff of second mortgage loan
206.
1. 506.
207.
507.
208.
508.
----
209.
Ad ustmerds for items unpalld §y sellar
Adjustments for items unpaid by seller
210. City/town taxes to
510. CityAown taxes to
( 211. County taxes 01/01/2018 to 09/18/2018 696.28 511. County taxes 01/01/2016 to 09/18/2018
698.28
212. Assessments to
512. Assessments to
213.
513.
214.
514.
215.
515.
216.
_
516.
217.
517.
218.
518. _
219.
519.
220. TOTAL PND BY I FOR BORROWER
696.28 520. TOTAL REDUCTION AMOUNT DUE SELLER
696.28
3DO. CASH AT SETTLEMENT FROM OR TO BORROWER
600. CASH AT SETTLEMENT TO OR FROM SELLER
301. Gross amount due from borrower line 120
_ _
178,341.78 601. Gross amount due to seller line 420
175,000.00'
302. Less amounts paid by/for borrower line 220
696.28 602. Less reducton amount due to seller line 520
696.28
1303. CASH FROM _ _ BORROWER _ 177,645.50 603. CASH_ _ _ _ TO SELLER - _
_ 174,303.72
09-11-2018 at 4:24 PM form HUD -1 (3166) ref Handbook 4305.2
SETTLEMENT STATEMEA. PAGE
u.a.uerw ire wrnuwrn
L SETTLEMENT CHARGES: Flle Number. 48084135
_FROM
PAID FROM
BORROWER'S
FUNDS AT
SETTLEMENT
PAID FROM l
SELLER'S
FUNDS AT
SETTLEMENT
700. TOTAL SALES/BROKEWS COMMISSION based on price $
Division of commission (line 700) as follows' _ __
^701. $ to -
702. $ to
703.
Commission paid at Settlement
-
704.
800.
ITEMS PAYABLE IN CONNECTION VOTH LOAN
P.O.C.
801.
Loan 0 ' ination Fee % -
802.
Loan Discount %
803.
Appraisal fee to
804.
Credit report to '
805.
Landersinspecdonfee to ----
806.
Mg. ins. application fee to
807.
Assumption lee to
808.
-
809.
810.
811.
812.-
813.
-
814.
_
-
815.
900.
ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901.
Interest from to @$ _
/day
902.
Mongage Insurance premium to -
903
Hazard insurance premium Yrs. to
x904.
-
905.
1000.
RESERVES DEPOSITED WITH LENDER FOR
1001.
Homeowners insurance mo. $
I mo.
1002.
Mortgage insurance mo. Q$
/ mm
1003.
City prppn taxes mo. gas
I mo.
1004.
County taxes 0 mo. 90 _ _ _
I mo.
1005.
Annual Assessments - _ mo 0$
I mo.
11006.
mo.
mo. --
1007.
mo.
mo.
1008.
Aggregate Reserve for Hazard/Fktod Ins. City/County F`Tp Taxes, Mortgage Ins 8 Annual Assessments
1100.
TITLE CHARGES
I
1101.
Settlement or dosing fee to Atlantic Coastal Land Title Company LLC
300.00
1102.
Abstract or title search to Old Republic National Title Insurance Co
85.00
1103.
1104.
Title examination to
Title insurance binder to
-�
i
1105.
Document preparation to
1106.
Notary fees to
1107.
AttorneYs fees to
incudes above item No:
'
1108
Title insurance to Old Republic National Title Insurance Comp _
950.00
'
1109.
' 1110.
includes above item No:
Lenders coverage
Owners coverage 175.000.00 -- 950.00
1111.
1112.
Wins Fee CenlerState Bank
Ditioal Archive/LandTech Forensis/LandTech
32.00
35.00
1113.
1200.
GOVERNMENT RECORDING AND TRANSFER CHARGES
1201.
Recording fees Deed $ 18.50 ; Mortgage $
' Releases $
18.50
1202.
City/countylstamps Deed $ ; Mortgage $
1203.
1204.
State tax/stamps Deed $ 1,225.110 ' Morta e $ __-
Intangible Tax Deed $ ; Mortoaae E
1,225.00
1205.
1300.
ADDITIONAL SETTLEMENT CHARGES
1301.
Survey to
1302.
x1303.
Pest inspection ._. to
1304.._--------
1305.
1306.
1307.
1308.
i t/nn
TnTAI SFTTI FNENT CHARGES (enter on lines 103 and 502. Sections J and K)
_ _- 2,645.50
0.00
- 09-11-2018 at 4:24 PM form HUD -1 (3/86) ref Handbook 4305.2
HUD -1 SETTLEMENT STATEMENT
File Number: 48084135
I have carefully reviewed the 14UD-1 Settlement Statement and to the best of my knowledge and belief, it
is a true and accurate statement of all receipts and disbursements made on my account or by me in this
transaction. I fiu-ther certify that I have received a copy of the HUD -1 Settlement Statement.
Buyer
7pe,ELUXI.g�)-j
William K. DeB al, Deputy County Attorney
In the event a proration of taxes is necessary when the tax bills for the current year are prepared, the
parties agree to handle said re -proration between themselves.
Fay K ht Coffma
Seller
Settlement Agent
The HUD -1 Settlement Statement which I have prepared is a true and accurate account of this transaction.
I have caused or will cause the funds to be disbursed in accordance with this statement.
Atlantic Coastal Land Title Company, LLC
By: Date: September 18th, 2018
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
FROM: Monique Filipiak, Land Acquisition Specialist
SUBJECT: 26th Street —Advance Acquisition of Right -of -Way
583626 th Street, Vero Beach, FL 32966
Owner: Faye Knight Coffman
DATE:
July 23, 2018
DESCRIPTION AND CONDITIONS
Faye Knight Coffman owns a 0.53 acre parcel of property located at 5836 26th Street, Vero Beach, FL
32966. Staff was recently approached by Ms. Coffman who wants to sell the property. The subject
property was built in 1954 and is zoned RS -3 Single -Family Residential District, up to three units/acres.
As part of the Indian River County Comprehensive Plan's five-year Capital Improvement Element, the
widening of 26th Street to four lanes between 58th and 66th Avenues, is included and allocates funds for
the purchase of right-of-way. This parcel is located on the northeast corner of 58th Court and 26th Street
and due to right of way needs for the project, acquisition of the parcel is warranted.
The County obtained an appraisal of the property indicating a value of $165,000.00. The County offered
$165,000.00 to purchase the property. After a few weeks of negotiations all parties agreed on
$175,000.00 purchase price.
FUNDING
Funding for this expenditure is available from Acct #10215241-066120-16006 Traffic Impact
Fees/ROW/26th Street/58th Ave to 66th Ave.
RECOMMENDATION
Staff recommends the Board approve the Purchase Agreement for the 0.53 acres of property located at
583626 th Street, Vero Beach, FL 32966, and authorize the Chairman to execute the purchase agreement
on behalf of the Board.
ATTACHMENTS
Purchase Agreement
APPROVED AGENDA ITEM FOR: August 14, 2018
F:\Engineering\STAFF_FILES\Monique Filipiak\PROJECT 26th Street Project - 58th Ave- 43rd Ave\5836 26th Street - Faye Coffman\BOCC
Meeting File\Staff Report.doc
A I Mur- Uur i
CERTIFICATION ON LAST PAGE
�.R. SMITH, CLERK
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
FAYE KNIGHT COFFMAN
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the 14 day of August , 2018, by and between Indian
River County, a political subdivision of the State of Florida ("the County"), and Faye Knight
Coffman ("the Seller) who agree as follows:
WHEREAS, Seller owns property located at 5836 26th Street, Vero Beach, Florida
32960. A legal description of the property is attached to this agreement as Exhibit "A" and
incorporated by reference herein; and
WHEREAS, the County is purchasing right-of-way for future expansion of 26th
Street; and
WHEREAS in order to proceed with road expansion plans, the County needs to
purchase property to be used as right-of-way from landowners adjacent to 26th Street; and
WHEREAS, the County was contacted by the Seller to purchase the parcel of
approximately 0.53 acres of property as depicted on Exhibit "A", and
WHEREAS, the County is currently purchasing property/right-of-way from willing
sellers: and
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 5836 26th Street, Vero
Beach, Florida and more specifically described in the legal description attached as Exhibit
"A", fee simple, containing approximately 0.53 acres, 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 $175,000.00 (One Hundred and Seventy -Five Thousand 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.
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
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
CERTIFICATION ON LAST PAGE
J.R. SMITH. CLERK
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) 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.
(c) 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.
(d) 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. Personal Property.
7.1 The Seller shall have removed all of its personal property, equipment and trash from
the Property. The Seller shall deliver possession of the Property to County vacant and in
the same or better condition that existed at the Effective Date hereof.
7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to
County, if applicable.
8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing
documents.
8.1 County shall pay the following expenses at Closing:
8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement.
8.1.2 Documentary Stamps required to be affixed to the warranty deed.
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
8.1.3 All costs and premiums for the owner's marketability title insurance commitment and
policy, if any.
8.2 Seller shall pay the following expenses at or prior to Closing:
8.2.1 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.
9. Miscellaneous.
9.1 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.
9.2 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or
oral, between the Seller and the County relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party. The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns.
9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by
certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile
transmission, as follows:
If to Seller: Faye Knight Coffman
5836 26th Street
Vero Beach, FL 32966
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.
9.5 Survival and Benefit. Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith, shall
survive the Closing Date and the consummation of the transaction provided for herein.
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
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.
9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees, costs, and expenses.
9.7 Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall constitute an original.
9.8 County Approval Required: This Agreement is subject to approval by the Indian
River County Board of County Commissioners as set forth in paragraph 2.
9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership,
corporation, trust, or any form of representative capacity whatsoever for others, Seller shall
provide a fully completed, executed, and sworn beneficial interest 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.
S 10�1fgs•.
IN WITNESS WjiEREOF,'thurtdgrsigned
date first set forth abo irk:
INDIAN RIVER COUNTY, FLORIDA`'='`
BOARD OF COUNTY COMMISSIONERS
Peter D. O'Bryan, ChairrrdAn
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH. CLERK
have executed this Agreement as of the
Faye Knight Cofff an Date
.� S�pPlER S.
^\SA ved- Jby BCC August 14, 2018 •.•ti�Mis•slp;�F.
v'• :rfi= : : v • _
.ATTE�ti�
••J.r.'K1.-'Smith Jerk of Court and
Comptroller •'���%q'
• NRI ...i�
By-
Deputy Cler
Jason. Brawn, County Administrator
Approved as to Form and Legal Sufficiency:
William K. DeBraal, Deputy County Attorney
EXHIBIT "A"
PINE-METTO PARK - LOT 22, LES S R/W PBI 3-87
Commonly known as: 5836 26th Street, Vero Beach, FL 32960
Parcel ID Number: 32-39-32-00007-0000-00022.0
S -XTE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERT Y THAT THIS IS
A TRUE AND C RECT COPY OF
THE ORIGI A N FILE IN T111�
OFFIC
A //////ffffff F R YR. SMIT
BY Li
DATE-----_,