HomeMy WebLinkAbout2019-095AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
BALQUEES, LLC
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the 18 day of June , 2019, by and between Indian
River County, a political subdivision of the State of Florida ("the County"), and Balquees,
LLC, a Florida limited liability company ("the Seller) who agree as follows:
WHEREAS, Seller owns property located at 4710 45th Street, Vero Beach, Florida
32967. 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 reconstruction of 45th
Street between 43rd Avenue and 58th Avenue; and
WHEREAS in order to proceed with reconstruction plans, stormwater treatment and
flood plain compensation the County needs to purchase the property to be used as right-of-
way; and
WHEREAS, the County contacted the Seller to purchase the parcel of approximately
459,558 square feet or 10.55 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 4710 45th Street, Vero
Beach, Florida and more specifically described in the legal description attached as Exhibit
"A", fee simple, containing approximately 10.55 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 $474,750.00 (Four Hundred Seventy -Four Thousand Seven Hundred
Fifty 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.
3.2 This agreement is contingent upon a "clean" Phase 1 Environmental Assessment of
the Property for the County's intended use. The Seller shall permit access to the County
(or its agent) for such testing and examination needed for the Phase 1 Assessment upon
reasonable notice by the County. At the conclusion of the Phase 1 Assessment, the
property shall be returned to its original condition, ordinary wear and tear excepted.
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) 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.
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 BindingEffect. 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: Charles E. Garris, Attorney
819 Beachland Boulevard
Vero Beach, FL 32963
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.
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.
1
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.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
outs"r `'••..
INDIAN RIVER COUNTY, FLOJ3A" y�o�;•.� BALQUEES, LLC
��•
BOARD OF COUNTY Co,M (I�' SI a:• -,-=a Florida Limited Liability Company
Bob Solari, Chairman ' : : `Omar D. Hussamy, Managirymember
M1�pG/�ry FlOR1DP. rr
Approved by BCC June 18-2019 Date
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptroller
By: Ofi&� Ula�
Deputy Clerk
Jason . gown, CounTy Administrator
Approved as to orm gal Sufficiency:
&oc,z,
William K. DeBraal, Deputy my Attorney
EXHIBIT "A"
INDIAN RIVER FARMS CO SUB PBS 2-12 E 10.55 A OF TR 15 (OR BK 424 P - P 72)
LESS RNV PER OR BK 69 PG 515
Commonly known as: 4710 45th Street, Vero Beach, FL 32967
Parcel ID Number: 32-39-21-00001-0150-00002.0
Prepared by and return to:
Charles E. Garris, Esquire
Charles E. Garris, P.A.
819 Beachland Boulevard
Vero Beach, FL 32963
772-231-1995
File Number: Balquees9072.1
Will Call No.: 65
3120200010903
RECIN THE PUBLIC RECORDS OF
EFFRDER SMITH, CLERK OF COURT
INDIAN RIVER COUNTYo
BK: 3279 PG: 158 Page f 2 2/212020 2:08 PM
D DOCTAX PD $3,323.60
Parcel Identification Number: 32-39-21-00001-0150-00002/0
Above This Line For Recording
Warranty Deed
This Warranty Deed made this 17 day of February, 2020, between Balquees, L.L.C., a Florida limited liability
company, whose address is P. O. Box 643408, Vero Beach, FL 32964, Grantor, and Indian River County, a political
subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960-3388, Grantee:
(Whenever 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, trusts and trustees)
Witnesseth, that said Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereofis hereby acknowledged,
has granted, bargained, and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land,
situate, lying and being in Indian River County, Florida, to -wit:
The East 10.4 acres of Tract 15, Section 21, Township 32 South, Range 39 East, according to the last
general plat of lands of the Indian River Farms Company, as filed in the Office of the Clerk of the
Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said land located, lying and being
in Indian River County, Florida; LESS AND EXCEPTING the South 45 feet thereof.
Subject to taxes for 2020 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, if any; however, this reference shall not serve to reimpose
same.
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; that the Grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2019.
DoubleTime®
In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
State of Florida
County of Indian River
Balquees, L.L.C., a Florida limited liability company
By: Q��
Omar D. Hussamy, Manager
The foregoing instrument was sworn to and acknowledged before me thisAMday of February, 2020 by Omar D.
Hussamy, Manager of Balquees, LLC, a Florida limited liability company, on behalf of the limited liability company. He
[X] is personally known to me or L] has produced a driver's license as identification.
[Notary Seal] .... -- IS
GARR
-2��'PYPVg','• 2114
- .°`- L-x;;ires November 23, 2021
Bonded Thru Troy Fain Insurance 800-385.70 9
Notary P c
Printed Name: Charles E. Garris
My Commission Expires: November 23, 2021
Warranty Deed - Page 2 DoubleTime®
(American Land Title Association - Owner's Policy Adopted 6/1712006) (With Florida Modifications)
OWNER'S POLICY OF TITLE INSURANCE
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT 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.
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) 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.
(Covered Risks continued)
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.
SERIAL
OF6-8753577
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 1 of 5
File Number: Balquees9072.1 DoubleTime® 8.2
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 SecondAvenue South, Minneapolis Minnesota 55401
(612)371-1111
* *
By �'�' Pnesrdent
*
J
b,,4
Attest �,(�� Secretary
SERIAL
OF6-8753577
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 1 of 5
File Number: Balquees9072.1 DoubleTime® 8.2
Old Republic National Title Insurance Company
Policy No.:
OF6-8753577
Amount of Insurance: $474,750.00
OWNER'S POLICY
Schedule A
Date of Policy: Agent's File Reference:
February 21, 2020 @ 02:08 PM Balquees9072.1
Address Reference: 4710 45th ST, Vero Beach, FL 32967
Premium: $2,449.00
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 as shown by instrument recorded in Official
Records Book 3279, Page 158, of the Public Records of Indian River County, Florida.
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:
The East 10.4 acres of Tract 15, Section 21, Township 32 South, Range 39 East, according to the last
general plat of lands of the Indian River Farms Company, as filed in the Office of the Clerk of the Circuit
Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said land located, lying and being in Indian
River County, Florida; LESS AND EXCEPTING the South 45 feet thereof.
Issuing Agent:
Charles E. Garris, P.A.
819 Beachland Boulevard
Vero Beach, FL 32963
s:201201 is
Form OF6-SCH.-A (rev. 12/10)(With Florida Modifications)
Old Republic National Title Insurance Company
400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111
Agent No.: 11247
Vs afore
C arles E. Garris
Page 1 of 2
DoubleTime® 8.2
Old Republic National Title Insurance Company
OWNER'S POLICY
Schedule B
Policy No.: Agent's File Reference:
0176-8753577 Balquees9072.1
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. General or special taxes and assessments required to be paid in the year 2020 and subsequent years, not yet due and
payable.
2,a Y of, affie A a s t D bli D a
„ Y�
3. Any encroachment, encumbrance, violation, variation or adverse circumstance that would be disclosed by an inspection
or an accurate and complete land survey of the Land and inspection of the Land.
4. Easementsor- elaims easements « r-eceFdod in t n bl' n a
s.
5. , labor- eF material fumished, imposed by law and not r-eraer-ded in the Public.
ReeeFdsr
6.
7. Aft), li0ft PFOVided by Geuwy Or-dinanee or- by Chapter- F. S., i.. fa, — of any city, teA%, village or- peFt auther-ity,
feF unpaid serviee ehar-ges feF ser -vices by aft), water systems, sewer systems of gas systems ser-ving the land desrmibed
e
and "'IieH fOF waste fees in ftiver- of aft), count), er- mu—i—pal
8. Subject to all Canals, ditches and rights of way as reserved on the last General Plat of Lands of the Indian River Farms
Company Subdivision as filed in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida, now Indian
River County, Florida.
9. Reservations in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement
Fund of the State of Florida, recorded in Deed Book 59, Page 330, as affected by Partial Release of Road Reservation
recorded in O.R. Book 1689, Page 2050, Public Records of Indian River County, Florida.
10. Easement reserved in road right-of-way deed recorded in O.R. Book 69, Page 515, Public Records of Indian River
County, Florida.
11. Rights of the essees under- unferser-ded
Items 2, 4-7 and 11 are hereby deleted from Schedule B.
Page 2 of 2
Form OF&SCH.-B (rev. 12110)(With Florida Modifications) DoubleTime® 8.2
(Covered Risks continued)
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 tiled or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in
the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees,
or expenses that arise by reason of:
1. (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;
(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.
CONDITIONS
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 I 1 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,
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 2 of 5
(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.
0) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or
lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring 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.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or 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.
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 3 of 5
(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 continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the
Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of
payment and that the Company is obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to
pay.
Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under
this policy for the claimed loss or damage, other than the payments required to 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.
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
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 4 of 5
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 Ensured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding
any terms or conditions contained in those instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be
demanded if agreed to by both the Company and the Insured at the time of the controversy or claim. Arbitrable matters may include, but are not limited to,
any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its
issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand
for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator (s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the
Company. In interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be
restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule
A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and 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 determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within
the United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at
400 Second Avenue South, Minneapolis, Minnesota 55401-2499, Phone: (612) 371-1111.
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 5 of 5
a
n
0
VrD
�' n
0 yyy�
Q J
to/-r
0
Buyer/SeAer
A. Settlement Statement Settlement Statement
B. Type of Loan
Q 1. FHA Q 2. FmHA Q 3. Corn. Unins. 6. File Number 7. Loan Number 8. Mortg. Ins. Case Num.
Q 4. V.A. Q 5. Conv. Ins. Balquees9072.1
ID:
C. NOTE: This form is fumished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent am shown. Items
marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included In the totals.
D. NAME OF BUYER: Indian River County, a political subdivision of the State of Florida and Indian River County, a political subdivision of the State
of Florida
Address of Buyer: 1801 27th Street, Vero Beach, Florida 32960-3388
E. NAME OF SELLER: Baiquees, L.L.C., a Florida limited liability company
Address of Seller: R O. Box 643408, Vero Beach, Florida 32964 TIN:
F. NAME OF LENDER:
Address of Lender:
G. PROPERTY LOCATION: 4710 45th ST, Vero Beach, Florida 32967
H. SETTLEMENT AGENT: Charles E. Garris, P.A. TIN: 20-0834860
Place of Settlement: 819 Beachland Boulevard, Vero Beach, Florida 32963 Phone: 772-231-1995
1. SETTLEMENT DATE: 2/20/20 DISBURSEMENT DATE: 2/20120
transactionJ. Summary of buyer's
r0
101. Contract sales price
r . Gross amount due to seller
474,750.00 401. Contract sales price
474,750.00
102. Personal properly
402. Personal roperty
103. Settlement charges to buyer (Line 1400)
6,066.10 403.
104.
404.
105•
Adjustments for items paid by seller in advance:
106. CityAown taxes
405.
Adjustments for Wins paid by seller in advancL:
406. CRYAown taxes
107. County taxes
407. County taxes
108. Assessments
408. Assessments
109.
409.
110.
410.
111.
1 1411.
112.
1 1412.
120. Gross amount due from b er:
00
201. Deposit or earnest money
1 480,816.10 420. Gross amount due to seller.
0• RedLlCtiOnS it) arnOUnt due to seller:
501. Excess deposit (see Instructions)
474,750.00
202. Principal amount of new loan(s)
502. Settlement charges to seller (line 1400)
4,302.00
203. Existing loans taken subject to
503. Existing loans taken subject to
204. Principal amount of second mortgage
504. Payoff of first mortgage loan
205.
505. Payoff of second mortgage loan
206•
506. Deposits held by seller
207. Principal amt of mortgage held by seller
507. Principal amt of mortgage hell by seller
208.
508.
209.
Adjustments for items unpaid by seller:
210. CRyAown taxes
509.
Adjustments for items unpaid by seller:
510. City/town taxes
211. County taxes from 01/01/20 to 02/20/20
374.46 511. County taxes from 01/01/20 to 02/20/20
374.46
212. Assessments
512. Assessments
213.
513.
214•
514.
215.
515.
216.
516.
217.
517.
218.
518.
219.
519.
220. Total paid by/for buyer.
374.46 520. Total reductions in amount due seller:
4,676.46
r • •
301. Gross amount due from buyer
(line 120)
rr Cash at settlement to/fron)
480,816.10 601. Gross amount due to seller
(line 420)
474,750.00
302. Less amount paid by/for the buyer
(line 2201
(374.46) 602. Less total reductions in amount due seller
ni.,e KIM
(4,676.46)
Buyer/Seller Settlement Statement
Pace 2
700. Total Sales/Brokers Com. based on price $474,750.00 % =
701 • % to
702. % t0
Paid from
Buyers
Funds at
Settlement
Paid from
Seller's
Funds at
Settlement
703. Commission paid at settlement
704•
801. Loan origination fee
to
% to
802. Loan discount
% to
803. Appraisal fee
to
804. Credit report
to
805. Lender's inspection fee
to
806. Mortgage insurance application fee
to
807. Assumption Fee
to
808.
to
809.
to
810.
to
811.
901. Interest from
to
to /day
902. Mortgage insurance premium for
months to
903. Hazard insurance premium for
years to
904. Flood insurance premium for
years to
905.
vearsto
1001. Hazard insurance
months A
per month
1002. Mortgage Insurance
months 1111
per month
1003. City property taxes
months 0
per month
1004. County property taxes
months M
per month
1005. Annual assessments
months 0.
per month
1006. Flood insurance
months 911
per month
1007.
months A
per month
1008•
months A
per month
1009. Aggregate accounting adjustment
1101. Settlement or closing fee
to
1102. Abstract or title search
to Attorneys' Title Fund Services, LLC
275.00
1103. Title examination
to
1104. Title insurance binder
to
1105. Document preparation
to
1106. Notary fees
to
1107. Attorney's Fees
(includes above item numbers:
to Charles E. Gams, PA.
4,302.00
1108. Title Insurance to Old Republic Nat. Title/Charles E. Garris
2,449.00
(includes above item numbers:
1109. Lender's coverage (Premium):
1110. Owners coverage (Premium): $474,750.00 ($2,449.00)
1111. Endorse:
1112.
to
1113.
1201. Recording fees peed
to
$18.50 Mort a e s
Releases
18.50
1202. City/county tax/stamps Deed
Mortgage(s)
1203. State tax/stamps Deed
$3,323.60 mortgage(s)
3,323.60
1204.
to
1205.
to
1301. Survey
to
1302. Pest Inspection
to
1303.
to
1304.
to
1305.
to
1306.
to
1307.
to
1308.
to
Closing Statement Addendum
Seller: Balquees, L.L.C., a Florida limited liability company
Buyer: Indian River County, a political subdivision of the State of Florida and Indian River County, a
political subdivision of the State of Florida
Property: 4710 45th ST, Vero Beach, FL 32967
Closing Agent: Charles E. Garris, P.A.
Closing Date: February 20, 2020
File Number: Balquees9072.1
TAX RE -PRORATION AGREEMENT: If the most recent property tax bill issued does not cover through the closing date,
then the tax prorations set forth on the settlement statement are based upon an estimate. The basis of proration as set forth on
the settlement statement is hereby accepted by the parties to this transaction. It is hereby understood and agreed that the
actual taxes, if different, will be adjusted between the parties upon demand. Closing Agent is not liable or responsible for
adjustment or re -proration of taxes. Closing Agent is not responsible or liable for additional taxes, other charges or tax
refunds, if any, and shall not be liable should any of the parties to this transaction fail or refuse to re -prorate the taxes.
AGREEMENT TO COOPERATE: If requested by Lender (if any), Closing Agent, Title Agent or Title Underwriter, the
parties agree to fully cooperate and adjust for clerical errors, including the execution or re-execution of any reasonable
documentation and/or the remittance of any additional sums.
said asseeiatien(s). Said assesiatien(s) may also have the authority tO FegHWO and enfer-ee eemnv&-Aty eeyenams and
MISCELLANEOUS: Closing Agent does not make any representations or warranties nor assumes any liability with respect
to the physical condition of the property, or any repairs to the property. Buyer has been advised and encouraged to secure
hazard insurance coverage prior to completion of closing. If a survey was prepared for the subject transaction, then the Buyer
hereby acknowledges receipt of a copy thereof. The buyer has reviewed said survey and accepts title subject to the matters set
forth thereon. Buyer has received and reviewed the proposed deed and is satisfied with and approves the manner which title
is being held.
DISBURSEMENT AUTHORIZATION, ETC.: Closing Agent does not adjust or assume liability for charges for water,
rents, gas, electricity, taxes on personal property, garbage taxes or fees, license fees or taxes, service/maintenance contracts
(pest control, appliance maintenance, pool care, lawn care, alarm systems, etc.), association assessments or dues, or estoppel
information furnished by mortgagees or others. The settlement statement has been reviewed and approved and Closing Agent
is irrevocably authorized and directed to complete the closing of the transaction and make disbursement in accordance
therewith. In the event of mortgage assumption, if Seller has received a credit for the escrow account balance, then Seller
hereby assigns all right, title and interest in said account to Buyer. Seller, Buyer, and Borrower are used for singular or
plural, as the context so requires or admits. This Agreement is being provided as an inducement for Closing Agent to serve as
the closing agent and for Title Agent and Title Underwriter to issue title insurance on the subject transaction.
Buyer:
Seller:
Indian River County, a political bdiv' ion of a State of
Florid
..—, 4<'.
By:
William K. DeBrAal, Deputy County Attorney
Balqueeeess,�, L.L-�.C., a Florida limited liability company
By: 1
Omar D. Hussamy, Manager
DoubleTime®
Closing Affidavit
(Buyer)
Before me, the undersigned authority, personally appeared the undersigned ("Affiant"), who being by me first duly sworn,
on oath, depose(s) and say(s) that:
1. Indian River County, a political subdivision of the State of Florida and Indian River County, a political
subdivision of the State of Florida ("Buyer"), is purchasing the following described property from Balquees, L.L.C., a
Florida limited liability company ("Seller"), to wit:
The East 10.4 acres of Tract 15, Section 21, Township 32 South, Range 39 East, according to the last general
plat of lands of the Indian River Farms Company, as filed in the Office of the Clerk of the Circuit Court of St.
Lucie County, Florida, in Plat Book 2, Page 25, said land located, lying and being in Indian River County,
Florida; LESS AND EXCEPTING the South 45 feet thereof.
2. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property prior to the
recording of the interests to be insured, and Buyer has not and will not execute any instrument (nor permit any action to
be taken) that would adversely affect the title or interests to be insured. There are no judgments or liens against Buyer
and no bankruptcy proceedings are currently pending with respect to Buyer.
3. To the best of Buyer's knowledge, information, and belief (a) within the past 90 days there have been no improvements,
alterations, or repairs to the above described property for which the costs thereof remain unpaid, and that within the past
90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain
unpaid; (b) there are no actual or potential mechanic's, materialmen's, or laborer's liens against the property; (c) there are
no tenancies, leases or other occupancies (oral or written) affecting the property; (d) no other person or entity has any
contract to purchase, option to purchase, right of first refusal, or other potential claim of right to purchase the property.
4. Buyer knows of no violations of municipal ordinances pertaining to the property, or any action or proceeding relating to
the property which is pending in any court, nor does the Buyer know of any judgment, tax lien, or matter of any nature
whatsoever which could create a lien or charge upon the property. Buyer has no knowledge of any matters that could or
does create a cloud on the title to the subject property.
5. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property between the
effective date of commitment and the recording of the interest to be insured. Borrower has not and will not execute any
instruments that would adversely affect the interest to be insured.
6. There are no actions or proceedings now pending in any State or Federal Court to which the Buyer is a party, including
but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens
or executions of any nature which constitute or could constitute a charge or lien upon said property.
7. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing Charles E. Garris, P.A. and Old Republic National Title Insurance
Company to issue title insurance on the subject property, with the knowledge that said title companies are relying upon
the statements set forth herein.
Buyer hereby holds Charles E. Garris, P.A. and Old Republic National Title Insurance Company harmless and fully
indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate
levels, and court costs and other litigation expenses) with respect to the matters set forth herein. "Affiant", "Seller" and
"Buyer" include singular or plural as context so requires or admits. Buyer is familiar with the nature of an oath and with
the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made
in an instrument of this nature. Buyer has read, or heard read, the full facts of this Affidavit and understands its context.
File Number: Balquees9072.1 DoubleTime®
Under penalties of perjury, I,declare that I have read the foregoing Affidavit and that the facts stated in it are true.
Indian River County, a po" . litical subdivisio of the State
of Florida
By:
William K. DeBraal, Deputy County Attorney
State of Florida
County of Indian River
The foregoing instrument was sworn to and subscribed before me this ti day of February, 2020 by William K. DeBraal,
Deputy County Attorney, on behalf of the corporation for Indian River County, a political subdivision of the State of Florida.
He U is personally known to me or U has produced a driver's lice ns as identification.
X . ��
[Notary Seal] N ry Public P �,
Printed Name: �Ct ►�c� +moo` �/(i K 0
My Commission Expires: (p 3 • Z d 2�
Closing ,Tld-ll (Buyer) - Page 2
File Number: Balquees9072.1 DoubieTime®
SldiDliAt.9YRW
w
�/ COMMMMiiFFNM
EQvMJAM3.20
BOIIdId71r11 Plolsry R�OIDll1ldMwiNMa
Closing ,Tld-ll (Buyer) - Page 2
File Number: Balquees9072.1 DoubieTime®
2/19/2020
Landmark Web Oficial Records Search
OFFICIAL RLCOI,j,
`3
atIIFib iig11t-Ill - ug Derb
THIS DEED made this 21 day of
19 59 between
Ben Rizzotto and Emilia Rizzotto, his wife,.,,,. _
as partles _ of the first part, and INDIAN RIVER COUNTY, a political sub-
division of the State of Florida, a' party of the second part, whose address is Indian
River County Courthouse, Vero each, Florida.
WITNESSETH, that said ,part _.ies of the first part, for and in
consideration of the sum of Qnel Dollar ($1.00) and other valuable considerations,
paid, receipt of which is hereby'jacknowledged, do hereby grant, bargain, sell
and convey unto the party of the second part, its successors and assigns, a right-
of-way for a public road over, on and across the following described land situated
in Indian River County, Florida, to -wit:
The North 15 feet of.the'South 45 feet of the East
10_.4 acres of Tract 15, West 10.96 acres of Tract 16,
Section 21, Township 32 S, Range 39 E, according to
the last general prat of Indian River Farms Company
filed in the offices of the Clerk of the Circuit Court
of St. Lucie County, Florida.
Official Record 16-187
An additional 6 foot Utility easement, adjacent and North
of the above right:lof way for the encroachment of cross
arms, guys, etc.
1 F LORIDA I FLORIDA
1p., I 101
i
https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 1/2
• a
cry
https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaBookPage&quickSearchSelection=# 1/2
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
Office Of Consent Agenda 0112112020
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Richard B. Szpyrka, P.E., Public Works Directorvv FROM: William K. DeBraal, Deputy County Attorney
DATE: January 13, 2020
ATTORNEY
SUBJECT: Agreement to Purchase and Sell Real Estate with Balquees, LLC
On June 18, 2019, the Board of County Commissioners approved an Agreement to Purchase and
Sell Real Estate with Balquees, LLC for a 10.55 acre unimproved parcel at a price of $474,750. The
property lies on the north side of 45th Street between 43rd and 59th Avenues and is zoned IL, light
industrial and abuts Custom Marble and Granite to the west. To accommodate the future planned
improvements to 451h Street, the County needs to acquire this parcel for stormwater treatment and
compensatory storage purposes for the project. The proposed improvements will include relocating
the current two-lane road with (2) two 12 -foot lanes, (2) two 5 -foot bike lanes and a 6 -foot sidewalk.
In addition, there will be a dedicated westbound left turn lane added at the 58th Avenue intersection.
After the Agreement was approved by the Board in June, the County had a Phase I Environmental
Assessment performed on the property. A Phase I Assessment provides details on the previous
uses of the property and site inspections, but no testing. The Phase I Assessment showed evidence
of possible contaminates on the property, so a Phase II Assessment was conducted and testing on
the possible contamination was performed. Results of the tests were negative for contaminates and
the report concluded that the property could be used for stormwater treatment and compensatory
storage purposes as planned by the County. By the time the results of the Phase II Assessment
were completed, the Agreement had expired so the Parties entered into a new agreement removing
any environmental contingencies and providing a closing 30 days from the date of approval by the
Board. The Agreement to Purchase and Sell is attached to this memorandum.
The County obtained an appraisal of the property indicating a value of $450,000.00, and the Board
approved a purchase price of $474,750.00 for the 10.55 acre property in June. That price remains
unchanged and the current contract keeps the purchase price for the property at $474,750.00.
FUNDING
Funds for this expenditure are budgeted and available from Traffic Impact Fees/District II/ROW/45th
Street/58th to 43rd Avenue. Account # 10215241-066120-17028.
BCC"Memo Balquees Agreement
January 13, 2020
Page 12
RECOMMENDATION
Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate with
Balquees, LLC for $474,750.00 for the 10.55 acres of property located at 4710 45' Street, Vero
Beach, FL 32967, and authorize the Chairman to execute the Agreement on behalf of the Board.
ATTACHMENT
Agreement to Purchase and Sell