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HomeMy WebLinkAbout2020-079AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND ANGELA E. HICKS-ROSALIA THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement') is made and entered into as of the 21St day of April , 2020 , by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Angela E. Hicks-Rosalia ("the Seller") who agree as follows: WHEREAS, Seller owns property located at 7595 66th Avenue, Vero Beach, FL, Vero Beach, Florida. An aerial photo of the Property is attached to this agreement as Exhibit "A", incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements on 66th Avenue between 69th Street and 81St Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase a portion of the property, consisting of approximately 0.09 acres of property as depicted on Exhibit "B", 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 parcel of real property located at 7595 66th Avenue, Vero Beach, FL and more specifically described in the legal description attached as Exhibit "B", fee simple, containing 0.09 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 $9,099.80 (Nine Thousand and Ninety Nine, 80/100 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. 2.2 Well. The property uses potable well water. The well is in the area of take. The County has included the price to replace the taking of the well in the purchase price. The price for replacement of said well is based on a quote from a company chosen by the Seller. Said quote is attached hereto as Exhibit "C". 2.3 Attorneys Fees. The attorney's fees are included in the purchase price and come to a grand total of $1,339.80 (One Thousand Three Hundred and Thirty Nine, 80/100 Dollars). This amount is the statutory attorney's fees amount which is 33% (Thirty Three Percent) of the benefit conferred to the Seller. 2.4 Driveway. During construction of the 66th Avenue project, the County will construct a 14 (fourteen) foot driveway extending from the new edge of pavement to the new right of way line. 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. Should title defects exist within the time specified the County and Seller may reconvene to discuss the defects in title, and resolution shall be memorialized in writing and shall be deemed an amendment of this Agreement signed by both parties. Should these discussions not result in a resolution within fifteen (15) days from the date of notice to the Seller the County may agree to accept title subject to existing defects and proceed to closing. Should the discussions not result in a resolution within fifteen (15) days from the date of notice to the Seller and the County does not agree to accept title subject to existing defects the Seller or the County may by written notice to the other party terminate this Agreement, whereupon shall be of no further force and effect. Upon agreement of both parties the Curative Period may be extended for up to an additional 90 days. 4. Representations of the Seller. 4.1 Seller represents to the parties to have 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 2 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. 3 6.3 Non -Ad Valorem. All non -ad valorem assessments for the current year must be deposited into escrow by the Seller at the time of closing. 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 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. 4 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: Angela E. Hicks-Rosalia P.O. Box 442 Wabasso, FL 32970 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. 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. 9.10 "Seller acknowledges receipt of the "Notice to Owner" nd understands his/her rights granted under Florida Law Chapters 73 and 74." �4 Initials IN WITNESS WHEREOF, the Board has ratified this Agreement to Purchase and Sell Real Estate as of the date beloW. BOARD OF COUNTY COISS SIE INDIA IVER COU RIS BY*Sun dams, Chairman"'''< ,,;},' �, �' a E. Hicks-Rosalia Date r Fro; BCC Approved: Aril 21 2020 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By:h���vi.����� -� Deputy Clerk Approved as to form ands°legal sufficiency -Susan Prad9/ Assistant County Attorney Approved: By Jason E Br n County d inistrator 7 EXHIBIT "A" 50 o uo xm EXHIBIT "B" N I l coco W—* %� E 25 n 90 _ TOWNSHIP 31 SOUTH 0 S loo, TOWNSHIP 32 SOUTH GRAPxI�CSCALE 75' 77th STREET P.O.C. N.E. CORNER SOUTH R/W LINE TRACT 1 30' I 13 r1 C4 Oz I I O W WN fn n m N W wlLIP 00 J O TRACT 1 F I Z a z INDIAN RIVER FARMS CO. I O w m PLAT BOOK 2, PAGE 25 Q ILl.l (ST. LUCIE) I it Q La Z_ N J M Q W Q Q JJ Ld I U \ I I J I IN Lo (r I la 32 i 1 r'7 ilJ O I. t- a J w z� ci I 3 .yN= Lu d'Z�ml Of 0 J—Jo Zl< n I I N 3 IL cli ZQ0Imn ul 0 D \gym NO Of o�W lOC 500) 50' cn I M I I{ I PARCEL 124-8 P.O.B. I i 3,860 SQ.FT. 0.09 ACRES L2 3 � W M 390600001001000004.0 00 og ORB 1995, PG 2408 oM c"0 ool o0 '0 0 Z LI"' VENUE LEGEND LINE TABLE SECTION LINE LINE LENGTH BEARING L1 38.60 N89 -43'25"W L2 38.60 S89'43'25"E VENUE LEGEND n F � SECTION LINE g — — EASEMENT LINE Ec. DEMFTFR, P.S.M. NO. 5179 PROPERTY LINE lhts o ffth shot o legal descrfpti n and sketch of the property sh.- PROPOSED RIGHT OF WAY herean — mode under my �pnvision and Mot this fegol desmfption PARCEL and sketch meets the standards of practice set firth by the Florida - Board of Professional Sursayors and Mappers in ChWter 5J-17. Florid. - - RIGHT OF WAY LINE Administrotim Coda pursuant to Section 472.027, Florid. Statates, and 3 P.O.C- POINT OF COMMENCEMENT that this drawing M . true and accurate r.pm—t.tf- thereof to the P.O.B. POINT OF BEGINNING bat sof my knowledge and belef. Subject to notes and notations shoes R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK n F � PG PAGE ` Ec. DEMFTFR, P.S.M. NO. 5179 FDOT FLORIDA DEPARTMENT OF TRANSPORTATION 2 4 2017 SECT. SECTION DATE tilt Not wiH wltl out the argn.t.- and the origkrd roisad sed of a R dda Ucenasd Surreyw and M.per. " 1-10" Kimley�DHorn ©�, �aa�w-wuw .b ,,�s .c °"" 7/14/17 LEGAL DESCRIPTION AND SKETCH OF7"ER PARCEL 124-8 2 DFD °¢°®w Eco "" "TM T E 90Q VP0 MUK n �°°"PROJECT Ate' m-M.ew fucNJe 'nnp�lErti+ora.mr NO 047035041 INDIAN RIVER COUNTY, FLORIDA m a F LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 1, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NORTHEAST CORNER OF SAID TRACT 1; THENCE, BEARING SOUTH 00'32'02" WEST, ALONG THE EAST LINE OF SAID TRACT 1, A DISTANCE OF 652.08 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, CONTINUE SOUTH 00'32'02" WEST ALONG SAID EAST LINE, A DISTANCE OF 100.00 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'43'25" WEST, A DISTANCE OF 38.60 FEET TO A POINT; THENCE, BEARING NORTH 00'32'02" EAST, A DISTANCE OF 100.00 FEET TO A POINT; THENCE, BEARING SOUTH 89'43'25" EAST, A DISTANCE OF 38.60 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 3,860 SQUARE FEET OR 0.09 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. PROPOSED ACQUISITION PARCEL ACREAGE = 0.09 ACRES PORTION OF THE ACQUISITION PARCEL THAT IS ENCUMBERED BY THE FDOT = 0.03 ACRES RIGHT—OF—WAY SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 6. SAID LINE BEARS NORTH 00'32'02" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. � Kimley)))Horn /-10/17 LEGAL DESCRIPTION AND SKETCH OF SHEET NUMBER �.. �. PARCEL 124-B 2 OF 2 CF➢ ©mIT O�tT-IqN NO A�OOh1R NG PRO ECT NQ o�W Em M6HTMs9lEr,s�lEaaa�BF R» INDIAN RIVER COUNTY, FLORIDA ROE 7 -7.4 U — T�'M W Di703'.�41 Nfl�kY-1L1 Ow EXHIBIT " C3 10 Bechtold Well Drilling Estimate inc• Estimate No: 1285 318 -Herndon St, Sebastian Fl. 32958 Date: 03/03/2020 772-569-6604 bechtoldswater@aol.com www.bechtoLdwelldrilling.com For: Prada sprado@ircgov.com 7595 66th Ave Vero Beach, FL, 32967 2" gravel pack well to 90' 1 $1,550.00 $1,550.00 Permit 1 $110.00 $110.00 Connect well to pump 1 $100.00 $100.00 Subtotal $1,760.00 Total $1,760.00 1/1 Prepared by and return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street Suite C Vero Beach, FL 32960 (772)569-4364 File No 2020-5220 Parcel Identification No 32-39-06-00001-0010-00004.0 This 3120200028390 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3302 PG: 2024 Page 1 of 3 5262020 2:16 PM D DOCTAX PD $54.60 WARMANTY DEED (STATUTORY FORM — SECTION 689.02, F.S.) This indenture made the 12th day of May, 2020, between Angela Hicks-Rosalia, an unmarried woman, whose post office address is P. O, Boz 442, Wabasso, FL 32970, of the County of Indian River, State of Florida, 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, of the County of Indian River, State of Florida, Grantee: Witnesseth, that said Grantor, for and in consideration of the sum of TEN DOLLARS (U. S.$10.00) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is 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, Florida, to -wit: PARCEL 124-B Right of way Parcel All that certain Piece, Parcel or Tract of land situate, lying and being a portion of Tract 1, Section 6, Township 32 South, Range 39 East, according to the last General Plat of lands of the Indian River Farms Company as recorded in Plat Book 2, Page 25 of the Public Records of Saint Lucie County, Florida, now lying and being in Indian River County, Florida; said lands being more particularly described as follows to wit: Commencing for reference at the Northeast corner of said Tract 1; Thence, bearing South 00 degrees 32 minutes 02 seconds West, along the East line of said Tract 1; a distance of 652.08 feet to the Point and Place of Beginning of the herein described Parcel; Thence, continue South 00 degrees 32 minutes 02 seconds West along said East line, a distance of 100.00 feet to a point; Thence, leaving said East line, bearing North 89 degrees 43 minutes 25 seconds West, a distance of 38.60 feet to a point; Thence, bearing North 00 degrees 32 minutes 02 seconds East, a distance of 100.00 feet to a point; Thence, bearing South 89 degrees 43 minutes 25 seconds East, a distance of 38.60 feet to the Point of Beginning. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the State of Florida, nor is it contiguous to or a part of a homestead property. Grantor's residence and homestead address is: P. O, Box 442, Wabasso, FL 32970. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Subject to taxes for 2020 and subsequent years, not yet due and payable; covenants, restrictions, easements, reservations and limitations of record, if any. Warranty Deed File No.: 2020-5220 Page 1 of 2 TO HAVE AND TO HOLD the same in fee simple forever. And Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple, that Grantor has good right and lawful authority to sell and convey said land and that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. I ealed Print STAjCE� FLORIDA CO; Y OF INDIAN RIVER The fore g instrument May 20, by Angela,�Fn Signature o No ptary Public �y Print, T /SgName o Type set Grantor's hand and seal the day and year first above written. 1 _ 41aWic-"Rosalia-442 me by means of physical presence or () online notarization this 12th day of OR Produced Identification: SpHN Q F� ��/�e��i -20 32iuf1 e N•STALE Warranty Deed File No.: 2020-5220 Page 2 of 2 N 4 W� E SH P 31: SOUTHS :' TOWNSHIP 32 SbIJOR"HICSCAM 7 ;,Q25' 7th STREET P SOUTH R 01� IF I� W D INDIAN RIVVEER CT ARMS'CO_ Z PLAT BOCACLu {ST.L1/2, CIE P <�E 25 ¢ I I 1 I � PARCEL 3,850 0.09 F7_- 19 EINE.TABLE LIN€ I LENGTH I BEARING Lf 38.60 89" t2 38.60 S89'43'25`E g _ SECTION LINE `— -- — EASEMENT LINE PROPERTY UNE. gw uriRkr bmt alga 'a# akotdi of AFo 1MaP�tj rKesrt PROPOSED RIGHT OF WAY /meow i� OF** �nasr V rge.r�s.. tAot Nk Asgd dsm*,M e PARCEL and sk tch endm do slm-W i r of p wUm sit 1fo�Bt bj fkrtdo — _ RIGHT OF WAY LINE sO�° ta'>�n+w�a+ �"O"` and y'� ° a�`r :Sl t7, tk+tea A6nehbQetAe tkds. ptrsuatt tb S�cttAn aiE . t7aigo t WWbsa Ovd P.O.C. POINT OF COMMENCEMENT vot ddo +g b n fnm asd ooaYob mraarmod- tr" o+" to dto P.O.B. POINT OF BEGINNING ow Jm s(Woo ww t+eHn 31-A t to note a&d iwtedora mora R/W RIGHT OF WAY h� ORB OFFICIAL RECORDSBOOK F PG PAGE FOOT FLORIDA DEPARTMENT OF 8r- t�lW, F:SY. NA std TRANSPORTATION {Il 2 4 SECT. SECTION PAM MV t s oft ft WWW ratssd soe of -a FkrAAw' 7 tJea oad JWr�. aid w am Kimkwf*Hom DAM LEGAL DESCRtPTtON AND SKETCH OF 'sm. Whow "" W W om , wm m �f. 111Rf X111{' i6.1171i �Af:l R �� tla/tT 0/ PARCEL 124-B 1 QF i R ,� � � INDIAN RIVER COUNTY, FLORIDA WESTCOR POLICY NO. LAND T1rLE ;NsuaANCE COMPAW, OP-25-FL1394-9183058 OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEP"TIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, Westcor Land Title Insurance Company, a South Carolina corporation (the "Company") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS CONTINUED ON NEXT PAGE. In Witness Whereof, WESTCOR LAND TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signa- tory of the Company. Issued By: FL1394 * 2020-5220 WESTCOR LAND TITLE INSURANCE COMPANY Atlantic Coastal Land Title Company, LLC By: 855 21st Street, Suite C °���`£•••".s Vero Beach, FL 32960 ?SySEAI�`, fireside t Attest: _ Secret y OP -25 ALTA Owners Policy offitle Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12,11/17) Page l 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zon- ing) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors'rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or at- tached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (a) created, suffered, assumed, or agreed to by the Insured of this policy, and the Company will not pay loss or damage, costs, Claimant; attorneys' fees, or expenses that arise by reason of: (b) not Known to the Company, not recorded in the Public Re - 1. (a) Any law, ordinance, permit, or governmental regulation cords at Date of Policy, but Known to the Insured Claimant (including those relating to building and zoning) restricting, regulat- and not disclosed in writing to the Company by the Insured ing, prohibiting, or relating to Claimant prior to the date the Insured Claimant became an Insured under this policy; (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improve- ment erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage that would not have been sus- tained if the htsured 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) Any govermnental police power. This Exclusion 1(b) does not (b) a preferential transfer for any reason not stated in Covered modify or limit the coverage provided under Covered Risk 6. Risk 9 of this policy. 2. Rights of eminent domain. This Exclusion does not modify or 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between limit the coverage provided under Covered Risk 7 or 8. Date of Policy and the date of recording of the deed or other 3. Defects, liens, encumbrances, adverse claims, or other matters instrument of transfer in the Public Records that vests Title as shown in Schedule A. OP -25 ALTA Owners Policy ofTitle Insurance 6-17-06 (with FLORIDA Modifications) (W CLIC Edition 12/1/17) Page 2 CONDITIONS 1. DEFINITION OF TERMS The following tenns 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 l of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, con- solidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated En- tity of the named Insured, provided the affiliated Entity and the named Insured 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 construc- tive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improve- ments that by law constitute real property. The tern "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 secu- rity instrument, including one evidenced by electronic means authorized bylaw. (i) "Public Records": Records established under state statutes at Date of Policy for the put -pose 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 purchase, lease, or lend if there is a contractual condition requiring delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of war- ranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Condi- tions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any 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 OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 3 CONDITIONS - CONTINUED h h OL er act t at n is opnuon may be necessary of desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropri- ate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not 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. be an admission of hability 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 pennitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the 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 representa- tive 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 pennission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or dam- age. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or govermuental 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 Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured wider 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. Li addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claim- ant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or 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 li- ability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Con- ditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage detennined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Com- pany will also pay those costs, attorneys' fees, and expenses in- curred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of ac- cess to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent 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. OP -25 ALTA Owners Policy ofTitle insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 4 (b) In the event of any litigation, including litigation by the Com- pany or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final deter- mination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in set- tling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Com- pany pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Com- pany of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any teens or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration As- sociation may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable mat- ters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provi- sions. Except as the endorsement expressly states, it does not (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 terns of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 875 Concourse Parkway South, Suite 200, Maitland, FL 32751. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (wuric Edition 12/1/17) Page 5 OWNER'S POLICY OF TITLE INSURANCE (With Florida Modifications) WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE HOME OFFICE 875 Concourse Parkway'South, Suite 200 Maitland, FL 32751 Telephone: (407) 629-5842 WESTCOR LAND TITLE INSURANCE COMPANY ALTA 6-17-06 OWNER'S POLICY (With Florida Modifications) SCHEDULE A Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 875 Concourse Parkway South, Suite 200, Maitland, Florida 32751, Phone No.: (407) 629-5842. State: FL County: Indian River Address Reference: 7595 66th Avenue, Vero Beach, FL 32967 File Number: Policy Number: Date of Policy: Premium: Amount of Insurance: May 26, 2020 at 2:16 2020-5220 OP-25-FL1394- PM or recording date $100.00 $7,760.00 9183058 of the insured instrument, whichever is later 1. Name of Insured: Indian River County, a political subdivision of the State of Florida 2. The estate or interest in the Land that is insured by this policy is: fee simple 3. Title is vested in: Indian River County, a political subdivision of the State of Florida 4. The Land referred to in this policy is described as follows: See Exhibit A attached hereto and made part hereof. Issued By: Atlantic Coastal Land Title Company, LLC 855 21 st Street Suite C Vero Beach, FL 32960 x Authorized Signatory NOTE: This policy is of no force and effect unless Schedule A and Schedule B are attached together with any added pages incorporated by reference. OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and B (With Florida Modifications) (WLTIC Edition 6/24/15) WESTCOR LAND TITLE INSURANCE COMPANY ALTA 6-17-06 OWNER'S POLICY With Florida Modifications SCHEDULE B File* 2020-5220 Policy #: OP-25-FL1394-9183058 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: Exceptions: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete 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 the adjoined land. 3. Easements or claims of easements not shown by the Public Records. 4. Taxes or special assessments which are not shown as existing liens by the public records. 5. Taxes and assessments for the year 2020 and subsequent years, which are not yet due and payable. 6. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 7. Restrictions, dedications, reservations, setbacks and easements, if any, as indicated and/or shown on that certain Plat recorded in Plat Book 2, at Page(s) 25, of the Public Records of Saint Lucie County, Florida, said lands now lying and being in Indian River County, Florida. OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and 6 (With Florida Modifications) (WLTIC Edition 6/24/15) WESTCOR LAND TITLE INSURANCE COMPANY ALTA 6-17-06 OWNER'S POLICY (With Florida Modifications) EXHIBIT A File No.: 2020-5220 Agent No.: FL1394 PARCEL 124-B Right of way Parcel Policy No.: OP-25-FL1394-9183058 All that certain Piece, Parcel or Tract of land situate, lying and being a portion of Tract 1, Section 6, Township 32 South, Range 39 East, according to the last General Plat of lands of the Indian River Farms Company as recorded in Plat Book 2, Page 25 of the Public Records of Saint Lucie County, Florida, now lying and being in Indian River County, Florida; said lands being more particularly described as follows to wit: Commencing for reference at the Northeast corner of said Tract 1; Thence, bearing South 00 degrees 32 minutes 02 seconds West, along the East line of said Tract 1; a distance of 652.08 feet to the Point and Place of Beginning of the herein described Parcel; Thence, continue South 00 degrees 32 minutes 02 seconds West along said East line, a distance of 100.00 feet to a point; Thence, leaving said East line, bearing North 89 degrees 43 minutes 25 seconds West, a distance of 38.60 feet to a point; Thence, bearing North 00 degrees 32 minutes 02 seconds East, a distance of 100.00 feet to a point; Thence, bearing South 89 degrees 43 minutes 25 seconds East, a distance of 38.60 feet to the Point of Beginning. OP -6S / ALTA 6-17-06 Owner's Policy Exhibit A (WLTIC Edition 4/3/14)tt- CLOSING AGREEMENT Seller(s): Angela Hicks-Rosalia Buyer(s): Indian River County, a political subdivision of the State of Florida Closing Agent: Atlantic Coastal Land Title Company, LLC Property Location: 7595 66th Avenue, Vero Beach, FL 32967 The undersigned hereby acknowledge(s) and understand that contracts, affidavits, deeds, loan documents and similarly related documents associated with a real estate transaction are legal and binding documents. The closing agent is here to facilitate and close the transaction but does not represent the parties as legal counsel. If at any time I(we) do not understand the meaning and consequences of any document and its terms and obligations, I(we) have been advised not sign any document before the seeking the advice of an attorney. TAX RE -PRORATION AGREEMENT: If the property tax Bill for the year of closing has not been issued by the Tax Collector at the time of closing, then the tax prorations set forth on the closing statement are based upon an estimate, and that the actual taxes for the calendar year in which "closing" takes place could represent an amount substantially different from that upon which the proration was based. If such a difference is realized, the parties agree that upon demand of the other, to, without unreasonable delay, re -prorate said taxes based on the actual amount of the bill rendered, using formulae standard in the industry, and to make an appropriate, monetary adjustment between themselves. The Closing Agent is not responsible to make further adjustments. AGREEMENT TO COOPERATE: If requested by Lender (if any) or Closing Agent, the parties agree to fully cooperate and adjust for clerical errors, including the execution or re-execution of any reasonable document and/or the remittance of any additional sum. The parties further agree that any amounts of money due others for services rendered in conjunction with subject "closing" (such as balances owed to existing mortgagees, loan costs associated with a new mortgage, survey, termite or roof inspection fees, or other such costs or fees due), not collected or paid for out of closing funds, remain the responsibility of the contracting party to so pay, and the collection and remittance of such fees, costs or indebtedness by the closing agent is a courtesy service provided by the closing agent, with the contracting party remaining liable for payment of any such fees, or shortages, not collected from the obligated party coincident to the "closing". HOMEOWNER'S / CONDOMINIUM ASSOCIATION(S) LF APPLICABLEZ The Buyer acknowledges the existence of any homeowners and/or condominium association(s) and is aware that monthly, quarterly or annual maintenance assessments may be due to said association(s). Said association(s) may also have the authority to regulate and enforce community covenants and restrictions. PROPERTY CONDITION: Closing Agent does not make any representations or warranties nor assume any liability with respect to the physical condition of the property, and any repairs to the property. SURVEY(IF REQUIRED OR OBTAINED): The Buyer hereby acknowledges receipt of a copy of any survey prepared for the subject transaction. The Buyer has reviewed said survey and accepts title subject to the matters set forth on said survey. CLOSING/SETTLEMENT STATEMENT: Closing Agent does not adjust and/or assume liability for charges for water, rents, gas, electricity, taxes on personal property, garbage taxes or fees, license taxes, association assessments or dues, or estoppel information furnished by mortgagees or others. Sometimes recording fees and courier/express mail fees may vary due to the unknown amounts at the time of closing. Therefore, the parties acknowledge hereto, that monies collected for recording and courier/express mail Page 1 of 2 File No.: 49084907 LTF fees may be more or less than the amount collected on the closing statement. Any shortfalls or overages shall be considered the cost of doing business. Closing Agent will neither refund or collect said differences The closing/settlement statement has been reviewed and approved, and the Closing Agent is irrevocably authorized to make disbursements in accordance therewith. CURRENT MORTGAGES AND REAL ESTATE TAXES: The Seller acknowledges that the payoff statement received by the Closing Agent from the current mortgagees may be subject to final audit after receipt of the payoff funds resulting in a demand by said mortgagee for additional funds and Seller agrees to hold Atlantic Coastal Land Title Company, LLC harmless for the loss or damage incurred due to any inaccurate payoff balance whether in writing or given verbally and agrees to pay the shortage immediately to Atlantic Coastal Land Title Company, LLC. The Seller further agrees that responsibility for unpaid real property taxes and/or assessments not collected or prorated coincident to closing, notwithstanding any error or omission on behalf of the closing agent in reporting, collecting, or discovering same, shall remain the responsibility of Seller. PARTIES: "Seller" and "Buyer" indicate singular or plural, as the context so requires or admits. Angela Hicks-Rosalia- Seller Date: Indian River County, a political subdivision of the State of Florida , a4,zoL 104x, 1,e 05/12/2020 Susan J. Pr o, Assistant County Attorney - Buyer Date: SELLER(S) ADDRESS AND PHONE NUMBER(S) AFTER CLOSING Address: Phone Number(s) Home: Work: E -Mail Address: Other: Page 2 of 2 File No.: 49084907 LTF Atlantic Coastal Land Title Company, LLC ALTA Combined Settlement Statement 855 21st Street Suite C Vero Beach, FL 32960 (772) 569-4364 File #: 2020-5220 Property 7595 66th Avenue Settlement Date 05/13/2020 Prepared: 05/11/2020 Vero Beach, FL 32967 Disbursement Date 05/13/2020 Escrow Officer: Jason Beal Buyer Indian River County, a : Credit ' political subdivision of the Debit ' State of Florida Seller Angela Hicks-Rosalia Lender Seller '' Buyer Debit : Credit ' Debit ' Credit Primary Charges & Credits $7,760.00 Sales Price of Property $7,760.00 Government Recording and Transfer Charges Government recording charges $35.50 Transfer taxes $54.60 Title Charges Owner's title insurance to Westcor Land Title Insurance Company $100.00 Title Search Fee to Old Republic/Westcor $85.00 Closing Fee to Atlantic Coastal Land Title Company, LLC $350.00 Digital Archive/File Scanning Fee to Forensis Technologies $35.00 Wire Fee to Atlantic Coastal/CenterState Bank $16.00 Miscellaneous Charges Attorney Fees to Dill, Evans and Rhodeback $1,339.80 $960.471 Seller 12019 Real Estate Taxes to Indian River County Tax Collector Buyer Debit Credit Debit Credit $960.47 $7,760.00 Subtotals $9,775.90 $0.00 Due from Buyer $9,775.970— $6,799.53 Due to Seller $7,760.00 $7,760.00 Totals $9,775.90 $9,775.90 Acknowledgement We/I have carefully reviewed the Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the Settlement Statement. We/I authorize Atlantic Coastal Land Title Company, LLC to cause the funds to be disbursed in accordance with this statement. Indian River County, a political subdivision of the State of Florida sy: , U4, yL Q /O 05/12/2020 Susan J. Prado, Assist6if County Attorney Date Settlement Agent Date Angela Hicks-Rosalia Date Produced by Atlantic Coastal Land Tide Company, LLC Using Qualia Page 1 of 1 2020-5220 Printed on 05/11/2020 Attorney's Matters - 04.21.20 Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Susan J. Prado, Assistant County Attorney DATE: April 15, 2020 SUBJECT: Acquisition of Right -Of -Way for Phase II of 66th Avenue Improvements — Angela E. Hicks-Rosalia - 66th Avenue, Parcel 124-B Angela E. Hicks-Rosalia is the owner of the parcel of property at 7595 66th Avenue, Vero Beach, Florida 32967, depicted on the aerial photo attached to this memorandum as Exhibit "A". The parcel is a 100 by 100 foot lot approximating 0.23 acres directly abutting the west side of 66th Avenue. The parcel is zoned A-1, Agricultural, up to one residential unit per five acres and lies outside of the Urban Services Boundary. This is a legal non -conforming property. The site is a former citrus grove, and currently a single family grove care takers type home is located upon the site. This house is being used as a rental property and is not within the area of take, however improvements consisting of a potable well are within the area of take. Construction plans call for the County to acquire the following from Ms. Hicks-Rosalia: Parcel 124-B which is made up of 0.09 acres of right-of-way consisting of a 38.6' X 100' wide strip along the entire length of the eastern border of the 0.23 acre parcel; Please see the aerial image that depicts the property interest attached hereto. The County's appraisal for Parcel 124-B was performed by Armfield & Wagner. The appraisals assigned Parcel 124-B a value of $3,700. The appraisal did not find any severance damages There is a potable well that will be lost as part of the take. The potable well needs to be relocated in order for the property to continue to be used by Ms. Hicks-Rosalia. The Cost to relocate the well is $1,760. Hicks-Rosalia 661h Ave Parcel 124-B April 15, 2020 Page 12 Ms. Hicks-Rosalia and her attorney negotiated with Bill DeBraal and Susan Prado on the sale of the piece of Right of Way. Staff and Ms. Hicks-Rosalia agreed on the terms of the Agreement for Purchase and Sale of Real Estate that is attached to this memorandum as Exhibit "B". The Agreement terms are: • The County will pay to Ms. Hicks-Rosalia $7,760 for right-of-way parcel 124-13, permanent access easement, and temporary construction easement. • Statutory attorney's fees of $1,339.80 • All costs and expert witness fees of $1,500 • One 14 (fourteen) foot driveway extending from the new edge of pavement to the new right of way line The total settlement cost to the County is $10,599.80 plus the cost of the driveway. An aerial image of Parcel 124-B is attached to this memo. By purchasing the Property in advance of filing a lawsuit, staff is attempting to save on expert witness fees incurred by both the County and Ms. Hicks-Rosalia. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is filed and mediation is held. Pursuant to state statutes, the County is responsible for reasonable expert witness fees for Ms. Hicks-Rosalia. The County has incurred significant savings by not having to hire our trial witnesses (appraiser, engineer and land planner) and outside counsel. Ms. Hicks-Rosalia is represented by John Evans of the law firm Dill, Evans, and Rhodeback in Sebastian. STAFF RECOMMENDATION: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate for the Hicks-Rosalia property and authorize the Chairman to execute the document on behalf of the Board. FUNDING: Funding is budgeted and available for this expenditure in Traffic Impact Fees/ District I/ROW/66th Ave/69th Street -851h Street, Account # 10215141-066120-16009. Attachments: Exhibit "A" Aerial Photo Exhibit "B" Agreement to Purchase and Sell Real Estate for right-of-way Parcel 124-B.