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HomeMy WebLinkAbout2022-109AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT is entered into as of the 7th day of June, 2022, by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 ("County"), and Venda R. Burgess, whose address is 3335 58th Avenue, Vero Beach, FL 32966 ("Ms. Burgess"). WHEREAS, Ms. Burgess owns a 0.30 -acre parcel of improved land located at 3335 581h Avenue, Vero Beach, FL 32966 on the west side of 58th Avenue and north of 33rd Street as depicted on the aerial photo attached as Exhibit "A"; and WHEREAS, the parcel is zoned RS -3, Residential, up to three residential units per acre and lies inside of the Urban Services Boundary; and WHEREAS, County is undertaking a road expansion project consisting of the expansion of the intersection of 58th Avenue and 33rd Street, for which County needs the entire 0.30 -acre of property (Property) to be used as right-of-way; and WHEREAS, in order to avoid the uncertainty of trial and the costs of litigation, the Parties have agreed to purchase and sell the above parcel of Property to be used for the 58' Avenue/3311 Street Intersection expansion project. NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Recitals. The above recitals are true and correct and are incorporated herein. 1. Agreement to Purchase and Sell. Ms. Burgess hereby agrees to sell to the County, and the County hereby agrees to purchase from Ms. Burgess, upon the terms and conditions set forth in this Agreement, the 0.30 -acre parcel of real property and more specifically described in Exhibit "B" attached and incorporated by reference herein. 2. Purchase Price; Effective Date. The purchase price (the "Purchase Price") for the Property shall be FIVE HUNDRED TEN THOUSAND DOLLARS ($510,000.00). 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, by the Indian River County Board of County Commissioners at a formal meeting of such Board. 3. Title to the Property. Ms. Burgess shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Ms. Burgess; but subject to property taxes for the year of Closing and subject to 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. 1 4.0 County may order an Ownership and Encumbrance Report with respect to the Property. County shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver written notice to Ms. Burgess 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 Ms. Burgess cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Ms. Burgess 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 Ms. Burgess, to: (i) terminate this Agreement, whereupon it 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. 5. Representations of Ms. Burgess. 5.1 Ms. Burgess 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. 5.2 From and after the Effective Date of this Agreement, Ms. Burgess shall take no action which would impair or otherwise affect title to any portion of the Property, and, except for documents related to construction of her new home and replacement structures, shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 5.3 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. 6. Default. 6.1 In the event that Ms. Burgess shall fail to perform any of its obligations hereunder, the County shall be entitled to: (i) terminate this Agreement by written notice delivered to Ms. Burgess at or prior to the Closing Date, and pursue all remedies available hereunder and under applicable law; (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive Ms. Burgess's default and proceed to Closing. 6.2 In the event of a default by the County, Ms. Burgess shall be entitled, as its sole remedy hereunder, to terminate this Agreement. Ms. Burgess shall have no claim for specific performance, damages or otherwise against the County. 7. Closing. 2 7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) Ms. Burgess 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 paragraphs 3 and 4 respectively. (b) Ms. Burgess shall be entitled to one year of extended possession without compensation and at the end of the one-year period, shall have removed all of her personal property and equipment from the Property and shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. The Parties shall enter into a mutually agreeable lease at the time of closing. (c) If Ms. Burgess is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) Ms. Burgess shall deliver to the County an affidavit, in form acceptable to the County, certifying that Ms. Burgess is not a non-resident alien or foreign entity, such that Ms. Burgess and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) Ms. Burgess and the County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction, including any corrective documents. 7.2. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. County shall pay the following expenses at Closing: (a) The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. (b) Documentary Stamps required to be affixed to the warranty deed. (c) All costs and premiums for the owner's marketability title insurance commitment and policy, if any. (d) Appraisal fees in the amount of $12,000.00 to Cantrell Ray Real Estate, LLC. (e) Attorney's fees in the amount of $20,000.00 representing approximately 4% of the purchase price to Brent Simon Law Group. (f) Moving expenses in the amount of $10,000.00 to Venda R. Burgess 8. Prorations. 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 Ms. Burgess. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31, Ms. Burgess shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of such taxes established by the taxing authority having jurisdiction over the Property. If the Closing Date occurs between January 1 and November 1, Ms. Burgess shall, in accordance with Florida Statutes Section 196.295, deposit into escrow with the Tax Collector, an amount equal to the current real estate taxes and assessments, prorated to the Closing Date. 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 Conveyance in Lieu of Eminent Domain. It is understood by the parties that this contract is entered into by Ms. Burgess under the threat and in lieu of condemnation. 9.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between Ms. Burgess 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. 9.4 Assignment and Binding Effect. Neither County nor Ms. Burgess 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. 9.5 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 Ms. Burgess: Venda R. Burgess 3335 58th Avenue Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on rd 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. 9.8 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs and expenses. 9.9. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.10. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. SIGNATURES ON THE FOLLOWING PAGE 5 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below. AS TO VENDA R. BURGESS: By: ` le A'2_—� Venda R. Burgess t/0 , Date Signed- ` L ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller By: GLS Deputy Clerk Approved as to form and legal sufficiency- /1,{/ -/'�' /,W William K. DeBraal " Deputy County Attorney 52-01-VER\24 (: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORJ.�ppjtii�" : OJ•. By: eter D. O'Bryan, Ch rrri Date Signed: June 7, 2022 •��o9y9;yr '� Indian River County Administrator - l- Indian River County, FL I EXHIBIT "A"--- -- � I SBR•OK Ln . . . . . . . . . . Lj 60 LO • •. '� .',� Iii LASAR Q ; . PARK 33RD ST �r ---------- 4-1 `-y-- .. i. t. f INDIAN I Vero Beach INDIAN RIVER FARMS COMPANYS/D I RIVER FARMS ���A4PANY SSD I 148 ft I -:,� • <- R Overview Legend ❑ Parcels Street Centerlines Municipal Boundaries 2 IRC_Private_Schoo Government Facilities FEDERAL GOVERNMENT COUNTY GOVERNMENT LOCAL GOVERNMENT SCHOOL © HOSPITAL SII FIRE STATION LAW ENFORCEMENT ♦ STATE PARK COUNTY PARK C ITY PARK • BOATRAMP CANOELAUNCH CANOE LANDING Golf Courses Water Parcel ID 32393200009002000011.0 ProplD 53012 Owner BURGESSVENDAR Last 2Sales Sec/Twp/Rng 32-32-39 Class 0100 -Single Family- Address 333558TH AVE Date Price Instr Qual Property 3335 58TH AV Improved VERO BEACH, FL Type Address VERO BEACH Acreage 0.3 32966 9/1/1987 $89500 n/a U 5/1/1984 $12000 n/a U Plat Boob L'nh J A District 7- COUNTY- NO SEBASTIAN INLET Brief Tax Description REPLATOFLASARPARKSUBBLK2LOTS 11&12PBI 2-20 (Note: Not to be used on legal documents) Date created: 5/2/2022 Last Data Uploaded: 5/2/2022 8:06:29 AM Developed by4,� Schneider GEOSPATIAL I mm Sketch and Legal Descrip iof nor: INDIAN RIVER COUNTY Legal Description (Right of Way Acquisition) LOTS 11 AND 12, BLOCK 2, REPLAT OF LASAR PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2. PAGE 20. PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. CONTAINING 13,151 SQUARE FEET (0.30 ACRES), MORE OR LESS Surveyor's Notes 1). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE SKETCH OF THE DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE, THERE MAY EXIST EASEMENTS, RESERVATIONS, RESTRICTIONS OR OTHER ENCUMBRANCES NOT SHOWN HEREON, BUT CAN BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Leaend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L.L.C. = LIMITED LIABILITY COMPANY O.R.B.= OFFICIAL RECORD BOOK (P) = PLAT P.B.= PLAT BOOK PG = PAGE PBS = PLAT BOOK ST. LUCIE A=DELTA ANGLE SQ. FT. = SQUARE FEET R = RADIUS R/W = RIGHT-OF-WAY =JOINT OWNERSHIP This is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION I'Prtifir-Minn (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MYXNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA_ III<3PA15OF PRQFESSIQNAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 1Q"IDD NIS ITC9 CODE, PURSUANT TTJJTO SECTION 472.027 FLORIDA STATE S E!I J DATE OF SIGNATURE w D. RYVNR INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: 111021202) R. /NGLETT SCALE: N/A APPROVED BY: cr,worvrjv F: OB NO: 1 OF 2 1, =ESS!0NAL-SLIRVE , R D MAPPER FLORIDA CERTIFICATEWO. 4863 Sketch and Legal Description for: INDIAN RIVER COUNTY (3335 58th Avenue) c i — r c { t r f _. v `rY _ '�. moi• . •S . it; ,. �.:4i--0r �ii- w. .: ' j j t { j k !.ii .. f .. �` 3 .. . _ - t.: ). .SPr_ .» '•� _I�"IC, .. ...� � a(f ie E.. ..d :. :t., .. .. .. F 3 - � A. .�, ✓..`,..�.. y, �,: iaA Trt' � . �_. :.{S 1.1c.. •.;. -�.Il �` . l� .. , ...0•�/'e I' . ... r j ° .. .dSi'. v /�fa �/�y � :I• :i' t i 1 -t ,F � i _ z e a. �:� R rte.... ! .5 •:;� . u b 4•y � �' .s+ � { "�j n - i YY iii N'e +..z ti f. 8 ?..'ties' �. t; Y K. ^<..I'.,<,. At z' t_-..>... - .� w..>r.4'tty.... .�..>us•. v .� ::- rtw . J.... •r. .aac-..r.:..V- a .r+..wa. .... +r.._... .iu. .:.-ems -. L_. - n.... � w.•s. , m.- >. ..ry �•ss w n. -�. - otic. n ... <... �.f ' Sketch and Legal Description I I Shadow Brook Subdivision (PLAT BOOK 9, PAGE 17) Lot 5 i i i/ /I i 1.00 kr-)/ i i i Replat of Lasar Par Block 2 o (PLAT BOOK 2, PAGE 20) /Lot 11%//�/ 32-39-32-00009-0020-0 11.0 VENDA BURGESS / SITE ADDRESS: 3335 58th AVENUE/ O.R.B. 779, PG 2461 131.58'(P� 13,151 a SQUARE FEET± 0 (0.30 ACRES±) o ;) Lot 12 131.67' P RIGHT OF WAY LINE AND 0 z Q N W Zf J O r W Q 3:z o 1- U) I- Q 7- W for: INDIAN RIVER COUNTY C 0_ 0 O 1 O Z W Qoz J L W F- +� z V) 00 _I LO FI �I wl -------------95-------------- 0_ P L------ 55----- (NOT TO SCALE) LLA I L RIGHT OF WAY INE ---------- 'I i SOUTH LINE LOT 12 33rd Street 0 ; 0' n' M SOUTH LINE OF NORTHWEST 1/4 (,r (,r SECTION 33-32-39 _ SOUTH: INE OF NORTHEAST 1/4 SECTION 32-32-39�—�—�� - WEST 1/4 CORNER SECTION 33, I.R.F. W.C.D. TOWNSHIP 32 SOUTH, RANGE 39 EAST M SUB—LATERAL A-4 CANAL 0' 25' 25• RIGHT OF WAY LINE RIGHT OF WAY LINE L This is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: 111021202) R. /NGLETT SCALE: APPROVED BY: N/A O. SCHRYVER HEET: �OB NO: 2 OF 2 1356 -"v egend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT A=DELTA ANGLE L.L.C. = LIMITED LIABILITY COMPANY SQ. FT. = SQUARE FEET O.R.B.= OFFICIAL RECORD BOOK R = RADIUS (P) = PLAT RNV = RIGHT-OF-WAY P.B.= PLAT BOOK �� = JOINT OWNERSHIP PG = PAGE Sketch and Legal Description for: INDIAN RIVER COUNTY (3335 58th Avenue) 1 a) M II IN M MI I I M r1 M --- 0 1 z 0 3 M -C �f Z O 0 LAJ W 2 P:: z J W W } Q W \I i= 01 Y Q af o _ � i z C, C 0_ 0 O 1 O Z W Qoz J L W F- +� z V) 00 _I LO FI �I wl -------------95-------------- 0_ P L------ 55----- (NOT TO SCALE) LLA I L RIGHT OF WAY INE ---------- 'I i SOUTH LINE LOT 12 33rd Street 0 ; 0' n' M SOUTH LINE OF NORTHWEST 1/4 (,r (,r SECTION 33-32-39 _ SOUTH: INE OF NORTHEAST 1/4 SECTION 32-32-39�—�—�� - WEST 1/4 CORNER SECTION 33, I.R.F. W.C.D. TOWNSHIP 32 SOUTH, RANGE 39 EAST M SUB—LATERAL A-4 CANAL 0' 25' 25• RIGHT OF WAY LINE RIGHT OF WAY LINE L This is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: 111021202) R. /NGLETT SCALE: APPROVED BY: N/A O. SCHRYVER HEET: �OB NO: 2 OF 2 1356 -"v egend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT A=DELTA ANGLE L.L.C. = LIMITED LIABILITY COMPANY SQ. FT. = SQUARE FEET O.R.B.= OFFICIAL RECORD BOOK R = RADIUS (P) = PLAT RNV = RIGHT-OF-WAY P.B.= PLAT BOOK �� = JOINT OWNERSHIP PG = PAGE Sketch and Legal Description for: INDIAN RIVER COUNTY (3335 58th Avenue) 1 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK LEASE AGREEMENT This Lease Agreement entered into on this day of July, 2022 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called the "Landlord", 1801 27th Street, Vero Beach, FL 32960 and Venda R. Burgess, hereinafter called the "Tenant", 3335 58th Avenue, Vero Beach, FL 32966 in consideration of the mutual promises and agreements set forth below, hereby agree as follows: WITNESSETH: 1. PROPERTY AND TERM. The Landlord hereby leases to the Tenant the single family residence and facilities situated thereon, located at 3335 58th Avenue, Vero Beach, in the County of Indian River, Florida, the "Leased Premises" more particularly described as follows: See Exhibit "A" attached hereto. for a term of one year commencing from the date the County purchases the Leased Premises and terminating one year from that date. The rental rate shall be $1.00 per month payable in advance. 1.1 Termination of Lease by Tenant. Tenant may opt out of this lease anytime during the lease period by providing written notice to Landlord as such. The lease shall terminate if the Tenant vacates the premises as her primary residence. 2. USE OF PREMISES. During the term of this Lease, the Tenant shall use the leased premises for a private, single family residence, and for no other purpose. Tenant shall not use the premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; not to make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises. 3. PROPERTY LEASED "AS IS". Tenant agrees that the property is being leased "as is" and that Landlord makes no warranty or guarantee of the condition of the property or any of the improvements. Tenant has examined the premises and has determined that the premises are suitable for Tenant's purposes. 4. COMPLIANCE OF LAW. Tenant shall comply with all of the laws, rules, ordinances, and regulations of the County, State and Federal Governments, and agencies regarding the use of the leased premises. Violation of any law, rule, ordinance or regulation may result in immediate termination of this lease. 5. MAINTENANCE AND REPAIRS. The Tenant agrees to make any and all repairs and improvements to the leased premises and agrees to keep said premises in a safe, clean and attractive condition during the term of this Lease. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 6. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Tenant shall have the right to install on the premises such equipment, fixtures and other items necessary or convenient for its use of the premises. All equipment and property purchased by the Tenant and placed in, on, or about the leased premises, including equipment not affixed to the realty, shall remain the property of the Tenant. Tenant may remove same on or before the termination of the Lease. In addition, Tenant may remove any items contained in the house so long as it is completed prior to termination of this Lease. 7. PUBLIC UTILITIES AND NON-ADVALOREM TAXES. The Tenant will pay within time allowed for payment without penalties, all charges for water and electricity and all other public utilities which may arise from the Tenant's use of the leased property. The Tenant agrees to hold the LANDLORD harmless from any interruption in the use and services of such commodities. Tenant shall pay all non -ad valorem taxed on the property including Solid Waste Disposal District Taxes. 8. HOLD HARMLESS. The Tenant agrees to hold harmless and indemnify Landlord from any liability which may arise from the Tenant's use of the leased property. 9. INSURANCE. The Tenant shall carry the following insurance coverage and shall furnish the Landlord a certificate of said coverage. 9.1 Renters Insurance. Tenant agrees to keep and maintain at all time during the lease term, at Tenant's expense, a renter's insurance policy protecting Landlord against any internal damage to the house, and a general liability policy protecting Landlord against all claims and demands that may arise or be claimed on account of Tenant's use of the premises in an amount of at least $100,000 for individual injuries and $200,000 per occurrence. The policy shall be written by a carrier licensed to do business in Florida. 9.2. Special Requirements. Ten days prior to the commencement of tenancy, a certificate of insurance shall be provided to the Risk Manager for review and approval. The certificate shall provide for the following: A. Indian River County shall be named as an "Additional Insured" on the general liability policy. B. Indian River County will be given thirty (30) days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Risk Manager. 9.3 Lapse in Coverage. If the tenant allows insurance coverage required under this lease to lapse, expire or be canceled it shall be an immediate breach of the lease and grounds for eviction. 9.4 Damage by Fire or Other Causes. That in the event the premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use, then this Lease shall thereby be determined ended. Landlord shall not be liable to rebuild, replace or repair said premises. K A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 10. MAINTENANCE OF EXTERIOR. Tenant agrees to mow grass and maintain the landscaping and shrubbery. Tenant agrees to maintain the automobile parking areas, driveways and the exterior of the building. 11. RIGHT TO INSPECT. Upon reasonable prior notice, the Landlord may inspect the leased premises to insure that the premises is being properly maintained and kept in good condition. 12. ASSIGNMENT OR SUBLEASE. Tenant shall not assign, sublease or transfer any part of this Lease without prior written consent of the Landlord which may be withheld for any reason. This lease is entered into with the knowledge that 1 adult resides in the house. No additional residents, whether permanent or temporary shall be permitted to move into the house during the term of the lease without Landlord's written consent. Tenant shall not mortgage the leased premises. 13. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or litigation over the terms and conditions of this Lease, the prevailing party shall be entitled to all attorney's fees, costs and suit money expended to resolve that dispute. 14. NOTICE. Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to Tenant at: Venda R. Burgess 3335 58th Avenue Vero Beach, FL 32966 Such notices to Landlord shall be addressed as follows: Public Works Director Indian River County 1801 27th Street Vero Beach, FL 32960-3388 These addresses may be changed by either party by providing written notification to the other. 15. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from your county public health unit. This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404.056 for the purpose of public information and notification. 16. VIOLATION OF TERMS OF LEASE. If Tenant violates any of the covenants and conditions of this lease, then the Tenant shall become a Tenant at Sufferance, and in the event Tenant is evicted by suit at law, Tenant agrees to pay to Landlord all costs of such suit including a reasonable attorney's fee; that no assent, expressed or implied, to any K A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK breach of one or more of the covenants and agreements shall be deemed to be a waiver of any succeeding or other breach. IN WITNESS WHEREOF, we, the Landlord and Tenant, hereunto affixed our hands and seals at Vero Beach, Indian River County, Florida, the day and year first above written. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSI t Peter D. O'Bryan, Chairman Approved by BCC .Tune 7, •2 �• ATTEST: J y R. Smith, Clerk of Circuit Court Deputy Clerk Approved: Jason E( B Venda R. Burgess ohh��iis . (Signature) (Date) Approved as to Form and Legal Sufficiency: County dministrator William K. Debraal, Deputy County Attorney 4 TATE OF FLORIDA iND1AN WER COUNTY THIS ISIS, CERTIFY THAT THI S A TRUE AND CORRECT COPYHE ORIAIyyALON F IN TH OFFICE. _ JEFANEY R.AM4 TH. CW I "Exhibit A" Legal Description (Right of Way Acquisition) LOTS 11 AND 12, BLOCK 2, REPLAT OF LASAR PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 20, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINING 13,151 SQUARE FEET (.30 ACRES), MORE OR LESS 5 3120220045071 *; RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT Prepared by and return to: INDIAN RIVER COUNTY FL BK: 3557 PG: 837 Page 1 of 2 7/19202210:31 AM Rosemary Vigliano D DOCTAX PD $3,570.00 Atlantic Coastal Land Title Company, LLC 855 21st Street Suite C Vero Beach, FL 32960 (772)569-4364 File No 2022-6522 Parcel Identification No 32393200009002000011.0 Above This bine For Recording Data] WARRANTY DEED (STATUTORY FORM — SECTION 689.02, F.S.) _ _ This.indenture made.the.Sth.day-of July, 2022 bet rvecn Venda -R Burgess, an unmarried -woman, whose post office address is 3335 58th Avenue, Vero Beach, FL 32966, 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: Lots 11 and 12, Block 2, Replat of Lasar Park, according to the Plat thereof as recorded in Plat Book 2, Page 20 of the Public Records of Indian River County, Florida Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Subject to taxes for 2022 and subsequent years, not yet due and payable; covenants, restrictions, easements, reservations and limitations of record, if any. 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. Warranty Deed File No.: 2022-6522 Page I oft 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: WITNESr PRINT N E: W [TN PRINT NAME: 1;tit4-,V- ► STATE OF FLORIDA COUNTY OF INDIAN RIVER Venda R. Burgess Yd The foregoing instrument was acknowledged before me. by means of Wphysical presence or () online notarization this -Y day of July, 2022, by Venda R. Burgess. Signa a, No ary Pul Print, ypc/Stamp Name of Notary Personally Known: OR Produced Identification: v Type of Identification Produced:s 1) t �Oy JASON A. BEA]Florida Commission X HN 01221 3 c� rti My Comm, Expires Oct 11, 2024 Bonded thr,:. vattonai Notary Assn, !Warranty Deed Fite No.: 2022-6522 Page 2 of 2 LEASE AGREEMENT This Lease Agreement entered into on this day of July, 2022 by the BOARD OF COUNTY CC]K8K8|SS|{JNERS OF INDIAN RIVER COUNTY, FLORIDA, m political Subdivision of the State of Florida, hereinafter called the °L8Dd|Vnd^. 1801 27m Stneet, V9nJ Beaoh, FL 32950 and Venda R. Burgess, hereinafter called the "Tenant", 3335 581h Avenue, Vero BeaCh, FL 32966 in consideration Of the mutual promises and agreements set forth below, hereby agree as follows: WITNESSETH: 1.' PROPERTY AND TERM. The Landlord hereby |eaS8S to the Tenant the single family residence and facilities situated thereon, located at 3335 58m AveOUe, Vero Beach, in the County OfIndian River. Florida, the "Leased Premises" more particularly described as follows: See Exhibit "A" attached hereto. for 8 berm of one year commencing from the date the County purchases the Leased Premises and terminating one year from that date, The rental rate shall be $1.00 per month payable inadvance. 11 Termination of Lease by Tenant. Tenant may opt out of this lease anytime during the lease period by providing vV[hteU notice to L8Od|Ond as such. The lease shall terminate if the Tenant vacates the premises msher primary residence, 2.USE OF PREMISES. Dur|ng the term ofthis Lease. the Tenant shall use the |88Sed premises for a p[iVate. single family residence, and for no other purpose. Tenant shall not use the pnornineS. or any part thereof, orpermit the same to be used for any iU8g8|. |rD[n0[a|. or improper purposes; not to Olahe. or permit to be 0lade, any diSturb8nom, n0ise, or annoyance whatsoever de1r|rD8Dt3| to the premises or the CVnMf0rt and peace of the inhabitants of the vicinity of the premises. 3. Tenant agrees that the prope�visbeing leased as is" and that Landlord makes no w@rr@Oh/ or guarantee Of the condition Of the property or any of the improvements. Tenant hes examined the premises and has determined that the premises are suitable for Tenant's purposes. 4. COMPLIANCE OF LAW. Tenant shall comply with all Of the laws, rules, 0rdiOanCSS, and regulations of the County. State and Federal Governments, and agencies regarding the use Of the leased premises. ViQ|8dOD Of any |8w, ru|e, ordinance or regulation may result in immediate termination of this |88Se. 5. MAINTENANCE AND REPAIRS. The Tenant agrees to make any and all repairs and improvements tOthe leased premises and agrees to keep said premises in a Saf8. clean and attractive condition during the term of this Lease. 6. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Tenant shall have the right to install on the premises such equipment, fixtures and other items necessary or convenient for its use of the premises. All equipment and property purchased by the Tenant and placed in, on, or about the leased premises, including equipment not affixed to the realty, shall remain the property of the Tenant. Tenant may remove same on or before the termination of the Lease. In addition, Tenant may remove any items contained in the house so long as it is completed prior to termination of this Lease. 7. PUBLIC UTILITIES AND NON-ADVALOREM TAXES. The Tenant will pay within time allowed for payment without penalties, all charges for water and electricity and all other public utilities which may arise from the Tenant's use of the leased property. The Tenant agrees to hold the LANDLORD harmless from any interruption in the use and services of such commodities. Tenant shall pay all non -ad valorem taxed on the property including Solid Waste Disposal District Taxes. 8. HOLD HARMLESS. The Tenant agrees to hold harmless and indemnify Landlord from any liability which may arise from the Tenant's use of the leased property. 9. INSURANCE. The Tenant shall carry the following insurance coverage and shall furnish the Landlord a certificate of said coverage. 9.1 Renters Insurance. Tenant agrees to keep and maintain at all time during the lease term, at Tenant's expense, a renter's insurance policy protecting Landlord against any internal damage to the house, and a general liability policy protecting Landlord against all claims and demands that may arise or be claimed on account of Tenant's use of the premises in an amount of at least $100,000 for individual injuries and $200,000 per occurrence. The policy shall be written by a carrier licensed to do business in Florida. 9.2, Special Requirements. Ten days prior to the commencement of tenancy, a certificate of insurance shall be provided to the Risk Manager for review and approval. The certificate shall provide for the following: A. Indian River County shall be named as an "Additional Insured" on the general liability policy. B. Indian River County will be given thirty (30) days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Risk Manager. 9.3 Lapse in Coverage. if the tenant allows insurance coverage required under this lease to lapse, expire or be canceled it shall be an immediate breach of the lease and grounds for eviction. 9.4 Damage by Fire or Other Causes. That in the event the premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use, then this Lease shall thereby be determined ended. Landlord shall not be liable to rebuild, replace or repair said premises. 2 10. MAINTENANCE OF EXTERIOR. Tenant agrees to mow grass and maintain the landscaping and shrubbery. Tenant agrees to maintain the automobile parking areas, driveways and the exterior of the building. 11. RIGHT TO INSPECT. Upon reasonable prior notice, the Landlord may inspect the leased premises to insure that the premises is being properly maintained and kept in good condition. 12. ASSIGNMENT OR SUBLEASE. Tenant shall not assign, sublease or transfer any part of this Lease without prior written consent of the Landlord which may be withheld for any reason. This lease is entered into with the knowledge that 1 adult resides in the house. No additional residents, whether permanent or temporary shall be permitted to move into the house during the term of the lease without Landlord's written consent. Tenant shall not mortgage the leased premises. 13. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or litigation over the terms and conditions of this Lease, the prevailing party shall be entitled to all attorney's fees, costs and suit money expended to resolve that dispute. 14. NOTICE. Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to Tenant at: Venda R. Burgess 3335 58t�l Avenue Vero Beach, FL 32966 Such notices to Landlord shall be addressed as follows: Public Works Director Indian River County 1801 27th Street Vero Beach, FL 32960-3388 These addresses may be changed by either party by providing written notification to the other. 15. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from your county public health unit. This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404.056 for the purpose of public information and notification. 16. VIOLATION OF TERMS OF LEASE. If Tenant violates any of the covenants and conditions of this lease, then the Tenant shall become a Tenant at Sufferance, and in the event Tenant is evicted by suit at law, Tenant agrees to pay to Landlord all costs of such suit including a reasonable attorney's fee; that no assent, expressed or implied, to any 3 breach of one or more of the covenants and agreements shall be deemed to be a waiver of any succeeding or other breach. IN WITNESS WHEREOF, we, the Landlord and Tenant, hereunto affixed our hands and seals at Vero Beach, Indian River County, Florida, the day and year first above written, INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSI 16 Peter D. O'Bryan, Chairman'` Approved by BCC J ATTEST: Jeffr)ey R. Smith, Clerk of,Circuit Court Deputy Clerk Approved: Jason Venda R. Burgess ure) (Date) Approved as to Form and Legal Sufficiency: I/1 /1 -1 County Administrator William K. Debraal, Deputy County Attorney 51 r "Exhibit A" Legal Description (Right of Way Acquisition) LOTS 11 AND 12, BLOCK 2, REPLAT OF LASAR PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 20, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINING 13,151 SQUARE FEET (.30 ACRES), MORE OR LESS 5 �. WESTCOR POLICY NO. LAND TITLE INSURANCE COMPANY OP-25-FL1394-14275424 OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, Westcor Land Title Insurance Company, a South Carolina corporation (the "Company") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of 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. (e) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS CONTINUED ON NEXT PAGE In Witness Whereof, WESTCOR LAND TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signa- tory of the Company. WESTCOR LAND TITLE INSURANCE COMPANY Issued By: FL1394 * 2022-6522 Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C ��o;f�'% y ••Y�1 Vero Beach, FL 32960 =s+; st nt eside t :r(o tsaT�liy-` zsY`s�w+ fo.. Attest: Secret OP -25 ALTA Owners Policy of Tide lnsuranee 6-11-06 (with FLORIDA Modifications) (WLT1C Edition 12/1117) Page I 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zon- ing) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or 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 oftransfer 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 I 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 of this policy, and the Company will not pay loss or damage, casts, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, pen -nit, or governmental regulation (including those relating to building and zoning) restricting, regulat- ing, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improve- ment erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I(a) does not modify or limit the coverage provided under Covered Risk 5. (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Re- cords at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Clahmant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been sus- tained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) Any governmental 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 limit the coverage provided under Covered Risk 7 or 8. by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other 3. Defects, liens, encumbrances, adverse claims, or other matters instrument of transfer in the Public Records that vests Title as shown in Schedule A. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 2 CONDITIONS 1. DEFINITION OF TERMS The following terrns when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, con- solidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated En- tity of the named Insured, provided the affiliated Entity and the named Insured 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, mid affixed improve- ments 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 secu- rity i rartunent, including one evidenced by electronic means authorized bylaw. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of tine 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 steal l 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, enctunbrance, 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 ofTitie Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/I/17) Page 3 CONDITIONS - 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 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 be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the 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 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 patty that reasonably pertain to the loss or dam- age. All information designated as confidential by the Insured Clahnant 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 PAYOR OTHERNVISE 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 CONTINUED or tender payment of the Amount of brsurance 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 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 determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Com- pany will also pay those costs, attorneys' fees, and expenses in- curred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of ac- cess to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent 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/t/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, attomeys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE TheAmount 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 clain 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 taws 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 orTitle Insurance 6-17-06 (with FLORIDA Modifications) (WLTiC 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, PL 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) 629-5642. State: FL County: Indian River Address Reference: 3335 58th Avenue, Vero Beach, FL 32966 File Number: Policy Number: Date of Policy: Premium: Amount of Insurance: July 19, 2022 at 10:31 2022-6522 OP-25-FL1394- AM or recording date $2,625.00 $510,000.00 14275424 of the insured instrument, whichever is later 1. Name of Insured: Indian River County, a political subdivion 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 subdivion 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 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 6-17-46 OWNER'S POLICY (With Florida Modifications) SCHEDULE B File #: 2022-6522 Policy #: OP-25-FL1394-14275424 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 2022 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) 20, of the Public Records of Indian River County, Florida. 8. Easement granted to Florida Power and Light Company by instrument recorded in Book 500, Page 265, of the Public Records of Indian River County, Florida. OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and a (With Florida Modifications) (WLTIC Edition 6/24/15) WESTCOR LAND TITLE INSURANCE COMPANY ALTA 6-17-06 OWNER'S POLICY With Florida Modifications) AN ■ • Fite No.: 2022-6522 Agent No.: FL1394 Policy No.: OP-25-FL1394-14275424 Lots 11 and 12, Block 2, Replat of Lasar Park, according to the Plat thereof as recorded in Plat Book 2, Page 20 of the Public Records of Indian River County, Florida OP -6S / ALTA 6-17-06 Owner's Policy Exhibit A M,i_[IICAN t wvli tial liNriiiWi (WLTIC Edition 4/3/14)