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HomeMy WebLinkAbout2023-109IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA Indian River County, a political subdivision of the State of Florida, Petitioner vs. Harish Sadhwani & Deepti Sadhwani, et al., Respondents. Case No. 2020 CA 000600 Parcel No. 305 MEDIATION SETTLEMENT AGREEMENT At the Mediation Conference held on May 12, 2023, the parties reached the following Settlement Agreement, subject to the approval by the Indian River County Commission: 1. Petitioner, Indian River County ("COUNTY") will pay Harish Sadhwani and Deepti Sadhwani "Respondents" as follows: Respondents shall receive the sum of $1,133,320 in full settlement of all claims for compensation from COUNTY, including statutory interest, and all claims related to real estate, severance damages, and all apportionment interests, if any and including the purchase of the reminder of the parent tract as referenced in Paragraph 5 of this Agreement.. 2. COUNTY previously deposited in the Registry of the Court its good faith estimate in the amount of $314,264. Upon closing of the property referenced in Paragraph 5, COUNTY or its title company, shall issue a check to the Respondents or Respondent's attorney's trust account in the sum of $819,056 representing the difference between the total settlement sum and the COUNTY's previous deposit. 3. In addition, at closing, COUNTY shall pay the total sum of $63,100 for Respondent's expert fees and costs. 4. In addition, at closing, COUNTY shall pay the total sum of $174,291.00 for any and all of Respondent's attorney fees, inclusive of apportionment, benefits, non - monetary benefits, and supplemental proceedings, if any. 5. In consideration, and as part of this settlement agreement, Respondent agrees to convey and County agrees to purchase Respondent's remaining adjoining land amounting to approximately eleven acres (11+-), free and clear of any all encumbrances. Taxes and assessments, if any, shall be prorated to the date of closing, 6. This mediation settlement agreement is subject to the approval by the Indian River County Board of County Commissioners. Staff will recommend approval of this Agreement to the Board. All reasonable efforts shall be made in order to present this settlement agreement to the County Commission during the month of June, 2023. 7. Respondents hereby waive any and all rights provided to them in FI. Stat. 73.013. concerning any subsequent sale, lease or conveyance by County and County shall be free to convey, sell or lease said property, in its sole and absolute discretion. 8. Upon approval of this Agreement, the parties stipulate to using Atlantic Coastal Title Company to perform the closing of the property subject to this Agreement. The Parties shall fully cooperate in effectuate the prompt closing of the lands referenced in Paragraph 5. County shall pay the costs of closing except Respondents shall be responsible to pay the cost of any taxes and/or encumbrances. 9. This Mediated Settlement Agreement is entered into under the threat of eminent domain, pursuant to Chapters 73 and 74, Florida Statutes. The parties shall enter into a Stipulated Final Judgment up b. (�4-aA Kirstin Leiendecker Indian River County - Engineer William P. Doney, Esquire Caldwell Pacetti, et al. Attorneys for Cou ty William K. DeBraal Deputy County Attorney Indian River County Attorney's Office Harish Sadhwani, Respondent Deepti Sadhwani, Respondent David Holloway, Esquii Attorney for Respondents IN WITNESS WHEREOF, the Board has executed this Agreement at as of the date approved below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA"co"r`iM;�•o BY: z/`� !!1) Jos . Ear ,-Ch-airman' *' BCC Approved: June 6, 2023 ?court �•��`' Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal sufficiency William K. De raa Deputy County Attorney Approv : r -o By Jo A. Titkan ch. Jr. Interim County Administrator 3120230050102 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3653 PG: 2193 Page 1 of 4 10/42023 1:17 PM D DOCTAX PD $0.70 Prepared by and return to: This instrument prepared by: Jason Beal Atlantic Coastal Land Title Company LLC 855 21st Street, Suite C Vero Beach, FL 32960 (772) 569-4364 File No.: 2023-6902 [Space Above This Line For Recording Data WARRANTY DEED A TRUE COPY 01IIITIFICATION ON LAST PAGE KYAN L. BUTLER, CLERK This Warranty Deed Made this 19th day of September, 2023 by Harish Sadhwani and Deepti Sadhwani, husband and wife, hereinafter called the grantor, whose post office address is: 1840 Bayview Court, Vero Beach FL32963 to: Indian River County, a political subdivision of the State of Florida, whose post office address is: 180127"' Street, Vero Beach FL 32960, hereinafter called the grantee, WITNESSETH: That said grantor, for and inconsideration of the sum of Ten ($10.00) Dollars, and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situated in Indian River County, Florida, viz: SEE ATTACHED EXHIBIT A — LEGAL DESCRIPTION TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to , reservations, restrictions and easements of record, if any. (The terms "grantor" and "grantee" herein shall be construed to include all genders and singular or plural as the context indicates) Pursuant to Rule 1213-4.013(4), F.A. C., this deed is being given to a governmental entity under threat of condemnation or as apart of an out-of-court settlement of condemnation proceedings and is not subject to tax. RE: 2023-6902 Page 1 of 3 A TRUE COPY IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal t4zFICATION , CLERK RKA8T PACK C first above written. Signed, Sealed and Delivered in Our Presence: Witne Printed Name: Witness Printed Name: State of Florida County of Indian River Deepti Sadhwani The foregoing instrument was acknowledged before me by means of�hysical presence or [� onlinenot zation, this 19th day of September, 2023 by Harish Sadhwani and Deepti Sadhwani who are personally known or have produced drivers' licenses as identification. [Seal]Y'p"y, JASON A. BEAD tary Public Notary Public -State of Florida Print Name: Commission k HH 012213 oFF My Comm. Expires Oct 11, 2024 My Commission Expires: Bonded through National Notary Assn. RE: 2023-6902 Page 3 of 3 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK EXHIBIT A — LEGAL DESCRIPTION The East 30 acres of Tract 8, Section 7, Township 32 South, Range 39 East, less the West 10 acres thereof, Indian River Farms Company, according the map or plat thereof as recorded in Plat Book 2, Page 25, of the Public Records of Saint Lucie County, Florida; said land now lying and being in Indian River County, Florida. LESS AND EXCEPT therefrom the following: Less the South 30 feet thereof. Also, less Parcel 105, as described in Official Records Book 3370, Page 1074: All that certain piece, parcel or tract of land situate, lying and being a portion of Tract 8, Section 7, 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 it;Commencing for reference at the East 1/4 corner of said Section 7; Thence, bearing North 00 degrees 00 minutes 25 seconds East, along the East line of said Section 7, a distance of 30.72 feet, to a point; Thence, leaving said East line, bearing North 89 degrees 59 minutes 35 seconds West, a distance of 50.00 feet to a point on the North right of way line of 65th Street and the Point and Place of Beginning of the herein described Parcel; Thence bearing North 89 degrees 10 minutes 25 seconds West, along said North line, a distance of 651.57 feet to a point of the West line of the East 20 acres of said Tract 8; Thence leaving said North line, bearing North 00 degrees 00 minutes 25 seconds East, along said West line, a distance of 50.01 feet to as point; Thence leaving said West line, bearing South 89 degrees 10 minutes 25 seconds East, a distance of 455.55 feet to a point; Thence bearing North 45 degrees 25 minutes 00 seconds East, a distance of 56.16 feet to a point; Thence bearing North 00 degrees 00 minutes 25 seconds East, a distance of 1,218.73 feet to a point on the North line of said Tract 8; Thence bearing South 89 degrees 24 minutes 50 seconds East, along said North line, a distance of 156.01 feet to a point on the East line of said Tract 8; Thence bearing South 00 degrees 00 minutes 25 seconds West, along the East line of said Tract 8, a distance of 1,309.39 feet to the Point of Beginning. Subject to all easements, conditions and restrictions as contained within the chain of title. Also, less Parcel 105 Stormwater Management Facility, as described in Official Records Book 3370, Page 1074: All that certain piece, parcel or tract of land situate, lying and being a portion of Tract 8, Section 7, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company as recorded A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 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 East 1/4 corner of said Section 7; Thence, bearing North 00 degrees 00 minutes 25 seconds East, along the East line of said Section 7, a distance of 1,339.60 feet, to a point; Thence, leaving said East line, bearing North 89 degrees 24 minutes 50 seconds West, a distance of 50.00 feet to the Northeast corner of said Tract 8; Thence bearing North 89 degrees 24 minutes 50 seconds West, along the North line of said Tract 8, a distance of 156.01 feet to the Point and Place of Beginning of the herein described Parcel; Thence leaving said North line, bearing South 00 degrees 00 minutes 25 seconds West, a distance of 50.00 feet to as point; Thence bearing North 89 degrees 24 minutes 50 seconds West, a distance of 163.00 feet to a point; Thence bearing South 21 degrees 12 minutes 15 seconds West, a distance of 347.22 feet to a point; Thence bearing North 89 degrees 24 minutes 50 seconds West, a distance of 206.97 feet to a point on the West line of the East 20 acres of said Tract 8; Thence bearing North 00 degrees 00 minutes 25 seconds East, along said West line, a distance of 375.00 feet to the point on the aforementioned North line of said Tract 8; Thence leaving said West line, bearing South 89 degrees 24 minutes 50 seconds East, along said North line, a distance of 495.53 feet to the Point of Beginning. Subject to all easements, conditions and restrictions as contained within the chain of title. American Land Title Association A TRUL LurT CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Owner's Policy of Title Insurance 2021 v. 01.00 (07-01-2021) with Florida modifications POLICY NO.: OP-61-FL1394-15404509 ALTA OWNER'S POLICY OF TITLE INSURANCE issued by WESTCOR LAND TITLE INSURANCE COMPANY This policy, when issued by the Company with a Policy Number and the Date of Policy, is valid even if this policy or any endorsement to this policy is issued electronically or lacks any signature. 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 Condition 17. 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 the Date of Policy and, to the extent stated in Covered Risks 9 and 10, after the Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: The Title being vested other than as stated in Schedule A. Any defect in or lien or encumbrance on the Title. Covered Risk 2 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. the failure of a person or Entity to have authorized a transfer or conveyance; iii. a document affecting the Title not properly authorized, created, executed, witnessed, sealed, acknowledged, notarized (including by remote online notarization), or delivered; iv. a failure to perform those acts necessary to create a document by electronic means authorized by law; 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 the Date of Policy shown in Schedule A. Issued By: FL1394 * 2023-6902 Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, FL 32960 WESTCOR LAND TITLE INSURANCE COMPANY Copyright 2021 American Land Title Association. All rights reserved. i _ \ian� U'nonurl) - PresiJrnt .attest: L7aiald A. BrruUr - Srrrel:�ry The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/12/2022) American Land Title Association ucl A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Owner's Policy of Title Insurance 2021 v. 01.00 (07-01-2021) with Florida modifications 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 the failure to have performed those acts by electronic means authorized by law; vii. a defective judicial or administrative proceeding; or viii. the repudiation of an electronic signature by a person that executed a document because the electronic signature on the document was not valid under applicable electronic transactions law. b. the lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. C. the effect on the Title of an encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment (including an encroachment of an improvement across the boundary lines of the Land), but only if the encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment would have been disclosed by an accurate and complete land title survey of the Land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. A violation or enforcement of a law, ordinance, permit, or governmental regulation (including those relating to building and zoning), but only to the extent of the violation or enforcement described by the enforcing governmental authority in an Enforcement Notice that identifies a restriction, regulation, or prohibition relating to: a. the occupancy, use, or enjoyment of the Land; b. the character, dimensions, or location of an improvement on the Land; C. the subdivision of the Land; or d. environmental remediation or protection on the Land. 6. An enforcement of a governmental forfeiture, police, regulatory, or national security power, but only to the extent of the enforcement described by the enforcing governmental authority in an Enforcement Notice. 7. An exercise of the power of eminent domain, but only to the extent: a. of the exercise described in an Enforcement Notice; or b. the taking occurred and is binding on a purchaser for value without Knowledge. 8. An enforcement of a PACA-PSA Trust, but only to the extent of the enforcement described in an Enforcement Notice. 9. The Title being vested other than as stated in Schedule A, the Title being defective, or the effect of a court order providing an alternative remedy: a. resulting from the avoidance, in whole or in part, of any transfer of all or any part of the Title to the Land or any interest in the Land occurring prior to the transaction vesting the Title because that prior transfer constituted a: I. fraudulent conveyance, fraudulent transfer, or preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors' rights law; or ii. voidable transfer under the Uniform Voidable Transactions Act; or b. because the instrument vesting the Title constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors' rights law by reason of the failure: i. to timely record the instrument vesting the Title in the Public Records after execution and delivery of the instrument to the Insured; or ii. of the recording of the instrument vesting the Title in the Public Records to impart notice of its Copyright 2021 American Land Title Association. All rights reserved. n.uruicnn LAND Ari r The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. _ r. OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/12/2022) A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK American Land Title Association Owner's Policy of Title Insurance 2021 v. 01.00 (07-01-2021) with Florida modifications existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to the Date of Policy and prior to the recording of the deed or other instrument vesting the Title in the Public Records. DEFENSE OF COVERED CLAIMS 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 excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. C. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; C. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or C. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or Copyright 2021 American Land Title Association. All rights reserved. AMFRICAN The use of this Form (or any derivative thereof) is restricted to ALTA licensees and r.nn nnr I,„„�• ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 1, OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/12/2022) American Land Title Association A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Owner's Policy of Title Insurance 2021 v. 01.00 (07-01-2021) with Florida modifications ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. CONDITIONS 1. DEFINITION OF TERMS In this policy, the following terms have the meanings given to them below. Any defined term includes both the singular and the plural, as the context requires: a. "Affiliate": An Entity: I. that is wholly owned by the Insured; ii. that wholly owns the Insured; or iii. if that Entity and the Insured are both wholly owned by the same person or entity. b. "Amount of Insurance": The Amount of Insurance stated in Schedule A, as may be increased by Condition 8.d. or decreased by Condition 10 or 11; or increased or decreased by endorsements to this policy. C. "Date of Policy": The Date of Policy stated in Schedule A. d. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. e. "Enforcement Notice": A document recorded in the Public Records that describes any part of the Land and: i. is issued by a governmental agency that identifies a violation or enforcement of a law, ordinance, permit, or governmental regulation; ii. is issued by a holder of the power of eminent domain or a governmental agency that identifies the exercise of a governmental power; or iii. asserts a right to enforce a PACA-PSA Trust. f. "Entity": A corporation, partnership, trust, limited liability company, or other entity authorized by law to own title to real property in the State where the Land is located. g. "Insured": i. (a). The Insured named in Item 1 of Schedule A; (b). the successor to the Title of an Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (c). the successor to the Title of an Insured resulting from dissolution, merger, consolidation, distribution, or reorganization; (d). the successor to the Title of an Insured resulting from its conversion to another kind of Entity; or (e). the grantee of an Insured under a deed or other instrument transferring the Title, if the grantee is: (1). an Affiliate; Copyright 2021 American Land Title Association. All rights reserved. A It KICAI, l Anil 11114 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 0P-61 FL ALTA 07 -01 -2 021 Owner's Policy of Title Insurance (FLORIDA) (ALTA7-01-2021)(WLTIC Edition 8/1212022) American Land Title Association 02WESiCOR A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Owner's Policy of Title Insurance 2021 v. 01.00 (07-01-2021) with Florida modifications (2). a trustee or beneficiary of a trust created by a written instrument established for estate planning purposes by an Insured; (3). a spouse who receives the Title because of a dissolution of marriage; (4). a transferee by a transfer effective on the death of an Insured as authorized by law; or (5). another Insured named in Item 1 of Schedule A. ii. The Company reserves all rights and defenses as to any successor or grantee that the Company would have had against any predecessor Insured. h. "Insured Claimant": An Insured claiming loss or damage arising under this policy. i. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. j. "Land": The land described in Item 4 of Schedule A and improvements located on that land at the Date of Policy that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is insured by this policy. k. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. I. "PACA-PSA Trust": A trust under the federal Perishable Agricultural Commodities Act or the federal Packers and Stockyards Act or a similar State or federal law. M. "Public Records": The recording or filing system established under State statutes in effect at the Date of Policy under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. n. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. o. "Title": The estate or interest in the Land identified in Item 2 of Schedule A. p. "Unmarketable Title": The Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or a lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATION OF COVERAGE This policy continues as of the Date of Policy in favor of an Insured, so long as the Insured: a. retains an estate or interest in the Land; b. owns an obligation secured by a purchase money Mortgage given by a purchaser from the Insured; or C. has liability for warranties given by the Insured in any transfer or conveyance of the Insured's Title. Except as provided in Condition 2, this policy terminates and ceases to have any further force or effect after the Insured conveys the Title. This policy does not continue in force or effect in favor of any person or entity that is not the Insured and acquires the Title or an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured must notify the Company promptly in writing if the Insured has Knowledge of: a. any litigation or other matter for which the Company may be liable under this policy; or b. any rejection of the Title 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 this policy is reduced to the extent of the prejudice. Copyright 2021 American Land Title Association. All rights reserved. IIS .\Mf RICAN The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ,,,,,,,,,,,,,4 ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (W LTIC Edition 8/12/2022) American Land Title Association 40 VV 9. *J 1 410 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Owner's Policy of Title Insurance 2021 V. 01.00 (07-01-2021) with Florida modifications 4. PROOF OF LOSS 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, adverse claim, or other matter insured against by this policy that constitutes the basis of loss or damage and must 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 Condition 7, the Company, at its own cost and without unreasonable delay, will 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 has 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 covered causes of action. The Company is not 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 any cause of action that alleges matters not insured against by this policy. b. The Company has the right, in addition to the options contained in Condition 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that, in its opinion, may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it is liable to the Insured, The Company's exercise of these rights is not an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under Condition 5.b., it must do so diligently. C. When 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 having jurisdiction. The Company reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE a. When this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured will secure to the Company the right to 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. When requested by the Company, the Insured, at the Company's expense, must give the Company all reasonable aid in: i. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement; and ii. 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 any failure of the Insured to furnish the required cooperation, the Company's liability and obligations to the Insured under this policy terminate, including any obligation to defend, prosecute, or continue any litigation, regarding the matter requiring such cooperation. b. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos, whether bearing a date before or after the Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant must grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all the records in the custody Copyright 2021 American Land Title Association. All rights reserved. nurr:u nr: rnnn nrir The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. _ Reprinted under license from the American Land Title Association. OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/12/2022) A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK American Land Title Association Owner's Policy of Title Insurance 2021 v. 01.00 (07-01-2021) t'with Florida modifications -f or control of a third party that reasonably pertain to the loss or damage. No information designated in writing as confidential by the Insured Claimant provided to the Company pursuant to Condition 6 will be later disclosed to others unless, in the reasonable judgment of the Company, disclosure is necessary in the administration of the claim or required by law. Any 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 Condition 6.b., unless prohibited by law, terminates 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 has the following additional options: a. To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the Amount of Insurance under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option provided for in Condition 7.a., the Company's liability and obligations to the Insured under this policy terminate, including any 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 parties other than the Insured for or in the name of the Insured Claimant. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or ii. To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either option provided for in Condition 7.b., the Company's liability and obligations to the Insured under this policy for the claimed loss or damage terminate, including any obligation to defend, prosecute, or continue any litigation. 8. CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. This policy is not an abstract of the Title, report of the condition of the Title, legal opinion, opinion of the Title, or other representation of the status of the Title. All claims asserted under this policy are based in contract and are restricted to the terms and provisions of this policy. The Company is not liable for any claim alleging negligence or negligent misrepresentation arising from or in connection with this policy or the determination of the insurability of the Title. a. The extent of liability of the Company for loss or damage under this policy does not exceed the lesser of: i. the Amount of Insurance; or ii. the difference between the fair market value of the Title, as insured, and the fair market value of the Title subject to the matter insured against by this policy. b. Except as provided in Condition 8.c. or 8.d., the fair market value of the Title in Condition 8.a.ii. is calculated using the date the Insured discovers the defect, lien, encumbrance, adverse claim, or other matter insured against by this policy. C. If, at the Date of Policy, the Title to all of the Land is void by reason of a matter insured against by this policy, then the Insured Claimant may, by written notice given to the Company, elect to use the Date of Policy as the date for calculating the fair market value of the Title in Condition 8.a.ii. d. If the Company pursues its rights under Condition 5.b. and is unsuccessful in establishing the Title, as Copyright 2021 American Land Title Association. All rights reserved. A\1r R1('AN IAN rI TI'fl f The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. r Reprinted under license from the American Land Title Association. OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/12/2022) American Land Title Association WESTC00" R CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Owner's Policy of Title Insurance 2021 v. 01.00 (07-01-2021) with Florida modifications insured: i. the Amount of Insurance will be increased by 15%; and ii. the Insured Claimant may, by written notice given to the Company, elect, as an alternative to the dates set forth in Condition 8.b. or, if it applies, 8.c., to use either the date the settlement, action, proceeding, or other act described in Condition 5.b. is concluded or the date the notice of claim required by Condition 3 is received by the Company as the date for calculating the fair market value of the Title in Condition 8.a.ii. In addition to the extent of liability for loss or damage under Conditions 8.a. and 8.d., the Company will also pay the costs, attorneys' fees, and expenses incurred in accordance with Conditions 5 and 7. 9. LIMITATION OF LIABILITY a. The Company fully performs its obligations and is not liable for any loss or damage caused to the Insured if the Company accomplishes any of the following in a reasonable manner: i. removes the alleged defect, lien, encumbrance, adverse claim, or other matter; ii. cures the lack of a right of access to and from the Land; or iii. cures the claim of Unmarketable Title, all as insured. The Company may do so by any method, including litigation and the completion of any appeals. b. The Company is not liable for loss or damage arising out of any litigation, including litigation by the Company or with the Company's consent, until a State or federal court having jurisdiction makes a final, non -appealable determination adverse to the Title. C. The Company is not liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. d. The Company is not liable for the content of the Transaction Identification Data, if any. 10. REDUCTION OR TERMINATION OF INSURANCE All payments under this policy, except payments made for costs, attorneys' fees, and expenses, reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance will be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after the Date of Policy and which is a charge or lien on the Title, and the amount so paid will be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage are determined in accordance with the Conditions, the Company will pay the loss or damage within 30 days. 13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND PAYMENT a. If the Company settles and pays a claim under this policy, it is subrogated and entitled to the rights and remedies 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, entity, or property to the fullest extent permitted by law, but limited to the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant must execute documents to transfer these rights and remedies to the Company. The Insured Claimant permits 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. b. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company defers the exercise of its subrogation right until after the Insured Claimant fully recovers its loss. Copyright 2021 American Land Title Association. All rights reserved. AAI(RI CAN L -1N11 'fl Ht The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. _ y� Reprinted under license from the American Land Title Association. OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 811212022) American Land Title Association A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Owner's Policy of Title Insurance 2021 v. 01.00 (07-01-2021) with Florida modifications C. The Company's subrogation right includes the Insured's rights to indemnity, guaranty, warranty, insurance policy, or bond, despite any provision in those instruments that addresses recovery or subrogation rights. 14. POLICY ENTIRE CONTRACT a. This policy together with all endorsements, if any, issued by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy will be construed as a whole. This policy and any endorsement to this policy may be evidenced by electronic means authorized by law. b. Any amendment of this policy must be by a written endorsement issued by the Company. To the extent any term or provision of an endorsement is inconsistent with any term or provision of this policy, the term or provision of the endorsement controls. Unless the endorsement expressly states, it does not: i. modify any prior endorsement, ii, extend the Date of Policy, iii. insure against loss or damage exceeding the Amount of Insurance, or iv. increase the Amount of Insurance. 15. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, this policy will be deemed not to include that provision or the part held to be invalid, but all other provisions will remain in full force and effect. 16. CHOICE OF LAW AND CHOICE OF FORUM a. Choice of Law The Company has underwritten the risks covered by this policy and determined the premium charged in reliance upon the State law affecting interests in real property and the State law applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the State where the Land is located. The State law of the State where the Land is located, or to the extent it controls, federal law, will determine the validity of claims against the Title and the interpretation and enforcement of the terms of this policy, without regard to 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 having jurisdiction. 17. NOTICES 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: Westcor Land Title Insurance Company, Attn.: Claims, 875 Concourse Parkway South, Suite 200, Maitland, Florida 32751. Telephone: (866) 629-5842. 18. ARBITRATION a. All claims and disputes arising out of or relating to this policy, including any service or other matter in connection with issuing this policy, any breach of a policy provision, or any other claim or dispute arising out of or relating to the transaction giving rise to this policy, may be submitted to binding arbitration only when agreed to by both the Company and the Insured. Arbitration must be conducted pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("ALTA Rules"). The ALTA Rules are available online at www.alta.org/arbitration. The ALTA Rules incorporate, as appropriate to a particular dispute, the Consumer Arbitration Rules and Commercial Arbitration Rules of the American Arbitration Association ("AAA Rules"). The AAA Rules are available online at www.adr.org. b. If there is a final judicial determination that a request for particular relief cannot be arbitrated in Copyright 2021 American Land Title Association. All rights reserved. � n MMatnn I -.-D fill The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. _ Reprinted under license from the American Land Title Association.( OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/12/2022) American Land Title Association A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Owner's Policy of Title Insurance 2021 v. 01.00 (07-01-2021) with Florida modifications accordance with this Condition 18, then only that request for particular relief may be brought in court. All other requests for relief remain subject to this Condition 18. C. Fees will be allocated in accordance with the applicable AAA Rules. The results of arbitration will be binding upon the parties. The arbitrator may consider, but is not bound by, rulings in prior arbitrations involving different parties. The arbitrator is bound by rulings in prior arbitrations involving the same parties to the extent required by law. The arbitrator must issue a written decision sufficient to explain the findings and conclusions on which the award is based. Judgment upon the award rendered by the arbitrator may be entered in any State or federal court having jurisdiction. Copyright 2021 American Land Title Association. All rights reserved. A,Mf RI CAN The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (VVLTIC Edition 8/1212022) A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK WESTCOR LAND TITLE INSURANCE COMPANY Policy No.: OP-61-FL1394-15404509 Agent's File No.: 2023-6902 1. Name of Insured: OWNER'S POLICY SCIIEDULE A Date of Policy: September 19, 2023 Premium: Amount of Insurance: $5,408.50 $1,133,320.00 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 to the estate or interest in the land is vested in: Indian River County, a political subdivision of the State of Florida 4. The land referred to in this policy is situated in the county of Indian River, the state of Florida, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART IIEREOF Issued I3y FL1394 * 2023-6902 Atlantic Coastal Land Title Company LLC 855 21st Street, Suite C Vero Beach, FL 32960 (772) 569-4364 Telephone (772) 569-8688 Fax 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-61-FL1394-15404509 / ALTA Owner's Policy of Title Insurance(6-17-06) (With FLORIDA Modifications) -SCHEDULES (WLTIC Edition 1/27/11) Our File No.: 2023-6902 VCRI lr l%.r%I wIM W_ --. , --- RYAN L. BUTLER, CLERK WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY SCIIEDULE 13 EXCEPTIONS FROM COVERAGE Policy No: OP-61-FL1394-15404509 Schedule I3 — Part I Agent's File No.: 2023-6902 Except as provided in Schedule 13 — Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. 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 onthe Land onto adjoining land, and encroachments on the Land of existing improvements located on adjoining land 2. Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof appears of record. 3. l;asements, or claims of easements, not shown by the Public Records. 4. General or special taxes for the year 2024 and subsequent years. 5. 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. NOTE: All recording references in this policy shall refer to the Public Records of Indian River County, Florida, unless otherwise noted. Note: This policy is of no force and effect unless Schedule A and Schedule 13 are attached together with any added pages incorporated by reference. OP-61-FL1394-15404509 / ALTA Owner's Policy of Title Insurance(6-17-06) (With FLORIDA Modifications) -SCHEDULES (WLTIC Edition 1/27/11) Our Pile No.: 2023-6902 A TRUt l.vr r CERTIFICATION ON LAST PAGE RYAN L. SUTLER, CLERK WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY I+'.XIIII3IT A LEGAL DESCRIPTION Policy No: OP-61-FL1394-15404509 Agent's File No.: 2023-6902 The East 30 acres of Tract 8, Section 7, "Township 32 South, Range 39 East, less the West 10 acres thereof, Indian River Farms Company, according the map or plat thereof as recorded in Plat Book 2, Page 25, of the Public Records of Saint Lucie County, Florida; said land now lying and being in Indian River County, Florida. LESS AND EXCEPT therefrom the following: Less the South 30 feet thereof. Also, less Parcel 105, as described in Official Records Book 3370, Page 1074: All that certain piece, parcel or tract of land situate, lying and being a portion of Tract 8, Section 7, 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 East 1/4 corner of said Section 7; Thence, bearing North 00 degrees 00 minutes 25 seconds East, along the East line of said Section 7, a distance of 30.72 feet, to a point; Thence, leaving said East line, bearing North 89 degrees 59 minutes 35 seconds West, a distance of 50.00 feet to a point on the North right of way line of 65th Street and the Point and Place of Beginning of the herein described Parcel; "Thence bearing North 89 degrees 10 minutes 25 seconds West, along said North line, a distance of 651.57 feet to a point of the West line of the East 20 acres of said Tract 8; Thence leaving said North line, bearing North 00 degrees 00 minutes 25 seconds East, along said West line, a distance of 50.01 feet to as point; Thence leaving said West line, bearing South 89 degrees 10 minutes 25 seconds East, a distance of 455.55 feet to a point; Thence bearing North 45 degrees 25 minutes 00 seconds East, a distance of 56.16 feet to a point; Thence bearing North 00 degrees 00 minutes 25 seconds East, a distance of 1,218.73 feet to a point on the North line of said Tract 8; Thence bearing South 89 degrees 24 minutes 50 seconds East, along said North line, a distance of 156.01 feet to a point on the East line of said Tract 8; 'thence bearing South 00 degrees 00 minutes 25 seconds West, along the East line of said Tract 8, a distance of 1,309.39 feet to the Point of Beginning. Subject to all easements, conditions and restrictions as contained within the chain of title. Also, less Parcel 105 Stormwater Management Facility, as described in Official Records Book 3370, Page 1074: All that certain piece, parcel or tract of land situate, lying and being a portion of Tract 8, Section 7, 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 East 1/4 corner of said Section 7; Thence, bearing North 00 degrees 00 minutes 25 seconds East, along the East line of said Section 7, a distance of 1,339.60 feet, to a point; Thence, leaving said East line, bearing North 89 degrees 24 minutes 50 seconds West, a distance of 50.00 feet to the Northeast corner of said Tract 8; Thence bearing North 89 degrees 24 minutes 50 seconds West, along the North line of said Tract 8, a distance of 156.01 feet to the Point and Place of Beginning of the herein described Parcel; 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. 013-61-FL1394-15404509/ALTA Owner's policy ofTitleInsurance(6-17-06) (With FLORIDA Modifications)-SCIII:DULES (WLTIC Edition 1/27/11) Our Pile No.: 2023-6902 A TRUE COPY CERTIFICATION ON LAST PAGE WESTCOR LAND TITLE INSURANCE COMPANI;VAN L. BUTLER, CLERK OWNER'S POLICY EXIIIBIT A LEGAL DESCRIPTION Policy No: OP-61-FL1394-15404509 Agent's File No.: 2023-6902 Thence leaving said North line, bearing South 00 degrees 00 minutes 25 seconds West, a distance of 50.00 feet to as point; Thence bearing North 89 degrees 24 minutes 50 seconds West, a distance of 163.00 feet to a point; Thence bearing South 21 degrees 12 minutes 15 seconds West, a distance of 347.22 feet to a point; Thence bearing North 89 degrees 24 minutes 50 seconds West, a distance of 206.97 feet to a point on the West line of the Cast 20 acres of said Tract 8; Thence bearing North 00 degrees 00 minutes 25 seconds East, along said West line, a distance of 375.00 feet to the point on the aforementioned North line of said 'Tract 8; Thence leaving said West line, bearing South 89 degrees 24 minutes 50 seconds East, along said North line, a distance of 495.53 feet to the Point of Beginning. Subject to all easements, conditions and restrictions as contained within the chain of title. Note: This policy is of no force and effect unless Schedule A and Schedule li are attached together with any added pages incorporated by reference. OP-61-FL1394-15404509 / ALTA Owner's Policy of Title Insurancc(6-17-06) (With FLORIDA Modifications) -SCHEDULES Our File No.: 2023-6902 (WLTIC Edition 1/27/11) A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK CLOSING AGREEMENT Seller(s): Harish Sadhwani and Decpti Sadhwani 13uycr(s): Indian River County, a political subdivision of the State of Florida Closing Agent: Atlantic Coastal Land 'Title Company LLC Property Location: TBD, Vero Beach, FL 32960 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. AGREEMENTTO 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) (IF APPLICABLE): 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 associaiion(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/SffrI'LE-mEN"T 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 dire to the unknown .amounts at the time of closing. Therefore, the parties acknowledge hereto, that Motxies collected for recording and courier/express mail Page i ort File No.: 2023-6902 LTF A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK ICC] Illa\ he Ilkrr•C 01- Ics, thall ills :lmoulli collected oil Illi lilr-,imu suav1 cot. Am shoril:llls or o1 cra_pc.s ~hall he crnsidered the c0a 01' doin_ hu.iness. ('losin .\LMnt \\ ill neither rel'Und or collect said dil'Icrcnces Ills closin_ wnlenlcnt statement 11:1, Iwell re\ir\\cd and nppro\cd. and the Closinu Agent is Irrewc;lhl\ allthtwi/ed Ire make 111 ;leC�tl'llall.'c lllcl'C\I IIb. (1 I(RI X I MoltI_t r 1111.~ AAI l 1\1 Al I ti Imo\ II _.I XI Y I Tic tirller .Ichno\\ Icd_es that the ]),I\ H' statement recci\cd b., the C lo"ino :1_ent from the currcntjlwrt�aL!Lc, nla\ he ~object to final audit atter rcccillt ol'lhc pa\ol"Iurlds resoltim-1 in a dcnrin h\ sai\ nl�rt a,�ec lin additional fatal. and Seller mum to hold Atlantic ('o:l.tal Land 'I'ille Conlpam' L .0 armless I'Or the Irks or damage incurred due to am inaccurate pawlThalance Miether in \\ritingur �\ vCrh:til\ and agrees III pad the,,horta�_c tI nicdhitcl� to Atlantic Coastal Land 'I'Me Company LI' -It e Seller I'urtlicr agrees that rc.ponsibility lits unpaid real propert\ taxes and'or assessments ]lot coto No rorated coincident to Closing. notwithstandin`z any error or omission on behalfot'die closing a<� It in reptim . cullertin,, or disetnerin, same. shall remain the respunsibilit\ \tl'Sellcr. PARTIES: -Seller" and -Buyer" indicate singular or plural. as the conte\t so requires or admits. I larish Sadimatni Dale:-. Deepti Sadhwani uate:__.� 011` q/z3 Indian Rivet. County. a political subdivision of the State of hlol-ida r'1 I j 13 v William K. Debmal, Deputy County Attorney Date: p SELLER(S) ADDRESS AND PHONE NUMBER(S) AFI -ER CLOSING Address: Phone Numbers) f Tonle: Work: 1. -Moil Address:- -- - — - Other: -- - --- — --_ Pegs 1012 1 .I: N,, 2023-6902 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK American Land Title Association ALTA.Settlement Statement - Combined Adopted 05-01-2015 File No./Escrow No.: 2023-6902 Atlantic Coastal land Title Company Print Date & Time: 09/19/2023 9:27 AM LLC Officer/Escrow Officer: Taylor O'Brien I Settlement Location: 855 21st Street, Suite C 855 21st Street, Suite C V. ero Beach FL 32960 Vero Beach, FL 32960 Property Address: TBD, Vero Beach, FL 32960 Buyer: Indian River County, a political subdivision of the State of Florida Seller: Harish Sadhwani and Deepti Sadhwani Atlement Date: September 19, 2023 isbursement Date: September 19, 2023 dditionai dates per state requirements: Seller 1 Description Borrower/Buyer Debit Credit Debit Credit !� Financial 1.1 320.00 Contract Sales Price 1,133,320.00. _- 314,264.00 Good Faith Estimate Deposit 314,264.00 Prorations/Adjustments 300.57 County taxes from 01/01/2023 to 09/19/2023 300.57 Loan Charges to Other Loan Charges ----^------j -- _ Lmpounds ----_- - ------ — Title Charges & EscroW / Settlement Charges .Closing Fee to Atlantic Coastal Land Title Company LLC 375.00 _ Title Search. Fee to Westcor Land Title Insurance Company _. ._.._ ._ ._--••- -_-. �_ Digital Storage fee to Forensis Technologies - Title Insurance to Westcor Land Title Insurance Company 85.00 —_ — _ 40000 _ 5,408.50 - -- - - Commission — -Government Recording and Transfer Charges Fil.e.# 2023-6902 Copyright 2015 American Land Title Association.. Ail rights reserved. Page 1 of 3 Printed on September 19, 2023 at 9:21 AM. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Seller Description Borrower/Buyer Debit Credit Debit Credit Deed: $27.00 to Indian River County Clerk of Court 27.00 Payoff(s) Miscellaneous Property Tax 09/19/2023 Annual payment to Indian 300.57 River County Tax Collector Expert Fees and Costs to David W. Holloway, P.A. 63,100.00 Trust Account Attorney'.s Fees to David W.. Holloway, P.A. Trust 174,291.00 Account Seller Debit 'Credit* 314,564.57 -11133,320.00 I Subtotals Borrower/Buyer Debit I Credit 1,376,947.07 314,564.57 Due From Borrower 1,062,382.50 818,755.43 Due To Seller 1,133,320.00 1,133,320.00 Totals 1,376,947.07 1,i=76,947.07 Copyright 2015 American Land Title Association. File # 2023-6902 All rights reserved. Page 2 of 3 Pr'inted'6n September 19, 2023 at.9-27 AM STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS 1OFFkE - RYAN L BLrtLgR 1-1-rtbw L-1—Lagemenc • t wo I Of �01 rl'CO'Pi.% [.1 1,10 (1 10V tn.'It 1 ha..... received ' CCPY of the ALTA SUIte'llo"t. 7':O. LLC to rn.,se tnc- fords to be dssburs,2,j in with q1IN q,jj!,Ijjj-: ndian Rive I r County, a political SUbdiVi5ion of the St,)te of Florida r Escrow1� 0 1 r io File iq 2023-6902 Printed an September 13. 2023 at 2:12 Pfvi