HomeMy WebLinkAbout2024-017AGREEMENT TO PURCHASE AND SELL REAL ESTATE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of January 9, 2024, by and between the Seller, Indian River
County, ("County"), a political subdivision of the State of Florida, whose address is 1801
27th Street, Vero Beach, FL 32960; and the Buyer, Indian River County Habitat for
Humanity, Inc., a Florida not for profit corporation, ("HFH"), whose address is 4568 North
US Highway 1, Vero Beach, FL 32967.
WHEREAS, the County is the owner of real property located at 4730 40th Avenue,
Vero Beach, FL 32967, commonly known as the Gifford Gardens parcel; and
WHEREAS, HFH is a not for profit corporation organized for the purposes of
providing affordable housing to working families of Indian River County and thereby
promotes community interest and welfare for the citizens of Indian River County; and
WHEREAS, in February 2020, the County's Affordable Housing Advisory Committee
(AHAC) recommended that the County purchase the Gifford Gardens parcel to be used for
construction of affordable housing. The County purchased the 3.3 acre, RM 10 zoned
property for $10,000 on February 25, 2020; and
WHEREAS, HFH is in the final stages of planning construction of an affordable
housing subdivision on the Gifford Gardens parcel, and has approached the County with
an offer to purchase the entire property; and
WHEREAS, the Gifford Gardens parcel is not needed for County purposes and HFH
desires to use the parcel to continue to promote community interest and welfare; and
WHEREAS, the Board of County Commissioners of Indian River County has
adopted a resolution approving this sale of county owned property pursuant to Section
125.38, Florida Statutes (2023),
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter recited, the County and HFH agree as follows:
1. Agreement to Purchase and Sell. The County hereby agrees to sell to HFH, and
HFH hereby agrees to purchase from County, upon the terms and conditions set forth in
this Agreement, that certain parcel of real property located at 4730 40th Avenue, Vero
Beach, FL 32967 and more specifically described on Exhibit "A" attached hereto and
incorporated by reference, containing approximately 3.3 acres, and all improvements
thereon, together with all easements, rights and uses now or hereafter belonging thereto
(collectively, the "Property").
2. Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Property shall be ten dollars 10.00. The Purchase Price shall be paid on the Closing
Date. The Effective Date of this Agreement shall be the date upon which the County
approves the execution of this Agreement, either by approval by the Indian River County
Board of County Commissioners at a formal meeting of such Board or by the County
Administrator pursuant to his delegated authority.
3. Title. County shall convey marketable title to the Property by County Deed free of
claims, liens, easements and encumbrances of record or known to County; but subject to
property taxes for the year of Closing and covenants, restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing; and (b) none of the foregoing prevents Buyer's intended use and development
of the Property ("Permitted Exceptions"). HFH shall have 28 days from the date of this
agreement as its due diligence period during which time habitat may go onto the property
to inspect, test, survey or perform any other act which they deem appropriate in order to
determine the property's suitability for the intended use. HFH shall advise the County of
any issues that might affect suitability the parties shall make a good -faith effort to resolve
the issue prior to closing, termination, or agreement to extend the closing in order to
resolve the issue.
4. Representations of the County.
4.1 County is indefeasibly seized of marketable, fee simple title to the Property, and is
the sole owner of and has good right, title, and authority to convey and transfer the
Property which is the subject matter of this Agreement, free and clear of all liens and
encumbrances.
4.2 From and after the Effective Date of this Agreement, County shall take no action
which would impair or otherwise affect title to any portion of the Property, and shall record
no documents in the Public Records which would affect title to the Property, without the
prior written consent of HFH.
4.3 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.
5. Default.
5.1 In the event HFH shall fail to perform any of its obligations hereunder, the County
shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to HFH at or prior to the Closing Date; or (ii) waive the Buyer's default and
proceed to Closing. Neither the County nor any other person or party shall have any claim
for specific performance, damages, or otherwise against HFH.
5.2 In the event the County shall fail to perform any of its obligations hereunder, HFH
shall, at its sole option, be entitled to terminate this Agreement by written notice delivered
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to the County at or prior to the Closing Date or (ii) waive the County's default and proceed
to Closing. Thereupon neither HFH nor any other person or party shall have any claim for
specific performance, damages or otherwise against the County.
6. Closinq.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 30 days following the Effective Date of this Agreement. The parties
agree that the Closing shall be as follows:
(a) The County shall execute and deliver to HFH a County Deed conveying marketable
title to the Property, free and clear of all liens and encumbrances and in the condition
required by paragraph 3.
(b) The County shall have removed all of its personal property and equipment from the
Property and the County shall deliver possession of the Property to HFH vacant and in the
same or better condition that existed at the Effective Date hereof.
(c) If County is obligated to discharge any encumbrances at or prior to Closing and fails
to do so, HFH may use a portion of Purchase Price funds to satisfy the encumbrances.
(d) The County and HFH shall each deliver to the other such other documents or
instruments as may reasonably be required to close this transaction.
6.2 Taxes. All taxes upon the property on or prior to the Closing Date (except current
taxes which are not yet due and payable) shall be paid by the County.
7. Closinq Costs; Expenses. HFH shall be responsible for preparation of all Closing
documents.
7.0 All costs and premiums for the title insurance and policy shall be shared equally by
the parties.
7.1 HFH shall pay the following expenses at Closing:
7.1.1 The cost of recording the County Deed and any release or satisfaction
obtained by County pursuant to this Agreement.
7.1.2 Documentary Stamps required to be affixed to the County Deed.
7.1.3 Current taxes which are not yet due and payable.
7.2 County shall pay the following expenses at or prior to Closing:
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7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the
permitted exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
8. Miscellaneous.
8.1 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.
8.2 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or oral,
between the County and HFH 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.
8.3 Assignment and Binding Effect. Neither HFH nor County 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.
8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by
certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile
transmission, as follows:
If to HFH: Indian River County Habitat for Humanity, Inc.
Attention Trevor J. Loomis
4568 North US Highway 1
Vero Beach, A 32967
If to County: Indian River County Attorney's Office
1801 27th Street
Vero Beach, FL. 32960
Phone: 772-226-1426 Fax: 772-569-4317
bdebraal@ircgov.com
Either party may change the information above by giving written notice of such change as
provided in this paragraph.
8.5 Survival and Benefit. Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith, shall
survive the Closing Date and the consummation of the transaction provided for herein.
The covenants, agreements and undertakings of each of the parties hereto are made
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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.
8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees, costs, and expenses.
8.7. Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall constitute an original.
8.8. County Approval Required. This Agreement is subject to approval by the Indian
River County Board of County Commissioners as set forth in paragraph 2.
8.9 Affordable Housing Requirement. HFH (or successor developer) may not use the
property for any purpose other than for the construction of affordable housing for
homebuyers who meet the requirements of HFH's homeownership program. The
restriction shall only apply to the first sale by of each lot by HFH or successor developer.
This provision shall survive closing.
8.10 American Recovery Plan Act (ARPA) Funds. The County is currently holding
$500,000 (five hundred thousand dollars) in ARPA funds earmarked for assistance in
construction of this project. Within a reasonable time after closing, HFH shall comply with
the Indian River County American Rescue Plan Agreement attached to this Agreement as
Exhibit "B" and incorporated by reference herein. Upon receipt of qualifying invoices from
HFH, the County will reimburse HFH in accordance with the ARPA as described in the
attached U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award
Terms and Conditions. HFH acknowledges that completion of the project must occur
before December 31, 2026 to satisfy ARPA funding requirements. HFH shall follow all
ARPA requirements in the expenditure of the ARPA funds. This paragraph shall survive
closing of the transaction.
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
the date first set forth above.
INDIAN RIVER COUNTY HABITAT
FOR HUM Y, INC.
By:
Tr o oomis, President
Date Signed by Buyer: o Ze2.1--i
Attest: Ryan L. Butler, Clerk of Court
and Comptroller
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INDIAN RIVER COU=&klic'�
BOARaOF COUK, CiONEO
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n Adams, Chai
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Date BCC Approved: .Tam, 9. 2024
Approved as to form and legal
sufficiency.
r - �Q �j,
William K. DeBraal, County Attorney
EXHIBIT "A"
4730 40th Avenue, Vero Beach, FL 32967
Full Legal Description:
Legal Description: IN TOWNSHIP 32, RANGE 39E, FROM SW COR OF SEC 22, RUN S
89 DEG 59 M - IN 30 SEC E, 935.5 FT, N 00 DEG 43 MIN 35 SEC W, 1585.12 FT;
TH N 89 DEG 58 MIN, 31 SEC E, 60.0 FT TO POB, TH N 00 DEG 43 - MIN 35 SEC W,
210.0 FT; TH E 630.0 FT, TH S 00 DEG 43 MIN 35 SEC E, 210.0 FT; TH, W 630.0 FT
TO POB.
Parcel ID-. 32392200000500000018.0
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Exhibit "B"
INDIAN RIVER COUNTY AMERICAN RESCUE PLAN AGREEMENT
THIS INDIAN RIVER COUNTY AMERICAN RESCUE PLAN AGREEMENT
("Agreement") is entered into as of the 9th day of January 12024 by and between Indian
River County, a political subdivision of the State of Florida, whose address is 1801 270' Street,
Vero Beach, Florida, 32960 ("Recipient"), and Indian River County Habitat for Humanity, Inc., a
non-profit organization, whose address is 4568 US Highway 1, Vero Beach, FL, 32967 (the
"Subrecipient").
RECITALS
WHEREAS, Recipient has received funds as part of the American Rescue Plan; and
WHEREAS, Recipient is required to comply with the requirements set forth in the
attached U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms
and Conditions (the "Conditions"); and
WHEREAS, Recipient is proposing to provide $500,000 to Subrecipient to be used for the
development of Gifford Gardens; and
WHEREAS, Subrecipient as part of the acceptance of this assistance agrees to comply
with the Conditions.
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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Payments. The Recipient will make a total disbursement to Subrecipient of up to $500,000
upon submittal of proof of invoices and payment to Recipient.
3. Compliance Requirements. Subrecipient agrees to comply with the U.S. Department of
the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions
attached as Exhibit "A". In addition, Subrecipient must provide Recipient all invoices,
proof of payment, proof of System for Award Management registration for all vendors, and
any other executed required Federal disclosures according to the schedule below:
Expense Period Report Deadline
October 1, 2023 through September 30, 2024 October 15, 2024
October 1, 2024 through December 31, 2024 January 15, 2024
4. Scope of Work. Subrecipient shall perform the tasks as identified and set forth in the Scope
of Work, which is attached as Exhibit `B".
Page I of 2
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this 9th
day of January , 2024.
INDIAN ER COUNTY HABITAT FOR HUMANITY, INC.
Tre r mis, President and Chief Executive Officer
Date: 32� Z
INDIAN RIVER COU Y
BOARD OF COUN CO
By: G'
Sulan"'Ad4ns. Chairman
�. T���,OA1Ml,SS••
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.`yo9• `•"9pfn.. •.oQo
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cou
Date approved: January 09 , 2024." '
ATTEST: Ryan L. Butler,
Clerk of Court and Comptroller
By: %Auj��
Deputy Clerk
Approv d•
� 4-Z
JW A. I itkanich, Jr.
County Administrator
Approved as to form and legal
sufficiey. /
William K. Debraal
County Attorney
Page 2 of 2
DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
OMB Approved No. 1505-0271 Attachment A
Expiration Date: November 30, 2021
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address: DUNS Number: 079208989
Indian River County Taxpayer Identification Number: 596000674
1801 27th st Assistance Listing Number: 21.019
Vero Beach, Florida, 32960
Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the
American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the
Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms
attached hereto.
DocuSigned by:
Recipient:
Authorized Representative: Kristin Daniels
Title: Budget Director
Date signed: 5/13/2021
U.S. Department of the Treasury:
Authorized Representative:
Title:
Date:
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The
estimated burden associated with this collection of information is 15 minutes per response. Comments
concerning the accuracy of this burden estimate and suggestions for reducing this burden should be
directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500
Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency
may not conduct or sponsor, and a person is not required to respond to, a collection of information unless
it displays a valid control number assigned by OMB.
DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be
used in compliance with section 603(c) of the Social Security Act (the Act), Treasury's
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing.
b. Recipient.will determine prior to engaging in any project using this assistance that it has
the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and
ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient
may use award funds to cover eligible costs incurred during the period that begins on March
3, 2021, and ends on December 31, 2024.
3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award.
4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance
with section 603(c) of the Act, Treasury's regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic and
otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have
been expended -or returned to Treasury, whichever is later.
5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
6. Administrative Costs. Recipient may use funds provided under this award to cover both direct
and indirect costs.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of
interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
is applicable to each activity funded under this award. Recipient and subrecipients must
disclose in writing to Treasury or the pass-through entity, as appropriate, any potential
conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
9. Compliance with Applicable Law and Reprulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations
adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury
regarding the foregoing. Recipient also agrees to comply with all other applicable federal
statutes, regulations, and executive orders, and Recipient shall provide for such compliance
by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform
Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury's implementing regulation at 31 C.F.R. Part 19.
V. Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
Vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
§§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal
financial assistance;
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DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601
et seq.), which prohibits discrimination in housing on the basis of race, color,
religion, national origin, sex, familial status, or disability;
M. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
10. Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act, other
applicable laws, Treasury's implementing regulations, guidance, or any reporting or other
program requirements, Treasury may impose additional conditions on the receipt of a
subsequent tranche of future award funds, if any, or take other available remedies as set
forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the
use of funds, previous payments shall be subject to recoupment as provided in section 603(e)
of the Act.
11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5
U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity
financed in whole or in part by this federal assistance.
12. False Statements. Recipient understands that making false statements or claims in connection
with this award is a violation of federal law and may result in criminal; civil, or administrative
sanctions, including fines, imprisonment, civil damages and penalties, debarment from
participating in federal awards or contracts, and/or any other remedy available by law.
13. Publications. Any publications produced with funds from this award must display the
following language: 'This project [is being] [was] supported, in whole or in part, by federal
award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department
of the Treasury."
14. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (2) that are
determined by the Treasury Office of Inspector General to have been misused; or (3)
that are determined by Treasury to be subject to a repayment obligation pursuant to
section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt
to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
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DocuSign Envelope ID: 92700328-CA93-46FB-A33E-35E863E9820E
Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's
initial written demand for payment, unless other satisfactory arrangements have been
made or if the Recipient knowingly or improperly retains funds that are a debt as
defined in paragraph 14(a). Treasury will take any actions available to it to collect such
a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient
or third persons for the actions of Recipient or third persons resulting in death, bodily
injury, property damages, or any other losses resulting in any way from the
performance of this award or any other losses resulting in any way from the
performance of this award or any contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency
relationship between the United States and Recipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or
entities provided below, information that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal
contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
V. An authorized official of the Department of Justice or other law enforcement
agency;
vi: A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-
job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and Recipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of January 9, 2024, by and between the Seller, Indian River
County, ("County"), a political subdivision of the State of Florida, whose address is 1801
27th Street, Vero Beach, FL 32960; and the Buyer, Indian River County Habitat for
Humanity, Inc., a Florida not for profit corporation, ("HFH"), whose address is 4568 North
US Highway 1, Vero Beach, FL 32967.
WHEREAS, the County is the owner of real property located at 4730 40th Avenue,
Vero Beach, FL 32967, commonly known as the Gifford Gardens parcel; and
WHEREAS, HFH is a not for profit corporation organized for the purposes of
providing affordable housing to working families of Indian River County and thereby
promotes community interest and welfare for the citizens of Indian River County; and
WHEREAS, in February 2020, the County's Affordable Housing Advisory Committee
(AHAC) recommended that the County purchase the Gifford Gardens parcel to be used for
construction of affordable housing. The County purchased the 3.3 acre, RM 10 zoned
property for $10,000 on February 25, 2020; and
WHEREAS, HFH is in the final stages of planning construction of an affordable
housing subdivision on the Gifford Gardens parcel, and has approached the County with
an offer to purchase the entire property; and
WHEREAS, the Gifford Gardens parcel is not needed for County purposes and HFH
desires to use the parcel to continue to promote community interest and welfare, and
WHEREAS, the Board of County Commissioners of Indian River County has
adopted a resolution approving this sale of county owned property pursuant to Section
125.38, Florida Statutes (2023),
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter recited, the County and HFH agree as follows:
1. Agreement to Purchase and Sell. The County hereby agrees to sell to HFH, and
HFH hereby agrees to purchase from County, upon the terms and conditions set forth in
this Agreement, that certain parcel of real property located at 4730 40th Avenue, Vero
Beach, FL 32967 and more specifically described on Exhibit "A" attached hereto and
incorporated by reference, containing approximately 3.3 acres, and all improvements
thereon, together with all easements, rights and uses now or hereafter belonging thereto
(collectively, the "Property").
2. Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Property shall be ten dollars 10.00. The Purchase Price shall be paid on the Closing
Date. The Effective Date of this Agreement shall be the date upon which the County
approves the execution of this Agreement, either by approval by the Indian River County
Board of County Commissioners at a formal meeting of such Board or by the County
Administrator pursuant to his delegated authority.
3. Title. County shall convey marketable title to the Property by County Deed free of
claims, liens, easements and encumbrances of record or known to County; but subject to
property taxes for the year of Closing and covenants, restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing; and (b) none of the foregoing prevents Buyer's intended use and development
of the Property ("Permitted Exceptions"). HFH shall have 28 days from the date of this
agreement as its due diligence period during which time habitat may go onto the property
to inspect, test, survey or perform any other act which they deem appropriate in order to
determine the property's suitability for the intended use. HFH shall advise the County of
any issues that might affect suitability the parties shall make a good -faith effort to resolve
the issue prior to closing, termination, or agreement to extend the closing in order to
resolve the issue.
4. Representations of the County.
4.1 County is indefeasibly seized of marketable, fee simple title to the Property, and is
the sole owner of and has good right, title, and authority to convey and transfer the
Property which is the subject matter of this Agreement, free and clear of all liens and
encumbrances.
4.2 From and after the Effective Date of this Agreement, County shall take no action
which would impair or otherwise affect title to any portion of the Property, and shall record
no documents in the Public Records which would affect title to the Property, without the
prior written consent of HFH.
4.3 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.
5. Default.
5.1 In the event HFH shall fail to perform any of its obligations hereunder, the County
shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to HFH at or prior to the Closing Date; or (ii) waive the Buyer's default and
proceed to Closing. Neither the County nor any other person or party shall have any claim
for specific performance, damages, or otherwise against HFH.
5.2 In the event the County shall fail to perform any of its obligations hereunder, HFH
shall, at its sole option, be entitled to terminate this Agreement by written notice delivered
-2-
to the County at or prior to the Closing Date or (ii) waive the County's default and proceed
to Closing. Thereupon neither HFH nor any other person or party shall have any claim for
specific performance, damages or otherwise against the County.
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 30 days following the Effective Date of this Agreement. The parties
agree that the Closing shall be as follows:
(a) The County shall execute and deliver to HFH a County Deed conveying marketable
title to the Property, free and clear of all liens and encumbrances and in the condition
required by paragraph 3.
(b) The County shall have removed all of its personal property and equipment from the
Property and the County shall deliver possession of the Property to HFH vacant and in the
same or better condition that existed at the Effective Date hereof.
(c) If County is obligated to discharge any encumbrances at or prior to Closing and fails
to do so, HFH may use a portion of Purchase Price funds to satisfy the encumbrances.
(d) The County and HFH shall each deliver to the other such other documents or
instruments as may reasonably be required to close this transaction.
6.2 Taxes. All taxes upon the property on or prior to the Closing Date (except current
taxes which are not yet due and payable) shall be paid by the County.
7. Closing Costs; Expenses. HFH shall be responsible for preparation of all Closing
documents.
7.0 All costs and premiums for the title insurance and policy shall be shared equally by
the parties.
7.1 HFH shall pay the following expenses at Closing:
7.1.1 The cost of recording the County Deed and any release or satisfaction
obtained by County pursuant to this Agreement.
7.1.2 Documentary Stamps required to be affixed to the County Deed.
7.1.3 Current taxes which are not yet due and payable.
7.2 County shall pay the following expenses at or prior to Closing:
-3-
7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the
permitted exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
8. Miscellaneous.
8.1 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.
8.2 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or oral,
between the County and HFH 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.
8.3 Assignment and Binding Effect. Neither HFH nor County 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.
8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by
certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile
transmission, as follows:
If to HFH: Indian River County Habitat for Humanity, Inc.
Attention Trevor J. Loomis
4568 North US Highway 1
Vero Beach, FI 32967
If to County: Indian River County Attorney's Office
1801 27th Street
Vero Beach, FL. 32960
Phone: 772-226-1426 Fax: 772-569-4317
bdebraal@ircgov.com
Either party may change the information above by giving written notice of such change as
provided in this paragraph.
8.5 Survival and Benefit. Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith, shall
survive the Closing Date and the consummation of the transaction provided for herein.
The covenants, agreements and undertakings of each of the parties hereto are made
-4-
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.
8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees, costs, and expenses.
8.7. Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall constitute an original.
8.8. County Approval Required. This Agreement is subject to approval by the Indian
River County Board of County Commissioners as set forth in paragraph 2.
8.9 Affordable Housing Requirement. HFH (or successor developer) may not use the
property for any purpose other than for the construction of affordable housing for
homebuyers who meet the requirements of HFH's homeownership program. The
restriction shall only apply to the first sale by of each lot by HFH or successor developer.
This provision shall survive closing.
8.10 American Recovery Plan Act (ARPA) Funds. The County is currently holding
$500,000 (five hundred thousand dollars) in ARPA funds earmarked for assistance in
construction of this project. Within a reasonable time after closing, HFH shall comply with
the Indian River County American Rescue Plan Agreement attached to this Agreement as
Exhibit "B" and incorporated by reference herein. Upon receipt of qualifying invoices from
HFH, the County will reimburse HFH in accordance with the ARPA as described in the
attached U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award
Terms and Conditions. HFH acknowledges that completion of the project must occur
before December 31, 2026 to satisfy ARPA funding requirements. HFH shall follow all
ARPA requirements in the expenditure of the ARPA funds. This paragraph shall survive
closing of the transaction.
SIGNATURE PAGE TO FOLLOW
-s-
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
the date first set forth above.
INDIAN RIVER COUNTY HABITAT
FOR HUM Y, INC.
By:
Tr o oomis, President
Date Signed by Buyer:
Attest: Ryan L. Butler, Clerk of Court
and Comptroller
-6-
INDIAN RIVER COU F1 p�!(` /"� ;•••.,
BOA OF COU C -XNE
By:
n Adams, Chairma.�-.
R Co
Date BCC Approved: a _ �4-
Approved as to form and legal
sufficiency.
�-- � ,
William K. DeBraal, County Attorney
EXHIBIT -A"
4730 40th Avenue, Vero Beach, FL 32967
Full Legal Description:
Legal Description: IN TOWNSHIP 32, RANGE 39E, FROM SW COR OF SEC 22, RUN S
89 DEG 59 M - IN 30 SEC E, 935.5 FT, N 00 DEG 43 MIN 35 SEC W, 1585.12 FT;
TH N 89 DEG 58 MIN, 31 SEC E, 60.0 FT TO POB, TH N 00 DEG 43 - MIN 35 SEC W,
210.0 FT; TH E 630.0 FT, TH S 00 DEG 43 MIN 35 SEC E, 210.0 FT; TH, W 630.0 FT
TO POB.
Parcel ID-. 32392200000500000018.0
-7-
Exhibit "B"
INDIAN RIVER COUNTY AMERICAN RESCUE PLAN AGREEMENT
THIS INDIAN RIVER COUNTY AMERICAN RESCUE PLAN AGREEMENT
("Agreement") is entered into as of the 9th day of January , 2024 by and between Indian
River County, a political subdivision of the State of Florida, whose address is 1801 27th Street,
Vero Beach, Florida, 32960 ("Recipient"), and Indian River County Habitat for Humanity, Inc., a
non-profit organization, whose address is 4568 US Highway 1, Vero Beach, FL, 32967 (the
"Subrecipient").
RECITALS
WHEREAS, Recipient has received funds as part of the American Rescue Plan; and
WHEREAS, Recipient is required to comply with the requirements set forth in the
attached U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms
and Conditions (the "Conditions"); and
WHEREAS, Recipient is proposing to provide $500,000 to Subrecipient to be used for the
development of Gifford Gardens; and
WHEREAS, Subrecipient as part of the acceptance of this assistance agrees to comply
with the Conditions.
NOW THEREFORE, in consideration of the mutual undertakings herein and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties
agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Payments, The Recipient will make a total disbursement to Subrecipient of up to50$ 0,000
upon submittal of proof of invoices and payment to Recipient.
Compliance Requirements. Subrecipient agrees to comply with the U.S. Department of
the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions
attached as Exhibit "A". In addition, Subrecipient must provide Recipient all invoices,
proof of payment, proof of System for Award Management registration for all vendors, and
any other executed required Federal disclosures according to the schedule below:
Expense Period Report Deadline
October 1, 2023 through September 30, 2024 October 15, 2024
October 1, 2024 through December 31, 2024 January 15, 2024
4. Scope of Work. Subrecipient shall perform the tasks as identified and set forth in the Scope
of Work, which is attached as Exhibit `B".
Page I of 2
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this 9th
day of January 32024.
INDIAN ER COUNTY HABITAT FOR HUMANITY, INC.
Tre4Qr mis, President and Chief Executive Officer
Date: 3?� Z
INDIAN RIVER COUNTY
BOARD OF COUNTJY CON
OA----
ns, Chairman
.,,�y CORtMiss••
:n
R coiliaj�
Date approved: January 09 2024 ....
ATTEST: Ryan L. Butler,
Clerk of Court and Comptroller
By: %A-uj��
Deputy Clerk
Approv d• 14Z
J A. Titk 'ch, Jr.
County Administrator
Approved as to form and legal
sufficien j/ 11")4 /1�1
William K. Debraal
County Attorney
Page 2 of 2
DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
OMB Approved No. 1505-0271 Attachment A
Expiration Date: November 30, 2021
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address: DUNS Number: 079208989
Indian River County Taxpayer Identification Number: 596000674
1801 27th st Assistance Listing Number: 21.019
Vero Beach, Florida, 32960
Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the
American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the
Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms
attached hereto.
DocuSigned by:
Recipient:
Authorized Representative: Kristin Daniels
Title: Budget Director
Date signed: 5/13/2021
U.S. Department of the Treasury:
Authorized Representative:
Title:
Date:
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The
estimated burden associated with this collection of information is 15 minutes per response. Comments
concerning the accuracy of this burden estimate and suggestions for reducing this burden should be
directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500
Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency
may not conduct or sponsor, and a person is not required to respond to, a collection of information unless
it displays a valid control number assigned by OMB.
DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be
used in compliance with section 603(c) of the Social Security Act (the Act), Treasury's
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing.
b. Recipient.will determine prior to engaging in any project using this assistance that it has
the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and
ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient
may use award funds to cover eligible costs incurred during the period that begins on March
3, 2021, and ends on December 31, 2024.
3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award.
4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance
with section 603(c) of the Act, Treasury's regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic and
otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have
been expended -or returned to Treasury, whichever is later.
5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
6. Administrative Costs. Recipient may use funds provided under this award to cover both direct
and indirect costs.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of
interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
is applicable to each activity funded under this award. Recipient and subrecipients must
disclose in writing to Treasury or the pass-through entity, as appropriate, any potential
conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
2
DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
9. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations
adopted by Treasury pursuant to section 603(1) of the Act, and guidance issued by Treasury
regarding the foregoing. Recipient also agrees to comply with all other applicable federal
statutes, regulations, and executive orders, and Recipient shall provide for such compliance
by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform
Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury's implementing regulation at 31 C.F.R. Part 19.
V. Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
§§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal
financial assistance;
3
DocuSign Envelope ID: 927D0328-CA9346FB-A33E-35E863E9820E
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601
et seq.), which prohibits discrimination in housing on the basis of race, color,
religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
10. Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act, other
applicable laws, Treasury's implementing regulations, guidance, or any reporting or other
program requirements, Treasury may impose additional conditions on the receipt of a
subsequent tranche of future award funds, if any, or take other available remedies as set
forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the
use of funds, previous payments shall be subject to recoupment as provided in section 603(e)
of the Act.
11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5
U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity
financed in whole or in part by this federal assistance.
12. False Statements. Recipient understands that making false statements or claims in connection
with this award is a violation of federal law and may result in criminal, civil, or administrative
sanctions, including fines, imprisonment, civil damages and penalties, debarment from
participating in federal awards or contracts, and/or any other remedy available by law.
13. Publications. Any publications produced with funds from this award must display the
following language: "This project [is being] [was] supported, in whole or in part, by federal
award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department
of the Treasury."
14. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (2) that are
determined by the Treasury Office of Inspector General to have been misused; or (3)
that are determined by Treasury to be subject to a repayment obligation pursuant to
section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt
to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's
initial written demand for payment, unless other satisfactory arrangements have been
made or if the Recipient knowingly or improperly retains funds that are a debt as
defined in paragraph 14(a). Treasury will take any actions available to it to collect such
a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient
or third persons for the actions of Recipient or third persons resulting in death, bodily
injury, property damages, or any other losses resulting in any way from the
performance of this award or any other losses resulting in any way from the
performance of this award or any contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency
relationship between the United States and Recipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or
entities provided below, information that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal
contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
V. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-
job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and Recipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
til
DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the
recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The
federal financial assistance may include federal grants, loans and contracts to provide assistance to the
Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal
financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's
program(s) or activity(ies) is federally assisted in the manner prescribed above.
Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
discrimination under programs and activities receiving federal financial assistance, of any person in the
United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders
such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with
Limited English Proficiency," seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency (LEP). Recipient
understands that denying a person access to its programs, services, and activities because of LEP is a form
of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable
steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have
meaningful access to its programs, services, and activities. Recipient understands and agrees that
meaningful access may entail providing language assistance services, including oral interpretation and
written translation where necessary, to ensure effective communication in the Recipient's programs,
services, and activities.
Recipient agrees to consider the need for language services for LEP persons when Recipient develops
applicable budgets and conducts programs, services, and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons, please visit httv://www.len.gov.
DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued
receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees,
and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors,
successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the
following language in every contract or agreement subject to Title VI and its regulations between the
Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and
assignees:
The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title
VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a person
on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq), as implemented by the
Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made a part of this contract (or agreement). Title VI also includes protection to persons
with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31
CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid
of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or
in the case of a subsequent transfer, the transferee, for the period during which the real property or structure
is used for a purpose for which the federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits. If any personal property is provided, this assurance obligates
the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation,
litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient
shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all
such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient
also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
agreements between the Recipient and the administrative agency that made the finding. If the Recipient
settles a case or matter alleging such discrimination, the Recipient must provide documentation of the
settlement. If Recipient has not been the subject of any court or administrative agency finding of
discrimination, please so state.
10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for
ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this
document State agencies that make sub -awards must have in place standard grant assurances and review
procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub -
recipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the United States
may take in order to address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the
Recipient's obligations as herein described, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the Recipient is in compliance with the aforementioned
nondiscrimination requirements.
Indian River County 5/13/2021
Recipient Date
CDocuSigned by: � j
LQ VAIA WS
i��75 �il5A2421...
Signature of Authorized Official
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with
this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions
for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500
Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.
3
Bill Debraal
Subject: FW: Gifford Gardens Funding
From: Trevor Loomis <tloomis@irchabitat.org>
Sent: Thursday, January 4, 2024 11:54 AM
To: Chris Balter <cbalter@indianriver.gov>
Subject: Gifford Gardens Funding
CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links.
Funds will be utilized for the development of a single-family subdivision of up to 14 homes on the property located at
4730 40th Ave. Use of funds will include all predevelopment work, survey, environmental, engineering, permitting,
sitework, and infrastructure construction. This will also include the purchase of materials for installation of
infrastructure, including fill dirt, concrete, sewer, road, utilities, signage, and recreation spaces.
Trevor Loomis
President and Chief Executive Officer
Indian River Habitat for Humanity
4568 N. US Hwy 1 • Vero Beach, FL 32967
Office: 772-562-9860 ext. 208 • Cell: 931-249-4942
@ircHabitat • www.ircHabitat.org
Indian River
�TIT-
Habitat for Humanity"
Prepared by and return to:
C. Douglas Vitunac, Esq.
Collins Brown Barkett, Chartered
756 Beachland Boulevard
Vero Beach, FL 32963
(772)231-4343
File Number: 07-183.230
Will Call No..
Above This Line For Recording
Warranty Deed
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
This Warranty Deed made this day of February, 2024 between Indian River County, a political subdivision
of the State of Florida, whose post office address is 1801 271h Street, Vero Beach, Florida 32960, grantor; and Indian River
County Habitat for Humanity, Inc., a Florida not for profit corporation, whose post office address is 4568 N US HWY 1,
Vero Beach, Florida 32967, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals;
and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/] 00 DOLLARS ($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 County, Florida to -wit:
Being a part of the SW 1/4 of Section 22, Township 32 South, Range 39 East, and more particularly
described as follows:
From the SW corner of Section 22, Township 32 South, Range 39 East, run South 891 59'30" East
along said South Section line a distance of 935.50 feet; thence North 01 43'35" West a distance of
1,585.12 feet to the Point of Beginning. Thence continue North 0° 43'35" West, a distance of 210.00
feet; thence East a distance of 690.00 feet; thence South 0043145" East a distance of 210.00 feet; thence
West a distance of 690.00 feet to the Point of Beginning, lying and being in Indian River County,
Florida; less and except that parcel described in Official Records Book 683, page 2829, Public Records
of Indian River County, Florida.
Parcel Number: 32392200000500000018.0
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
Subject to taxes for 2024 and subsequent years; covenants, conditions, restrictions, easements, reservations, rights of way
of recorded and limitations of record, if any, but this provision shall not operate to reimpose the same.
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 .
Pagel of 2
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
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:
nA1,7 IV niA fi
itness �� f
Printed Name.44(%
P.O. Address:
Witness
Printed Name: Kimberly Moirano
P.O. Address: 1801 2 7th Street
Vero Beach, FL. 32960
State of Florida
County of Indian River
Indian River County, a political subdivision of t}te..•.••..•��
State of Florida, • J`,� �OAtM/SSj��.,•
By. usan ams, Chairm
The foregoing instrument was acknowledged before me by means of [X] physical presence or L] online
notarization, this 7 th day of February, 2024 by Susan Adams, Chairman for Indian River County, a political subdivision
of the State of Florida, who [A is personally known or U has produced a driver's license as identification.
odV
nnns" A . NO
[Seal] Notary Public
KMIBERLYK MOIRW Print Name: K i hpLrly K- Mn i r n n n
_. WOOMMMMSHH388126 My Commission Expires: _April 9, 2027
EXPIRES: April 0, 2027
Approved as to form
And legal sufficiency
fixt';
illiam K. l5ebraal
Deputy County Attorney
Page 2 of 2
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
TT
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
American Land Title Association ALTA Settlement Statement - Combined
Adopted 05-01-2015
le No./Escrow No.: 07-183.230
rint Date & Time: 02/06/2024 3:31 PM Collins Brown Barkett, Chartered
cer/Escrow Officer: 756 Beachland Boulevard
lement Location: 756 Beachland Boulevard Vero Beach, FL 32963
Vero Beach FL 32963
Property Address: 4730 40th Avenue, Vero Beach, FL 32967
Buyer: Indian River County Habitat for Humanity, Inc., a Florida not for profit corporation
eller: Indian River County, a political subdivision of the State of Florida
Lender:
:tlement Date: February 8, 2024
,bursement Date: February 8, 2024
ditional dates per state requirements:
Copyright 2015 American Land Title Association.
All rights reserved. page 1 of 3
Seller
Description
Borrower/Buyer
Debit
Credit
Debit Credit
Financial
10.00 Contract Sales Price
10.00
Prorations/Adjustments
17.65
County taxes from 01/01/2024 to 02/08/2024
17.65
Loan Charges to
Other Loan Charges
Impounds
Title Charges & Escrow / Settlement Charges
Title Search Fee to Attorneys' Title Fund Services, LLC
50.00
Attorney's fees to Collins Brown Barkett, Chartered
2,500.00
400.00
Title Insurance to Old Republic National Title
Insurance Company/ATFS
400.00
Commission
Government Recording and Transfer Charges
Deed: $18.50 to Indian River County Clerk of Court
18.50
State tax/stamps: to Indian River County Clerk of
Court
.70
18.50
Affidavit to Indian River County Clerk of Court
Copyright 2015 American Land Title Association.
All rights reserved. page 1 of 3
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER. CLERK
Copyright 2015 American Land Title Association.
All rights reserved. Page 2 of 3
Seller
Description
Borrower/Buyer
Debit
Credit
Debit Credit
18.50
Release of Lien to Indian River County Clerk of Court
18.50
Release of Lien to Indian River County Clerk of Court
Payoff(s)
Miscellaneous
Survey ($3,825.00 POC) to Masteller, Moler & Taylor,
Inc.
Seller
Borrower/Buyer
Debit
Credit
Debit Credit
473.15
10.00
Subtotals
2,979.20 17.65
Due From Borrower
2,961.55
463.15
Due From Seller
473.15
473.15
Totals
2,979.20 2,979.20
Copyright 2015 American Land Title Association.
All rights reserved. Page 2 of 3
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER. CLERK
nowledgement
Je/I have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts and
isbursements made on my account or by me in this transaction and further certify that I have received a copy of the ALTA
ettlement Statement. We/I authorize Collins Brown Barkett, Chartered to cause the funds to be disbursed in accordance with
its statement.
ian River County Habitat for Humanity, Inc., a Florida not for profit corporation
Trevor Loomis, CEO
'ptvt MISS •.
ndia r County, ari�ical divi n of the tit�of"Florid�n `.,
,,oJ� F9s't
3y:
san A ams, Chairman
Escrow Officer
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
By:
D puty Clerk
Copyright 2015 American Land Title Association.
All rights reserved. Page 3 of 3
APPROVED AS TO FORM
AND EGA SUF ICIENC
BY
WILLIAM K. EB L
COUNTY ATTORNEY
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
NON -FOREIGN CERTIFICATION BY ENTITY TRANSFEROR
(Seller's FIRPTA Affidavit)
Transferor: Indian River County, a political subdivision of the State of Florida
Transferee: Indian River County Habitat for Humanity, Inc., a Florida not for profit corporation
Property: 4730 40th Avenue, Vero Beach, FL 32967
Closing Date: February , 2024
Before me, the undersigned authority, personally appeared the person(s) named below who, after being duly sworn, stated as
follows:
Transferor is selling that certain real property located in Indian River County, which is more particularly described as follows:
Being a part of the SW 1/4 of Section 22, Township 32 South, Range 39 East, and more particularly
described as follows:
From the SW corner of Section 22, Township 32 South, Range 39 East, run South 890 59'30" East along
said South Section line a distance of 935.50 feet; thence North 00 43135" West a distance of 1,585.12 feet to
the Point of Beginning. Thence continue North 01 43'35" West, a distance of 210.00 feet; thence East a
distance of 690.00 feet; thence South 0143'45" East a distance of 210.00 feet; thence West a distance of
690.00 feet to the Point of Beginning, lying and being in Indian River County, Florida; less and except that
parcel described in Official Records Book 683, page 2829, Public Records of Indian River County, Florida.
Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the
transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal
title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform
the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by Indian River County,
a political subdivision of the State of Florida the undersigned hereby certifies the following on behalf of Indian River County,
a political subdivision of the State of Florida:
1. Indian River County, a political subdivision of the State of Florida is not a foreign corporation, foreign partnership,
foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations);
2. Indian River County, a political subdivision of the State of Florida is not a disregarded entity as defined in § 1. 1445-
2(b)(2)(iii);
3. Indian River County's, a political subdivision of the State of Florida, U.S. employer identification number is
=4-60674 ; and
4. Indian River County's, a political subdivision of the State of Florida, office address is 1801 271 Street, Vero Beach,
Florida 32960.
Indian River County, a political subdivision of the State of Florida understands that this certification may be disclosed to the
Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or
both.
Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true,
correct, and complete, and I further declare that I have authority to sign this document on behalf of Indian River County, a political
subdivision of the State of Florida.
India ver County, oliti sub ivisjo,, '01 A
lorida � s%.
o .
BMSusan
1
State of Florida
dams, : *'
2
County of Indian River
,
The foregoing instrument was acknowledged before me by means of LJ physical presence or U online notari2a�t��/M
day of February, 2024 by Susan Adamsn, Chairman for Indian
River County, a political subdivision of the State 0
is personally known or [ 1 has produg
rise as identification.
10MBERLY K. MOIRANO
•: :*= MY COMMI3S10N / HH 988125�_
//
� rl - "o
[Seal] pPIRES pNd9.2027
Notary Public
Print Name: Kimberly K. Moirano
My Commission Expires: February, 9, 2027
APPROVED AS TO FORM
AND LEGAL FF I I NC
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
BY
WILLIAM K. DEBRAAL
COUNTY ATTORNEY
gy_
puty Clerk
❑ CORRECTED (if checked)
FILER'S name, street address, CRY or town, state or province, country. ZIP or
foreign postal code, and telephone number
Collins Brown Barkett, Chartered
756 Beachland Boulevard
Vero Beach FL 32963
(772)231-4343
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
1 Date of closing OMB No 1545-0997
02/_/2024
2 Gross proceeds 2024 Proceeds From Real
Estate Transactions
$ 10.00 Form 1099-S
FILER'S federal identification number
TRANSFEROR'S identification number
3. Address or legal description
Copy B
59-1795861
S-+ OOaOlf
4730 40th Avenue
Vero Beach FL 32967
For Transferor
This is important tax
TRANSFEROR'S Name
information and is being
Indian River County, a political subdivision of the
furnished to the Internal
State of Florida
Revenue Service It you
are required to file a
4. Transferor received or will receive property or services as
return, a negligence
Street Address (including apt. number)
part of the consideration (if checked) ,,,,,,,,,,,,,,.❑
penalty or other
1801 27" Street
sanction may be
5. it checked, transferor Is a foreign person (nonresident
imposed on you if this
City, Slate, and ZIP code
alien, foreign partnership, foreign estate, or foreign
item is required to be
trust).,,,,.,.. ❑
reported and the IRS
Vero Beach. Florida 32967
"""""""'""""""""""
determines that it has
not been reported.
Account or escrow number (see instructions)
6. Buyer's part of real estate tax
07-183.230
$ .00
Form 1099-S (keep for your records) www.irs gov/form1099s Department of the Treasury — Internal Revenue Service
Instructions for Transferor
For sales or exchanges of certain real estate, the person responsible for
closing a real estate transaction must report the real estate proceeds to
the IRS and must furnish this statement to you. To determine if you
have to report the sale or exchange of your main home on your tax
return, see the instructions for Schedule D (Form 1040). If the real
estate was not your main home, report the transaction on Form 4797,
Form 6252, and/or the Schedule D for the appropriate income tax form.
If box 4 is checked and you received or will receive like -kind property,
you must file Form 8824.
Federal mortgage subsidy. You may have to recapture (pay back) all
or part of a federal mortgage subsidy I all the following apply.
-You received a loan provided from the proceeds of a qualified
mortgage bond or you received a mortgage credit certificate.
-Your original mortgage loan was provided after 1990.
-You sold or disposed of your home at a gain during the first 9 years
after you received the federal mortgage subsidy.
-Your income for the year you sold or disposed of your home was over
a specified amount.
This will increase your tax. See Form 8828 and Pub. 523.
Transferor's taxpayer Identification number. For your protection, this
form may show only the last four digits of your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN). However, the issuer has reported your complete identification
number to the IRS.
Account number. May show an account or other unique number the
filer assigned to distinguish your account.
Box 1. Shows the date of closing.
Box 2. Shows the gross proceeds from a real estate transaction,
generally the sales price. Gross proceeds include cash and notes
payable to you, notes assumed by the transferee (buyer), and any notes
paid off at settlement. Box 2 does not include the value of other property
or services you received or will receive. See Box 4.
Box 3. Shows the address or legal description of the property
transferred.
Box 4. If marked, shows that you received or will receive services or
property (other than cash or notes) as part of the consideration for the
property transferred. The value of any services or property (other than
cash or notes) is not included in box 2.
Box 5. If checked, shows that you are a foreign person (nonresident
alien, foreign partnership, foreign estate, or foreign trust).
Box 6. Shows certain real estate tax on a residence charged to the
buyer at settlement. If you have already paid the real estate tax for the
period that includes the sale date, subtract the amount in box 6 from the
amount already paid to determine your deductible real estate tax. But if
you have already deducted the real estate tax in a prior year, generally
report this amount as income on the "Other income" line of the
appropriate income tax form. For more information, see Pub. 523, Pub.
525. and Pub. 530.
❑ VOID
FILER'S name, street address, city or town, state or province, country, ZIP or
foreign postal code, and telephone number.
Collins Brown Barkett, Chartered
756 Beachland Boulevard
Vero Beach FL 32963
(772)231-4343
FILER'S federal identification number I TRANSF ROS identification number
59-1795861 �_ 4R'000 6 74
TRANSFEROR'S Name
Indian River County, a political subdivision of the
State of Florida
Street Address (including apt. number)
1801 27th Street
City, State, and ZIP code
Vero Beach, Florida 32967
Account or escrow number (see instructions)
07-183.230
Form 1099-S www.irs.gov1form1099s
❑ CORRECTED
1 Date of dosing
02/ /2024
2 Gross proceeds
$ 10.00
3. Address or legal description
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
OMB Nc. 1545-0997
2024
Form 1099-S
4730 40th Avenue
Vero Beach FL 32967
4. Transferor •eceived or will receive properly or services as
part of the consideratioi (if checked) ............ .�❑
s. If checked, transferor is a foreign person (nonresident
alien, foreign partnership, foreign estate, or foreign
trust) .............................................
6. Buyer's part of real estate tax
$ .00
Proceeds From Real
Estate Transactions
Copy C
For Filer
For Privacy Act
and Paperwork
Reduction Act
Notice, see the
2024 General
Instructions for
Certain
Information
Returns.
Department of the Treasury — Internal Revenue Service
YOU ARE REQUIRED BY LAW to provide your correct taxpayer name and identification number for the transaction described above to Collins
Brown Barkett, Chartered
If you do not provide your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law.
UNDER PENALTIES OF PERJURY, I certify that the number shown on this statement is my correct taxpayer identification number. I acknowledge
that I have received a copy of this statement
APPROVED AS TO FORM
AND SU16;
BY
WILLIAM K. DEBRAAL
COUNTY ATTORNEY
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
l!`I n L!I
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
AFFIDAVIT FOR DISBURSEMENT
Before me, the undersigned authority, personally appeared personally appeared Susan Adams,
Chairman for Indian River County, a political subdivision of the State of Florida, ("Affiant"),
who being by me first duly sworn, on oath, depose(s) and say(s) that:
1. Indian River County, a political subdivision of the State of Florida, (as "Seller"), is the owner
of and is selling the following described property, to wit:
Being a part of the SW 1/4 of Section 22, Township 32 South, Range 39 East, and
more particularly described as follows:
From the SW corner of Section 22, Township 32 South, Range 39 East, run South
89° 59'30" East along said South Section line a distance of 935.50 feet; thence
North 0° 43'35" West a distance of 1,585.12 feet to the Point of Beginning. Thence
continue North 0° 43'35" West, a distance of 210.00 feet; thence East a distance
of 690.00 feet; thence South 0143145" East a distance of 210.00 feet; thence West
a distance of 690.00 feet to the Point of Beginning, lying and being in Indian River
County, Florida; less and except that parcel described in Official Records Book
683, page 2829, Public Records of Indian River County, Florida., ("Property")
2. Affiant certifies that from January 5, 2024 at 11:00 PM, (date of the most current title
certification) no lien, encumbrance, or other document has been filed of record which adversely
affects the title to the above described property.
3. In the event any documents which adversely affect title to the above described property are filed
of record subsequent to the date and time set forth in Paragraph 2 above, through the date and time
of recording of title to any purchasers and/or recording of any mortgages, Affiant agrees to assume
FULL LEGAL RESPONSIBILITY for satisfaction and/or removal of same.
Affiant further agrees to indemnify Collins Brown Barkett, Chartered and Old Republic
National Title Insurance Company/ATFS for any loss or damage, including court costs and
attorney's fees, arising from intervening liens or other matters which adversely affect the title to
the above described property.
5. Affiant understands that the figures set forth on the Settlement Statement relating to mortgage
payoffs (if applicable); taxes, utilities, special assessments, maintenance fees, and/or any other
charges are based on the best information available; and in the event said figures differ from the
actual figures, Affiant agrees to promptly pay all additional sums owing which are necessary to
fully satisfy said outstanding balance.
6. Affiant gives this Affidavit for the purpose of inducing Collins Brown Barkett, Chartered to
disburse, at the time of closing, any proceeds of sale, any mortgage proceeds, and/or disbursements
made in accordance with any agreements between the parties hereto.
7. "Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. This
affidavit is made under the penalties of perjury. Seller further states that he/she is familiar with
the nature of an oath and with the penalties as provided by the laws of the United States and the
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
State of Florida for falsely swearing to statements made in an instrument of this nature. Seller
further certifies that he/she has read, or heard read, the full facts of this Affidavit and understands
its context.
Further Affiant sayeth naught.
Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated
in it are true.
Indian River County, a political subdjv'
of th tate of Floridass%
By:
Sus Adams, airman
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me by means of [X] physical presence
or [J online notarization, this 7 th day of February, 2024 by Susan Adams, Chairman for Indian
River County, a political subdivision of the State of Florida, who K] is personally known or [J has
produced a driver's license as identification.
[Seal]
IOMBERLYKMoiRANO
*• *= W COMMISSION* HH 868125
: ,P°` EXPIRE8:Aprl9,2W
64,41 be.41IL4 e
01
Notary Public
Print Name: Kimberly K. Moirano
My Commission Expires: February 9, 2027
APPROVED AS TO FORM
AN%L,%EG L SUFFICI Y
BY A/
WILLIAM KYDEBRAAL
COUNTY ATTORNEY
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
SPECIAL ASSESSMENT AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared Susan Adams, Chairman for
Indian River County, a political subdivision of the State of Florida, who having been duly sworn, on
oath, depose and say that he has full knowledge of the facts contained herein and that Indian River
County, a political subdivision of the State of Florida, is/are the owner(s) of the following described
property, to wit:
Being a part of the SW 1/4 of Section 22, Township 32 South, Range 39 East, and more
particularly described as follows:
From the SW corner of Section 22, Township 32 South, Range 39 East, run South 890
59'30" East along said South Section line a distance of 935.50 feet; thence North 01
43'35" West a distance of 1,585.12 feet to the Point of Beginning. Thence continue
North 01 43135" West, a distance of 210.00 feet; thence East a distance of 690.00 feet;
thence South 0143'45" East a distance of 210.00 feet; thence West a distance of 690.00
feet to the Point of Beginning, lying and being in Indian River County, Florida; less
and except that parcel described in Official Records Book 683, page 2829, Public
Records of Indian River County, Florida.
32392200000500000018.0
Please check 1 or 2:
1. I have received Notice of Utility, Paving, Water, Special, Impact and/or Sewer
Assessment(s) with regard to the property. Please explain:
2. I have not received Notice of Utility, Paving, Water, Special Impact and/or
Sewer Assessment(s) with regard to the property.
This affidavit is given for the purpose of clearing any possible question or objection to the title
to the above referenced property and, for the purpose of inducing Collins Brown Barkett, Chartered
and Old Republic National Title Insurance Company to issue title insurance on the subject property,
with the knowledge that said title companies are relying upon the statements set forth herein. Borrower
hereby holds Collins Brown Barkett, Chartered and Old Republic National Title Insurance
Company harmless and fully indemnifies same (including but not limited to attorneys' fees, whether
suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses)
with respect to the matters set forth herein.
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated
in it are true.
Indian River County, a political subdivision
of the of FloridaVNM`issi
By.
u n dams, Chairman : 4 : g'
State of Florida •gwRlVEfiC��� 'V
County of Indian River "•"'"'
The foregoing instrument was acknowledged before me by means of [X] physical presence
or online notarization, this 7 th day of February, 2024 by Susan Adams, Chairman for Indian
River County, a political subdivision of the State of Florida, who Lx] is personally known or L] has
produced a driver's license as identification.
[Seal] Notary Public
Print Name: Kim erly K. Moirano
KIMBERLY K.MdRANO M Commission Expires: 07 i
_•'1-W*= MY COMMISSION t HH 368125 Y P Q O `f
:Y%,,- W RES. Apit 9, 2027
APPROVED AS TO FORM
ANDh7kUFFICIE CY
BY
WILLIAMK. DEBRAAL
COUNTY ATTORNEY
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
•
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
AFFIDAVIT
BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer oaths,
personally appeared Susan Adams, Chairman for Indian River County, a political subdivision, ("Affiant"), who
depose and say under penalties of perjury that:
(When used "Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits.)
1. This affidavit is made with regards to the following described property:
Being a part of the SW 1/4 of Section 22, Township 32 South, Range 39 East, and more
particularly described as follows:
From the SW corner of Section 22, Township 32 South, Range 39 East, run South 89° 59'30"
East along said South Section line a distance of 935.50 feet; thence North 01 43135" West a
distance of 1,585.12 feet to the Point of Beginning. Thence continue North 00 43'35" West, a
distance of 210.00 feet; thence East a distance of 690.00 feet; thence South 0143145" East a
distance of 210.00 feet; thence West a distance of 690.00 feet to the Point of Beginning, lying
and being in Indian River County, Florida; less and except that parcel described in Official
Records Book 683, page 2829, Public Records of Indian River County, Florida.
Affiant is the owner(s) of the real property described in item 41.
Affiant confirms that tax certificates numbered 1402, 1270 and 1246 were redeemed by Leonard Green.
Affiant purchased the property from Leonard Green in 2020.
Affiant confirms that tax certificates numbered 1137, 1093, 1052 and I 1 l 1 were redeemed by Affiant.
This affidavit is given for the purpose of clearing any possible question or objection to the title to
the above referenced property and, for the purpose of inducing Collins Brown Barkett, Chartered and Old
Republic National Title Insurance Company ("Title Insurer") to issue title insurance on the subject property,
with the knowledge that said title companies are relying upon the statements set forth herein. Affiant thereby
holds Collins Brown Barkett, Chartered and Title Insurer harmless and fully indemnifies same (including
but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court
costs and other litigation expenses) with respect to the matters set forth herein. Affiant is familiar with the
nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida
for falsely swearing to statements made in an instrument of this nature. Affiant has read, or heard read, the full
facts of this Affidavit and understands its context.
State of Florida
County of Indian River
COMM/*`
t
COUtt1�
The foregoing instrument was acknowledged before me by means of [X] physical presence or [J online
notarization, this 7 th day of February, 2024 by Susan Adams, Chairman for Indian River County, a political
subdivision of the State of Florida, who [x] is personally known or L] has produced a driver's license as identification.
[Seal] Notary Pub is
Print Name: Kim erly K. Moirano
APPROVED AS TO FOIIY Commission Expires: April 9, 2027
ANeDL FFI I N Y Attest: Ryan L. Butler, Clerk of
YCircuit Court and Comptroller
EBRAAL
COUNTY ATTORNEY BysQuAfW
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
COLLINS BROw.N BARKETT, CHARTERED
Attorneys At Law
756 Beachland Boulevard
Vero Beach, FL 32963
(772)231-4343
(7 72) 234-5213 (fax)
CLOSING AGREEMENT
The undersigned hereby authorize the law firm of COLLINS BROWN BARKETT, CHARTERED (Closing
Agent) to close the transaction, Indian River County, a political subdivision of the State of Florida, a
Corporation, (Seller); and Indian River County Habitat for Humanity, Inc., a Florida not for profit
corporation, a Corporation., (Buyer). The undersigned further acknowledge that with respect to the services of
the Closing Agent:
Closing Agent Represents the Seller. The Closing Agent represents the Seller in this transaction. If the
other party(ies) to this transaction desire legal representation, legal counsel should be procured. Any
closing fee charged to Buyer by the Closing Agent does not establish an attorney/client relationship between
Buyer and the Closing Agent.
2. Buyer Has Reviewed Title Insurance Commitment. Buyer hereby represents that Buyer has received
the Commitment for Title Insurance issued in conjunction with this transaction, and has had the opportunity
to review same prior to closing. Buyer has carefully reviewed the instrument of conveyance (i.e. Deed),
and acknowledges that Buyer is taking title to the property in the manner desired by Buyer.
Representations and Warranties:
a. Seller states that within the last 90 days, no mechaniesmen, materialsmen or laborers have provided
services which remain unpaid.
b. Seller states that within the past 90 days, there have been no improvements or repairs to the subject
property which costs thereon remain unpaid.
C. Buyer states the he/she/they have inspected the property prior to closing and accepts the subject
property in its present condition, or waives their right of inspection.
d. Buyer represents and warrants that they have not and will not execute any instrument that would
adversely affect the interest being insured prior to the recording of the closing and/or loan
documents in this closing, including but not limited to executing a Note, Mortgage, (other than the
lender in this closing transaction) or a Notice of Commencement.
4. Authorization to Closing Agent: Buyer and Seller hereby authorize Closing Agent to procure and record
all documents required to facilitate the closing of the transaction, and agree to cooperate with the Closing
Agent to correct any technical errors or deficiencies in the drafting or execution of any document executed
at closing, including loan documents, if any. In the event any documents which adversely affect title to the
property are filed of record subsequent to the effective date of the Commitment for Title Insurance, through
the date and time of recording the Deed to Buyer, Scller agrees to assume full legal responsibility for
satisfaction and/or removal of same.
Settlement Statement Closing Costs: This Firm strives to compile a precise and accurate Settlement
Statement/Closing Statement in conjunction with the closing of this transaction. However, occasionally,
certain costs and expenses are estimated on limited information available to the Closing Agent at the time
of preparing the Settlement Statement/Closing Statement, which results in settlement charges that exceed
the actual charge (i.e., costs of recording documents, cost of repairs and inspections, surveys, etc.). Due to
the administrative burden and cost of refunding monies to parties involved in the transaction, the policy of
this Firm is only to reimburse overpayments totaling more than ten dollars ($10.00). Overpayments totaling
Pagel of 3
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
ten dollars ($10.00) or less shall be applied to offset additional post closing administrative costs created by
the overpayment and remain the property of the Closing Agent.
6. Correction of Errors/Omissions: If for any reason sufficient funds are not collected at closing by the
Closing Agent to pay all persons and entities entitled to payment (including, but not limited to, the proration
or collection of real estate taxes; any collection of payoffs for outstanding mortgages, impact fees, utilities
or assessment liens; any charge for recording or re-recording fees, documentary and/or intangible tax charge
or other governmental charge; any charge for payment of insurance premiums; any charge for payment of
repairs, or inspections), the person or entity responsible for such payment shall forthwith pay the additional
funds to Closing Agent. Closing Agent may file suit against the undersigned in the applicable County or
Circuit Court to collect the funds, in which event, the undersigned will pay all costs and expenses incurred
in such suit, including a reasonable attorney's fees. Seller and Buyer agree to cooperate with the Closing
Agent to correct any technical errors or deficiencies in the drafting or execution of any document executed
at closing.
Net Proceeds: Seller(s) hereby acknowledge and understand that in the event the collected funds required
by the Buyer, and Buyer's loan proceeds, if any, are not received by this office by 11:00 a.m. E.S.T. on the
day of closing, the Closing Agent cannot guarantee available funds on that day to Seller. Although all best
efforts will be made to accommodate the parties, Closing Agent may not be able to initiate wire transfers
of Seller's proceeds on the closing date if Buyer's funds are received by Closing Agent after 11:00 a.m.
E,S.T. Due to the complicated nature of wire transfers, Buyer acknowledges that in order to positively
assure wired funds will be credited to Closing Agent's Trust Account on the day of closing, wire transfers
by Buyer transmitting required funds for closing must be initiated at least one business day prior to closing.
Real Estate Agents/Brokers: Buyer and Seller warrant and represent that there are no real estate brokers
involved in this transaction other than those addressed on the Closing/Settlement Statement, and will
indemnify and hold harmless each other and Closing Agent for claims for compensation, and any disputes
by any other person or reahor relating to, or arising from, the above -referenced transaction.
9. Real Estate Tax Calculations on Settlement Statement: Buyer and Seller understand that 2024 Real
Estate Taxes were prorated based upon the 2023 Gross Real Estate Tax figure, allowing the standard
November discount of 4%. Should either of the parties desire to re -prorate the 2024 Real Estate Taxes at
such time as the actual 2024 tax information is available (November, 2024, or subsequently), each party
hereby consents to such proration and agrees to look to the other party and to save and hold harmless the
Closing Agent. The parties further agree that if the difference is less than $100.00, or if demand for re -
proration is made later than April l of the year following closing, in either event, the agreement to re -prorate
is null and void.
10. Real Estate Tax Re -Assessment: Buyer should not rely on the amount utilized by Closing Agent in
determining the real estate tax proration as the tax amount Buyer will be obligated to pay in future years.
A change in ownership may trigger reassessment of the Property to market value.
H. Suitability of Property and Improvements: In light of the limited role of this Firm, as Closing Agent in
this transaction, to administer the closing and facilitate the issuance of title insurance, this Firm has not
made and does not make any inquiries, investigations or representations as to the (i) physical condition,
quality of construction of any improvements or the quality of materials to be or already incorporated into
any improvements; (ii) expenses, operation, maintenance, profit, rents, loss or use to which the property or
any part thereof may be or has been utilized; (iii) merchantability and fitness of the improvements ,
buildings or personal property contained therein and included in this conveyance; (iv) condition of the
property, which includes, but not limited to, latent and patent conditions, the presence or release of
hazardous or toxic wastes, substance and materials on or from the property or any adjoining property;
subsoil conditions; or storm water drainage conditions; (v) existence or condition of utilities, if any, at the
property; (vi) suitability of the property and improvements thereon for the extended use and/or development
Page 2 of 3
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RYAN L. BUTLER, CLERK
thereof under applicable law, ordinance or governmental regulation (including, but not limited to, building,
zoning and land use laws, ordinances or governmental regulation), or restrictions and covenants of public
record; and (vii) any other matter affecting or pertaining to the condition and use of the property. This
provision is no way intended to limit the representations and/or warranties extended by parties other than
the Closing Agent under law or contract in conjunction with this transaction.
12. Privacy Policy Notice: Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial
institution, directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies and
practices, such as the type of information that it collects about you and the categories of persons or entities
to whom it may be disclosed. In compliance with the GLBA, we are providing you with the disclosure
indicated in the link below, which notifies you of the privacy policies and practices of Old Republic
National Title Insurance Company(https://www.oldrepublictitle.com/privacy-policy/).
13. Voluntary Execution: Buyer and Seller have signed the closing documents, including this Closing
Agreement, freely and voluntarily intending to be bound thereby.
14. Facsimile/Electronic/Counterparts: This Agreement may be executed in any number of duplicate
originals, facsimile or electronically transmitted copies and any such duplicate original or copy shall be
deemed to constitute one and the same instrument.
15. Additional Clauses: None.
Indian River County Habitat for Humanity, Inc.,
a Florida not for profit corporation
LN
Trevor Loomis, CEO
Date:
Page 3 of 3
County, a
State of Allorida /
Sus dams, Chairman
Date: February 7,
al divip" offl.hi;yj�s
2024 0=.
. ACOUN�•,
APPROVED AS TO FORM
ANWLE AL SUFFICIE CYBYM K. 4DERAAL
COUNTY ATTORNEY
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
This instrument prepared by and return to:
C. Douglas Vitunac, Esquire
Collins Brown Barkett, Chartered
P.O. Box 64-3686
Vero Beach, Florida 32964-3686
SATISFACTION OF CLAIM OF LIEN
Know all Men By These Presents, That Indian River County, a political subdivision of the State of
Florida, the owner of a certain lien bearing the date of March 21, 2011, and recorded in the office of the Clerk of
the Circuit Court in and for the County of Indian River, State of Florida, in Official Record Book 2485, Page
2274, upon the following described real property situate, lying and being in Indian River County, State of Florida,
to -wit:
Being a part of the SW 1/4 of Section 22, Township 32 South, Range 39 East, and more
particularly described as follows:
From the SW corner of Section 22, Township 32 South, Range 39 East, run South 89°
59'30" East along said South Section line a distance of 935.50 feet; thence North 01 43'35"
West a distance of 1,585.12 feet to the Point of Beginning. Thence continue North 0143'35"
West, a distance of 210.00 feet; thence East a distance of 690.00 feet; thence South 0°43'45"
East a distance of 210.00 feet; thence West a distance of 690.00 feet to the Point of
Beginning, lying and being in Indian River County, Florida; less and except that parcel
described in Official Records Book 683, page 2829, Public Records of Indian River County,
Florida.
and is also known as 4730 401" Avenue, Vero Beach, Florida 32967.
for unlicensed contracting violation regarding the real property described above, owned by Indian River County,
a political subdivision for the State of Florida, does hereby release, for value received, its said lien upon the unit
hereinabove described, and hereby directs the Clerk of said Circuit Court to satisfy said lien of record.
In Witness Whereof, the grantor has caused these presents to be executed in its name, and its corporate
seal to be hereunto affixed, by its proper officer thereunto duly authorized, the day and year first above written.
Signed, sealed and delivered in our presence:
Witness I Narad Kimberly K. Moirano
P.O. Address: 1801 27th Street
Vero Beach, FL 32960
Witness 2 Name:]MLttZkj2,� S nti�5
P.O. Address: 1801 27th Street
Vero Reach, FL 32960
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
I \
Maim
Indian River County, a political subdivision of the
State of Florida_
APPROVED AS TO FORM
AND L AL SU FICI CY
BY
WILLIAM K. DEBRAAL
COUNTY ATTORNEY
State of Florida
County of Indian River
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
The foregoing instrument was acknowledged before me by means of [X] physical presence or [__] online
notarization, this 7 th day of February, 2024 by Susan Adams, Chairman for Indian River County, a political
subdivision of the State of Florida, who N is personally known or L] has produced a driver's license as
identification.
[Seal]
KIMBERLY K. MOIRANO
a!* W COMMISSION # HN 3UI25
',. EMPIRES: AFd 8, 2027
K-4-� 68�
Notary Public 11
Print Name: Kimh rly K. Moirano
My Commission Expires: April 9, 2027
2127578 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2485 PG: 2274, 03/23/2011 10:19 AM
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Code Enforcement Board of Indian River County
CONTRACTING CITATION
ORDER FINDING VIOLATION & UPHOLDING CITATION
IN THE MATTER OF:
BILLY L. HITCHCOX
4286 48TH AVE
VERO BEACH, FL 32967
, Respondent
Case No. 2011010095
RE: VIOLATION OF SECTION(S) 400.01(1) of the Code of Laws and Ordinances of Indian River County,
Florida.
DESCRIPTION OF SITE OF VIOLATION:
Location: 4730 40TH AV VERO BEACH
THE CODE ENFORCEMENT BOARD HAS HEARD TESTIMONY AND EXAMINED EVIDENCE AT A
HEARING HELD FEBR VARY 28, 2011, AND BASED ON THE EVIDENCE, THE CODE ENFORCEMENT BOARD
HAS ADJUDGED AS FOLLOWS:
FINDINGS OF FACT AND CONCLUSION OF LAW
1) Respondent Billy Hitchcox was duly notified of the hearing, in accordance with Section 103.08(7) of the County
Code, and was present at the February 28, 2011 Enforcement Board meeting:
2) On 1/1212011, the Respondent committed the following violation at the subject property:
- UNLICENSED CONTRACTING VIOLATION [construction of a wood fence without a required fence
contractor's license and without a required building permit]
3) The above described is a violation of the following Section of the Code of Laws and Ordinances of Indian River
County:
Code Chapter/ Section
U -CHP 400/400.01(1)
LL
LL
OZ �r
u
r
OZ �
U
v
BK: 2485 PG: 2275
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
ORDER
(Case No. 2011010095)
1. THE BOARD HEREBY ORDERS Respondent Billy L. Hitchcox to pay a civil penalty in the amount of
$500.00 for unlicensed contracting in violation of the County Code described herein, and as indicated on the Indian River
County Contracting Code Enforcement Citation No. 1101, issued by County staff on January 14, 2011.
2. PAYMENT OF FINE: Payment of any civil penalty fine described herein may be made in person at the Indian
River County Building Division Office at 1801 27th Street, Vero Beach, Florida 32960, Telephone (772) 226-1266,
Monday through Friday between 8:00 a.m. and 5:00 p.m., or by mailing a check or money order to said address, payable
to Indian River County.
3. IF RESPONDENT HAS NOT PAID the herein described fine, as applicable, within thirty days of this Order,
this Order shall be recorded in the public records and thereafter shall constitute a lien against any real or personal
property owned by the violator(s), The lien may be foreclosed upon after three months from the filing of any such lien
which remains unpaid, in accordance with the provisions of Florida Statutes Section 489.127(5)(h), as may be amended.
4. RIGHT TO APPEAL: An aggrieved party, including the local governing body, may appeal a final
administrative order of the enforcement board (or designated special master, as applicable) to the circuit court. Such
appeal shall not be a hearing "de novo," but shall be limited to appellate review of the record created before the
enforcement board or designated special master. AN APPEAL, if filed, MUST BE FILED WITHIN 30 DAYS of the
execution of this order (reference Sec. 103.08(6), County Code).
DONE AND ORDERED FEBRUARY 28, 2011, in open session at the County Commission Chambers of the County
Administration Building, 1801 27th Street, Vero Beach, Florida.
EXECUTED by the Chairman of the Indian River County Code Enforcement Board, and attested and
countersigned by the Recording Secretary of such Board this e-41 day of] , 2011._ (j
' 7
tv �'
ATTEST: Wylg,, rc
Darcy Vasil ith D. Hedin, Mairman
Recording Secretary Indian River County Code Enforcers ] d
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the above State and County
aforesaid to take acknowledgments, personally appeared Keith D. Hcdin, well ]mown to me to be Chairman of the CODE
ENFORCEMENT BOARD of Indian River County, and acknowledged executing the same under the authority vested in
him by said Board.
WITNESSED my hand and sea] this day of M Gr CA,, 2011.
DPM a vastus
* , MY WAIISSION I OD 827421
EXPIRES: Janes
�'? i'14tdi9lM� Notary Publi
BWED ALEG cf'OitNI:
Copy furnished to: Ways meat
- Respondent Board dvising Attorney
- Code Inspector BETTY BEATTY-HUNTER
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
CLOSING AFFIDAVIT
(Seller)
Before me, the undersigned authority, personally appeared Susan Adams, Chairman for Indian River County, a
political subdivision of the State of Florida, ("Affiant"), who being by me first duly sworn, on oath, depose(s)
and say(s) that:
1. Indian River County, a political subdivision of the State of Florida, ("Seller"), is the owner of and is selling
the following described property to Indian River County Habitat for Humanity, Inc., a Florida not for
profit corporation, ("Buyer"), to wit:
Being a part of the SW 1/4 of Section 22, Township 32 South, Range 39 East, and more
particularly described as follows:
From the SW corner of Section 22, Township 32 South, Range 39 East, run South 890 59130" East
along said South Section line a distance of 935.50 feet; thence North 01 43'35" West a distance of
1,585.12 feet to the Point of Beginning. Thence continue North 0° 43'35" West, a distance of
210.00 feet; thence East a distance of 690.00 feet; thence South 0°43'45" East a distance of 210.00
feet; thence West a distance of 690.00 feet to the Point of Beginning, lying and being in Indian
River County, Florida; less and except that parcel described in Official Records Book 683, page
2829, Public Records of Indian River County, Florida.
2. The above described property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature
and description of record whatsoever, except for mortgage or mortgages, if any, described in the Deed and
except for real estate and personal property taxes for the year 2024, which are not yet due and payable.
3. There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described
property for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for
repairing or improving the same, which remain unpaid since the acquisition by Seller, and that there are no
mechanic's, materialmen's, or laborer's liens since acquisition by Seller against the above described property.
4. There have been no documents recorded in the Public Records of Indian River County, Florida subsequent
to January 5, 2024, which affect title to the Property and Seller has not entered into any contracts for the sale,
disposition or leasing of the Property since said date except as may have been disclosed to Collins Brown
Barkett, Chartered in writing, and Seller has no knowledge of any matter affecting title to the Property.
5. The personal property contained in the building on said property, or on the said premises, and which, if any, is
being sold free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no
violations of Municipal or County Ordinances pertaining to the above described property. No judgment or
decree has been entered in any court in this State or the United States against said Seller which remains
unsatisfied. There are no persons other than Seller in possession of the above described property.
6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures
used in making the prorations used in closing the transfer and conveyance of the above described property to
said buyers, then a new proration and a correct and proper adjustment will be made upon demand.
7. There are no matters pending against the Seller that could give rise to a lien that would attach to the property
between the effective date of commitment and the recording of the interest to be insured. Seller has not and will
not execute any instruments that would adversely affect the interest to be insured.
8. Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and
undisturbed, and have never been disputed nor questioned.
9. There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said
property has been in compliance with the applicable building codes, ordinances and statutes.
Page 1 of 3
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in
applicable zoning laws concerning said property within the past ninety (90) days.
11. There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party,
including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments,
bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said
property.
12. The Grantee of the Tax Deed recorded at Official Record Book 2619, Page 2404, Public Records of Indian
River County, Florida was an arm's length party to any prior owner/lienholder. For at least four years, the
property taxes have not been assessed to, or paid by any former owner/lienholder. Affiant has not received any
notice of an adverse claim to the property. Neither the prior owner, nor anyone claiming by or through them,
was in possession of the property for more than one year after the issuance of the Tax Deed without an ejectment
action being filed.
13. There are no unrecorded easements, claims of easement or rights-of-way affecting all or any portion of the
property.
14. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real
property interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of
tax is not required upon purchase of the above described property, Seller certifies the following:
A. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or
foreign estate for purposes of United States federal inconle taxatiof�,
B. Seller's U.S. Taxpayer Identifica�n umb is 59 - 6� d / q
C. Seller's address is:. 1801 e2-% Vero 3��((�•
D. No other persons or entities have an ownership interest in the above described property.
Seller understands the Buyer of the described property intends to rely on the foregoing representations in
connection with the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands
this certification may be disclosed to the Internal Revenue Service by the Buyer and that any false statements
contained in this certification may be punished by fine, imprisonment or both. Seller has the authority to sign
this affidavit as either individual Seller or on behalf of an entity Seller. Under penalties of perjury, Seller states
that this declaration was carefully read and is true and correct.
15. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above
referenced property and, for the purpose of inducing Collins Brown Barkett, Chartered and Old Republic
National Title Insurance Company/ATFS to issue title insurance on the subject property, with the knowledge
that said title companies are relying upon the statements set forth herein. Seller hereby holds Collins Brown
Barkett, Chartered and Old Republic National Title Insurance Company/ATFS harmless and fully
indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and
all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein.
"Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Seller further states
that he/she is familiar with the nature of an oath and with the penalties as provided by the laws of the United
States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Seller
further certifies that he/she has read, or heard read, the full facts of this Affidavit and understands its context.
Page 2 of 3
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t*RTIFICATION ON LAST PAGE
•'%N L. BUTLER, CLERK
Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
Indian River County, a political subdivision of the
Susa Adams, Chairman
State of Florida
County of Indian River
��'L; l f,.�• .moo;'
T,q COUI�Sy.
The foregoing instrument was sworn to and subscribed before me by means of [X] physical presence or [!'6171in"'
notarization, this 7th day of February, 2024 by Susan Adams, Chairman for Indian River County, a political
subdivision of the State of Florida who U is personally known or [ ] has produced a driver's license as
identification.
[Seal] 4-a.
k'''- �YK Notary Public
tWOOMIAS310N0HN368125 PrintName: Kimberly K. Moirano
s'��'�9'2W My Commission Expires: Anr_ 1 9 2027
APPROVED AS TO FORM
AND LE AL SU F ICIE CY
BY
WILLIAM K. DEBRAAL
COUNTY ATTORNEY
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
Page 3 of 3
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
This instrument prepared by and return to:
C. Douglas Vitunac, Esquire
Collins Brown Barkett, Chartered
P.O. Box 64-3686
Vero Beach, Florida 32964-3686
SATISFACTION OF CLAIM OF LIEN
Know all Men By These Presents, That Indian River County, a political subdivision of the State of
Florida, the owner of a certain lien bearing the date of April 3, 2012, and recorded in the office of the Clerk of
the Circuit Court in and for the County of Indian River, State of Florida, in Official Record Book 2576, Page
1127, upon the following described real property situate, lying and being in Indian River County, State of Florida,
to -wit:
Being a part of the SW 1/4 of Section 22, Township 32 South, Range 39 East, and more
particularly described as follows:
From the SW corner of Section 22, Township 32 South, Range 39 East, run South 891
59'30" East along said South Section line a distance of 935.50 feet; thence North 01 43'35"
West a distance of 1,585.12 feet to the Point of Beginning. Thence continue North 01 43'35"
West, a distance of 210.00 feet; thence East a distance of 690.00 feet; thence South 0°43'45"
East a distance of 210.00 feet; thence West a distance of 690.00 feet to the Point of
Beginning, lying and being in Indian River County, Florida; less and except that parcel
described in Official Records Book 683, page 2829, Public Records of Indian River County,
Florida.
and is also known as 4730 40' Avenue, Vero Beach, Florida 32967.
for cost incurred by Indian River County, Florida to remove nuisance structures from the property described above
owned by Indian River County, a political subdivision for the State of Florida, does hereby release, for value
received, its said lien upon the unit hereinabove described, and hereby directs the Clerk of said Circuit Court to
satisfy said lien of record.
In Witness Whereof, the grantor has caused these presents to be executed in its name, and its corporate
seal to be hereunto axed, by its proper officer thereunto duly authorized, the day and year first above written.
Signed, sealed and delivered in our presence:
Indian River County, a political subdivision of the
State
Witness 1 N • Kimberly K. Moira.no
P.O. Address: 1801 27th Street
Vero Beach, FL 32960 By:,L
fitness 2 Name:�1���.L ('C• 5
P.O. Address: 1 Sol 27th S t r P P t
Vero Beach, FL 32960
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
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APPROVED AS TO FORM
AND LE SIF ICIENCY
BY
ILLIAM K. EB A
COUNTY ATTORNEY
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me by means of [X] physical presence or L] online
notarization, this? t day of February, 2024 by Susan Adams, Chairman for Indian River County, a political
subdivision of the State of Florida, who [xj is personally known or L] has produced a driver's license as
identification.
[Seal]
E
= KIMBERLY K. MOIRANO
4i EXPM. Ap19, 2827126
Notary Public
Print Name: Kimberly K. Moirano
My Commission Expires: April , 2027
2211893 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2576 PG: 1127, 05/18/2012 03:31 PM
This document was prepared by
and should be returned to:
Indian River County Attorney's Office
1801274' Street
Vero Beach, Fl. 32960
772-226.1425
LIEN
A TRUE COPY
CERTIFICATION ON LAST PAGE I
RYAN L. BUTLER, CLERK
THIS LIEN, filed the 3rd day of April, 2012, by INDIAN RIVER COUNTY, a
political subdivision of the State of Florida, pursuant to the authority of the Code of
Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by
Indian River County, Florida, to remove nuisance structures from property located within
Indian River County, and described as follows:
Being a part of the Southwest'/. of Section 22, Township 32 South,
Range 39 East, and being more particularly described as follows:
From the Southwest corner of Section 22, Township 32 South,
Range 39 East, run South 89° 59' 30" East along said South Section
line a distance of 935.50 feet; thence North 00 43' 35" West a
distance of 1,585.12 feet to the Point of Beginning; thence continue
North 00 43' 35" West, a distance of 210.00 feet; thence East a
distance of 690.00 feet; thence South 0° 43' 45" East a distance of
210.00 feet; thence West a distance of 690.00 feet to the Point of
Beginning, lying and being in Indian River County, Florida; LESS
AND EXCEPT that parcel described In Official Records Book 683, at
Page 2829, of the Public Records of Indian River County, Florida.
Parcel No. 32-39-22-00000-5000-00018.0
The name of the record owner of the above-described property is MNMB, LLC, a
Florida limited liability company (as to a fee simple interest), and A to Z Home
Management, LLC, a Florida limited liability company (as to an equitable interest),
and Oak Arbor VB, LLC (as to an equitable interest).
THIS LIEN is filed against the real property to secure the payment of Eighty -Five
Thousand Nine Hundred Ninety -Six and 741100 Dollars ($85,996.74), for the cost of
demolition and removal of the nuisance structures.
THIS LIEN shall, from the date of filing, accrue interest at the rate of five and
three-quarters percent (5.75%)�A 0,um, until the total amount, including interest, has
been paid. �±� t;...........>
A17
By:
WILLIAM K. DEBRAAL
DEPUTY COUNTY ATTORNEY
BK: 2576 PG: 1128
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF THE ORIGINAL ON FILE MI THIS OFFICE.
I—A. RYAN L. BGITW,SGLERK
, Mv-,
W
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i I .:I_
The foregoing instrument was acknowledged before me this 3rd day of April,
2012, by Gary C. Wheeler, Chairman of the Board of County Commissioners of Indian
River County, Florida, who is personally known to me.
NOTARY PUBLIC:
Signature:;]
TM MLW"M Printed name:'
�XY 1 Di I I �S !_>`Sf� r
MYCOMMISSONIEE012487 Commission No.:FCplaygr]
;� Es October 3o, Commission Expiration: oobe r 30 a01
SEAL:
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