Loading...
HomeMy WebLinkAbout2000-253do SHRT FRM. G1I Project : Sebastian creek (Form Revised 07/23/961 Parcel 4: Fischer DNR 61-40(1G) OPTION AGREEMENT FOR SALE AND PURCHASE �J THIS AGREEMENT is made this day of 2000, between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is c/o Community Development Department, 1840 25th Street, Vero Beach, Florida 32960, as "Seller" and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ("Trustees"), whose address is Florida Department of Environmental Protection, Division of State bands, 3900 Commonwealth Blvd., Mail Station 115, Tallahassee, Florida 32399-3000, as "Purchaser", Purchaser's agent in all matters shall be the Division of state Lands of the Florida Department of Environmental Protection ("DSL"). 1. GRANT OF OPTION. Seller hereby grants to Purchaser the exclusive option to purchase the real property located in Indian River County, Florida, described in Exhibit "A", together with all improvements, easements and appurtenances and riparian and littoral rights, if any (the "Property"), in accordance with the provisions of this Agreement. This Option Agreement becomes legally binding on Seller upon Seller's execution of the Agreement, but exercise of the option is subject to approval by Purchaser and is effective only if DSL gives written notice of exercise to seller. 2. OPTION TERMS. The option payment- is $100.00 ("Option Payment"). The Option Payment, in the form of a state warrant, will be forwarded to Seller upon its receipt by DSL from the Comptroller of the State of Florida. The option may be exercised during the period beginning with Purchaser's approval of this Agreement and ending 180 days after Purchaser's approval of this Agreement ("Option Expiration [late"), unless extended by other provisions of this Agreement. In the event Purchaser's funds in the amount of the Purchase Price (as hereinafter defined in paragraph 3.A.) ,are not available by the Option Expiration Date the period of exercise of the option may be extended until such funds become available, not to exceed 60 days after the Option Expiration Date, by written notice to Seller. 3.A. PURCHASE PRICE. The purchase price ("Purchase Price") for the Property is SIX HUNDRED AND FIVE THOUSAND and N0/100 Dollars ($605,000.00) which, after reduction by the amount of the Option Payment, will be paid by state warrant at closing to Seller or Seller's designated agent who meets the requirements of Section 259.041(17), Florida Statutes. The Purchase Price is subject to adjustment in accordance with paragraph 3.B. This Agreement is contingent upon approval of the Purchase Price by Purchaser and upon confirmation that the final Purchase Price is not in excess of the maximum value of the Property as determined in accordance with Section 259.041(7), Florida Statutes ("DSL Approved Value"), The determination of the final DSL Approved value and the Final Purchase Price can only be made after the completion and DSL''s approval of the survey required in paragraph 5. 08/04/00 10:381NM SHRTFRM.GH Page i M C-1 M 3.8. ADTUSTMENT OF PURCHASE PRICE. upon DSL's approval of the final survey required by paragraph 5., the DSL .hall, if necessary, return to the DSL contract appraisers for a final determination of the DSL Approved Value of the property. if the. DSL Approved Value of the Property has changed as a result of the final DSL approved survey required by paragraph 5., the Purchase Price will be adjusted to equal the final DSL Approved value of the property provided, however, in no event will the final. adjusted Purchase Price exceed $605,000, even though this amount may be less than the final DSL Approved Value of the Property. 4.A. ENVIgONMENTAL SITE ASSESSMENT. Seller shall, at his sole cost and expense and at least 15 days prior to the option Expiration Date, furnish to DST an environmental site assessment of the Property which meets the standards and requirements of DSL. It is Seller's responsibility to ensure that the environmental consultant contacts DSL regarding these standards and requirements. Seller shall use the services of a competent, [professional consultant with expertise in the environmental site assessment process to determine the existence and extent, if any, of Hazardous; Materials on the Property. For purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toric substance, material or waste of any kind or any other substance which is regulated by any Environmental Law Ras hereinafter defined in paragraph 4.B.?. The environmental site assessment shall be certified to Purchaser and the date of certification shall be within 45 days before the date of closing, unless this 45 day time period is waived by DSL. Purchaser shall reimburse Seller for 505 of the DSL approved cost of environmental site assessment, upon Seller's submission of the necessary documentation to DSL which evidences payment in full of the environmental site assessment costs by Seller. This reimbursement is contingent upon (i) a sale of the Property to Purchaser and (ii) acceptance of the environmental site assessment by DSL. In the event the environmental site assessment provided by the Seller does not meet the standards and requirements of DSL, the Purchaser may provide the environmental site assessment, at Purchaser's expense, and Seller shall reimburse Purchaser for S0% of the DSL approved cost of the environmental site assessment provided by Purchaser,. and Seller shall not be entitled to a credit or off -set for any of the cost of the original environmental site assessment provided by the Seller. The terms and conditions of this paragraph shall control over any inconsistent provisions contained in the existing Multi -Party Agreement affecting the Property. 4.8. HAZARDOUS MATERIALS. in the event that the environmental site assessment provided for in paragraph 4.A. confirms the presence of Hazardous Materials on the Property, either party, at its sole option, may elect to terminate this Agreement and neither party shall have any further obligations under this Agreement. Should neither party elect to terminate this Agreement, Seller shall, at his sole cost and expense and prior to the exercise of the option and closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials (,,Environmental Law"1. In the event that Hazardous Materials placed on the 08/04/00 10:38AM SHRTFRM.GH Page 2 do CI Property prior to closing are discovered after closing, yeller shall remain obligated hereunder, with such obligation to survive the closing and delivery and recording of the deed described in paragraph 8. of this Agreement and Purchaser's possession of the Property, to diligently i7= sue and accomplish the clean up of Hazardous Materials in a manner consistent with all applicable Environmental Laws and at Seller's sole cost and expense. The contractual limitation on Seller's contractual obligation to indemnify Purchaser and clean up the Property as specified in this paragraph 4.H. shall not be construed to limit Seller's legal liability under any Environmental Law for hazardous Materials located on the Property or to limit Purchaser's legal and equitable remedies against Seller under any Environmental Laws for Hazardous Materials located on the Property. 5. SURVEY. Seller shall, at his sole cost,and expense and not less than 30 days prior to the closing, deliver to DSL a current boundary survey of the Property prepared by a professional surveyor and mapper licensed by the state of Florida which meets the standards and requirements of DSL ("Survey"). it is Seller's responsibility to ensure that the surveyor and mapper contacts the Bureau of Survey and Mapping in DSL regarding these standards and requirements and the cost of the Survey prior to the commencement of the Survey. The Survey shall be certified to Purchaser and the title insurer and the date of certification shall be within 90 days before the date of closing, unless this 90 day time period is waived by Purchaser and by the title insurer for purposes of deleting the standard exceptions for survey matters and easements or claims of easements not shown by the public records from the owner's title policy- If the Survey shows any encroachment on the Property or that improvements intended to be located on the Property encroach on the land of others, the same shall be treated as a title defect. Purchaser shall reimburse Seller for 541- of the DSL approved cost of Survey, upon Seller', submission of the necessary documentation to DSL which evidences payment in full of the Survey costs by Seller. This reimbursement is contingent upon fit a sale of the Property to Purchaser and (ii) acceptance of the Survey by DSL's Bureau of Survey and Mapping. In the event the survey provided by the Seller does not meet the standards and requirements of DSL's Bureau of Survey and Mapping, the Purchaser may have the property surveyed, at Purchaser's expense, and Seller shall reimburse Purchaser for 50% of the DSL approved cost of Survey provided by Purchaser, and Seller shall not be entitled to a credit or off -set for any of the cost of the original survey provided by the Seller. The terms and conditions of this paragraph shall control over any inconsistent provisions contained in the existing Oulti-Party Agreement affecting the Property. 6. TITLE INSURANCE. Seller shall, at his sole cost and expense and within 45 days of Purchaser's approval of this contract, furnish to USE, a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Form "B") from a title insurance company, approved by DSL, insuring marketable title of purchaser to the Property in the amount of the final Purchase Price, seller shall require that the title insurer delete the standard exceptions of such policy referring to: Sal all taxes, (b) unrecorded rights or claims of parties in possesijion, (c) survey matters, (d) 08/04/00 10:3BAM SHRTFRM.GH Page 3 40 unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. Purchaser shall reimburse seller for that portion of the Seiler'n cost for the owner's title insurance policy which is equal to 50% of the minimum promulgated rage with applicable re -issue credit being given for prior owner's title insurance policies to the extent permitted by the Florida Insurance Commissioners' rules and regulations. Purchaser shall not be required to reimburse Seller until Seller has submitted the necessary documentation to DSL which evidences payment in full of the title insurance cost by Seller and until the final owner's title insurance policy has been received and approved by DSL. This reimbursement is contingent upon a sale of the Property to Purchaser. 7. DEFECTS IN TITLE. If the title insurance commitment or Survey furnished to Purchaser pursuant to this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller shall, within 90 days after notice from Purchaser, remove ,aid defects in title. Seller agrees to use diligent effort to correct the defects in title within the time provided therefor, including the bringing of necessary suits. If Seller is unsuccessful in removing the title defects within said time Purchaser shall have the option to either: fat accept the title as it then is with a reduction in the Purchase Price by an amount determined by DSL, (b) accept the title as it then is with no reduction in the Purchase Price, (c) extend the amount of time that Seller has to cure the defects in title, or (d) terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. If Seller fails to make a diligent effort to remove the title defects, Seller shall be in default and the provisions of paragraph 17. of this Agreement shall apply. B. INTEREST CONVEYED. At Closing, Seller shall execute and deliver to Purchaser a deed in accordance with Section 125.411, Florida Statutes, conveying marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except- for those that are acceptable encumbrances in the opinion of Purchaser and do not impair the marketability of the title to the Property. The Purchaser, by way of this Agreement, hereby petitions the Seller for the release of the mineral rights reserved by the Seller pursuant to Section 270.11, Florida Statutes. The basis: for the release is that the Purchaser requires these rights for more effective management in the preservation of the Property and the Purchaser is also governed by Section 270.1.1, Florida Statutes. 'these mineral rights are to be conveyed at closing to the Purchaser at no additional cost by deed in accordance with Section 125.111, Florida Statutes. Said deed shall contain the following reservation in favor of the Seller: The Grantor herein reserves the right of re-entry upon breach of condition as to an undivided 1/2 interest in the lands conveyed herein, which right of re- entry is an interest in real property. The right of re-entry may be enforced by the Grantor only through legal or equitable action in a court of competent jurisdiction in the event that either of the following events occur without the consent of the Grantor: 1) Sale or conveyance of an interest in all or any 08/04/00 10:38AM SHR.TFRM.GH Page 4 40 f part of the lands described in Exhibit " A" (not including leases for management purposes); or, 2) a change in the use of such lands from environmental protection, conservation and resource -related recreation purposes for which the property was acquired by the G--antee. The above stated conditions and the right of re-entry reserved by Grantor shall remain in effect for a term of 15 years from the date of recording of this instrument. The right of re-entry retained by Grantor is not assignable or transferable by Grantor, and no action or failure to act on part of the Grantor shall cause a breach of the conditions stated herein which give the Grantor the right of re- entry. The above stated conditions and reserved right of re-entry shall automatically terminate and expire 15 years after the date of recording of this instrument, and no instrument of release or termination shall be required. Grantee's ownership shall be consistent with all applicable statutory provisions in effect on the date of this deed.. 9. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this Agreement, Seller shall submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286.23, 375.031{1} and 380.08(2), Florida Statutes. Seller shall prepare the deed described in paragraph 8, of this Agreement, Purchaser's and Seller's closing statements and the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section 627.7642, Florida Statutes, and an environmental affidavit on DSL forms provided by DSL. All prepared documents shall be submitted to DSL for review and approval at least 15 days prior to the Option Expiration Date. 10. ASL REVIEW FOR CLOSING. DSL will approve or reject each item required to be provided by Seller under this Agreement within 30 days after receipt of all of the required items. Seller will have 30 days thereafter to cure and resubmit any rejected item. In the event Seller fails to timely deliver any item, or DSL rejects any item after delivery, DSL may in its discretion extend the Option Expiration Date. 11. EXPENSES. Seller will pay the documentary revenue stamp tax, if any, and all other taxes or costs associated with the conveyance, 'including the cost of recording the deed described in paragraph e. of this Agreement and any other recordable instruments which DSL deems necessary to assure good and marketable title to the Property. 12. TAXES AND ASSESSMENTS. All realestate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing. In the event Purchaser acquires fee title to the Property between January 1 and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property. In the event Purchaser acquires fee title to the Property on or after November 1, Seller shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. Q8/09j00 10:30AM SHRTFRM.GH Page 5 40 40 C�] 13. CLOSING PLACE AND DATE. The closing shall be on or before 15 days after Purchaser exercises the option: provided, however, that if a defect exists in the title to the Property, title commitment, survey, environmental site assessment, or any other document, required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 60 days after receipt of documentation curing the defects, whichever is later. The date, time and place of closing shall be set by Purchaser. 14. RISK OF LOSS AND CONDITION OF_REAL _PROPERTY. Seller assumes all risk of loss or damage to the Property prior to the date of closing and warrants that the. Property shall be transferred and conveyed to Purchaser in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seiler agrees to clean up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction of DSL prior to the exercise of the option by Purchaser. 15. RIGfiT TO ENTCR PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with this Agreement. Seller shall deliver possession of the Property to Purchaser at closing. 16. ACCESS. Seller warrants that there is legal ingress and egress for the Property over public roads, Purchaser's adjacent property or valid, recorded easements for the use and benefit of and as an appurtenance to the Property. 17. DEFLkU . If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default. in connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, Purchaser will be entitled to recover reasonable attorney's fees and costs. 18. BROKERS. Seller warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of accurately as t this Agreement or subsequent closing, except y disclosed on the disclosure statement required in paragraph 9. 19. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the appropriate county or counties. 20. ASSIGNMENT, This Agreement may not be assigned by Purchaser or Seller. 21. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 08/04/00 1.0s38AM SHRTFRM . Gf i Page 6 i • • 22. SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 23. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender :hall include all genders. 24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 25. WAIVER. Failure of Purchaser to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 26. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 27. COUNTERPAR'T'S. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 28. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 29. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. 30. SURVIVAL. The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 8. of this Agreement and Purchasers possession of the Property. THIS AGREEMENT IS INITIALLY TRANSMITTED TO T14E SELLER AS AN OFFER. If• THIS AGREEMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE August 28, 2400, THIS OFFER WILL BE VOID UNLESS THE PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT THIS OFFER. THE EXERCISE OF THIS OPTION IS SUBJECT TO: 411 APPROVAL BY THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, {21 CONFIRMATION THAT THE PURCHASE PRICE IS NOT IN EXCESS OF THE DSL APPROVED VALUE OF THE PROPERTY, AND (3) DSL APPROVAL OF ALL DOCUMENTS TO BE 08/04/00 10:30AIII SHRTFRm.GH Page 7 40 FURNISHED HEREUNDER BY SELLER. THE STATE OF FLORIDA'S PERFORMANCE A14D OBLIGATION TO PAY UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT ON SELLER UPON SELLER'S EXECUTION OF THE AGREEMENT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. (official Seal) ATTEST: Name: Clerk Witness as to Purchaser Witness as to Purchaser Approved as to Farm and Legality Sy: ' Dates I/ I, /c'0 08/04/00 10:38AM SHRTTFRM.GH SELLER INDIAN RIVER COUNTY, a political subdivision of the State of Florida % BY: ,;5���'VL_!, i i LA&f-'i Name: Fran B. Adams Chairman Date Signed by Seller PURCHASER BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: Page 8 CHIEF, BUREAU OF LAND ACQUISITION, DIVISION OF STATE LANDS, DEPARTMENT OF ENVIRONMENTAL PROTECTION, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Date signed by Purchaser 40 C-1 legal description Exhibit: A Lois 125,126,127,128 and 129 of San Sebastian Springs Unit Ill, Creek Island Recorded In the court House of Indian River County, Florida in Plat Book 13 Page 53. AND; Lots 130,131,132, 133, 134, 135. 136, 138, 139, 140, 141, 145, 146, and 147 of San Sebastian 'Springs Unit IV,. River Oaks Subdivision, Recorded in the Court House of Indian River County, Florida in Plat Book 13, Page 54. AND: All of the Northwest quarter of Section 23, Township 31 South, Range 38 East, Indian River County, Flarida, lying Wept of the Mean High Water Line of the Sebastian River and lying East of the fallowing described line: Beginning at a point on the North line of said Section 23 and lying 930.13 feet, South 89"24'25" East of the Northwest corner of said Section 23. run South 00019'311" West, 428.54 fact to a point of curvature of a curve concave Northwesterly and having a radius of 2430.00 feet; thence run Southwesterly 479.07 feet along the arc of said curve, through a central angle of 11618'36% thence South 11'38'(315' West, 355.44 feet to a point of a curvature of a curve concave Northwesterly and having a radius of 355.00 feet; thence run Southwesterly 101.96 feet along the arc of said curve, through a central angle of 16927'227; thence South 20'05'27" West, 121.83 feet to a point of curvature of a curve concave Southeasterly and having a radius of 120.001 feet: thence run 68.83 feet along the arc of sold curve, through a central angle of 32054'43': thence South 04`49'16" East, 212.81 feet to a point of curvature of a curve concave Westerly and having a radius of 255.00 feet; thence run Southerly 112.52 feet along the arc of said curve through a central angle of 25"16'57; thence South 20102741" West, 5BA3 feet to a point of curvature of a curve concave Easterly and having a radius of 220.00 feet; thence run Southerly 77.32 feet along the arc of said curve, through a central angle of 200OA'11'; thence South 00919'30" West, 378.44 feet; thence North 89°37'2.1" East, 270.00 feet; thence South 00°20'39' West, 300.00 feet to the Point of Termination of the above described line (said point lying 950.00 feet, South 89039'21' East of the West ®carter comer of aforesaid Section 23). AND; All of the Southwest Quarter of Section 14, Township 31 South, Range 38 East, Indian River County, Florida, lying West of the Mean High Water line of the Sebastian River and lying East of the following described lines: LINE 1. Beginning at a point on a non -radial carve (through which a radial line bears North 55038'31" East) on the South line of said Suction 14, lying 816.94 feat South 89924'25" East of the Southwest comer of said Section 14 on the Section Ldne; thence run Northwesterly 284.82 feet along the arc of said curve, through a central angle of 28"37'47" (said curve having a radius of 570.00 feet); thence North 05°43'42' West, 138,58 feet to a point of curvature of a curve concave Southwesterly, having 30W We Page 9 ►t #7- f. CA i 40 330.00 feet; thence run Northwesterly 188.94 feet along the arc of said curve, through a central angle of 32°4$'15" to a point of reverse curvature of a curvy concave Northeasterly, having a radius of 2.70.00 feet; thence run Norihwestorly 97.99 feet along the are of said curve, through a central angle of 20"47'42" to a point of reverse curvature of a curve concave Southwesterly, having a radius of 580.00 feet; thence run Northwesterly 250.38 feet along the are of said curve, through a central angle of 24044'07 thence North 42°28'22` West, 264.79 feet; thence North 68°04'50" East, 267 feet, more or less, to the Wast Mean High Water Line of the Sebastian River and the Point of Termination of the above described line 1. LINE 22. 'Beginning at the West Quarter comer of aforesaid Section 14, run South 00°10'49` West along said West. Section Line, 1500 feet, more or less, to the South bank of a creek, running Easterly to the Sebastian River; thence meander Easterly 250 feet, more or less, to a point which Is 1331.73 feet South and 140.84 fact East of the Point of Beginning; said point also being a point on a non -radial curve, concave Easterly, through which a radial line bears North 88051'01" East, and having a radius of 320,00 feet; thence run Southerly 124.01 feet along the aro of said curve through a central angle of 22021'53" to a point of compound curvature of a curve concave Northeasterly , having a radius of 25.00 feet thence run Southeasterly 43.96 feet along the arc of said curve, through a central angle of 10094442% thence North 55'44'26' East, 13.84 feet to a point of curvature of a curve concave' Northwesterly having a radius of 25.00 feet; thence run Northeasterly 18.69 feet along the arc of said curve, through a central angle of 42°50'00" to a point of reverse curvature of a curve concave Southerly having a radius of 50.00 feet; thence run Northeasterly 71.54 feet along the arc of said curve, through a central angle 81 *58'49'; thence north 06"4744' West, 30.00 feet; thence North 42°53'44" East, 'las foot, more or less, to the Mean High Water Line of the Sebastian River and the Point of Termination of the aforedescribed Line 2. TOGETHER WITH full rights of Ingress and egress (west gide of Sebastian Creek) for public use over that cortaln vor of Seller recorded at Records Book 0776 Page 1148 Public Recordscfsement in a Official Indian River County, Florida, AND. TOGETHER WITH full rights of Ingress and egress (east side of Sebastian Creek). A mom eocurate grad concise legal description of the property, acceptable to the Division of Stave Lands, may be required prior to closing. vage 10 �•-r'�'i �.nn�xrivrt 13ENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT FLORIDA (OTHER) STATE OF ) INDIAN COUNTY OFR����;-- Before me, the undersigned authority, personally appeared ("affiant"), this 22nd day of g �, )RULU who, first being duly sworn, deposes and says! 1) That affiant is the Chairman of the Board of Commissioners of Indian River County, a political subdivision of the State of Florida, as "" Seller" , whose address is c/o Community Development Department, 1840 25th Street, Vero Beach, Florida 32960, and in such capacity has personal knowledge of the matters set forth herein and has been duly authorized by the Seller to make this affidavit. That Seller is the record owner of the Property. As required by Section 286.23, Florida Statutes, the following is a list of every "person" (as defined in Section 2.01(3), Florida Statutes) holding 5% or more of the beneficial interest in the disclosing entity: (i€ more space is needed, i attach separate sheet) tSarne Address Interest Nan -Applicable. Seller is Indian River County, a political subdivision of the State of Florida 2) That to the hest of the affiant's knowledge, all persons who have a financial interest in this real estate transaction or who have received or will receive real estate commissions attornev"s or consultant's fees or anv other fees or other benefits incident to the sale of the Property are:. (ii non -applicable, please indicate 'None' or 'Non -Applicable') Name Address Reason for Payment Amount Non -applicable. Page 11 08/04/00 10:38AM S HR.T FRM . GH r L' 3} That, to the best of the affiant's knowledge, the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of affiant) concerning the Property which have taken place or will take place during the last five years prior to the conveyance of title to the state of Florida: (if non -applicable, please indicate 'None' or 'Non -Applicable') Name and Address Type of Amount of of Parties Involved Date Transaction Transaction Henry Anthony Fischer wWa Henry A Fischer January 2. 1997 Warranty need 5I AWOOO & San Sebastian Properties, Inc., a Florida Corp 10725 V S. 911, Scbastran FL 32956 to Indian Inver County 1940 25' Strccl Vero ©each, FL 32(MO This affidavit is given in compliance with the provisions of Sections 286.23, 375,031{1}, and 380.08(2), Florida Statutes. AND FURTHER AFFIANT SAYETH NOT. BEKEINM cH DNR 61-34(16) Revlaed 07/23/96 08/04/00 10:30A4 SHRTFRM.GH AFFIANT Name • VLOI—Rif dlPlS Chairman Page 12