Loading...
HomeMy WebLinkAbout2000-264ESTOPPEL CERTIFICATE To Vern Beach Broadcasters, LLC From; Board of County Commissioners Indian River County, Florida Re: That certain License dated march 17, 1992, and by and Between Indian River County, a political subdivision of the State of Florida, and pinnacle Towers, Inc. (as assignee), as amended by that certain Amendment to the License Agreement dated June 22, 1993 (collectively, the "License") Date; September 5, 2000 The Undersigned, as the grantor of the License (the "County") certifies the following: 1, The License, attached hereto and made a part hereof as Exhibit A, is in full force and effect and has not been modified, supplemented, or amended in any way. 2. To the best ofthe County's knowledge, as of the date hereof, no party to the License is in default under ilia License and no event has occurred that, with the giving of notice and/or the passage of tine, would constitute a default thereunder. 3. The County is the owner in fee sample of the property described in the License, subject only to covenants, easements, restrictions of record, liens, any state of facts that an accurate survey would show, and the license. The € ndersigned is duly authorized and empowered to execute this certificate on the County's behalf. County Attorney Approved as to Form and Legal Sufficiency J mes E. Chandler, 'aunty Administrator INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman Approved by OCC. 09=12-2000 Attest: Jeffrey I3artot4, C1crk of ircuit Court By; --�. .� r Deputy Clerl�� A. WGYL 561 SE2 4747 561 562 4747 P.002 AUG -09-2000 12:20 0 1 14: 01 407 S62 4747 FRoM Tii : At381�DM8 N'f LICENSE A[}Yi H%11T between GIIxP, I> 5ANDAD colomNICATION3 LIMITED PARTHER (horeinafter LIm"SE'E) and IN'DIM RIVER C01jr aoonora Board of county oalc (hereinaftor GPA]i TH16 AtACtvDj0NT WITNOGNTH TMTt me a ,WEREAS, on March 17, 199; the (:MnTOR and he South County T ,a"t" license agr4ement for the uoo Of certaLn land at the South County station for use as a radia tower; ai;d yFdi£REAS, LICEttS'kE row wiohea to extend the term of the Liconae and make cu'rtaL, other ciiangenl and secviceo agre..ca to thea, ehangad of Emergency the towel for upe in WiMI,yhS, the Department aca on provided Ghat the GRA1i'SOR gato afl additional sp ionsF the COunC.y'a amorgoncy cvmmunLcat NOFf, TTIr"?ORE, FOR a0 SH CcUDIDERA.TION OF TH'SE COvct1A11TS* TtiE aRRNTOR "D LIG1,NSEB RGREE R.5 yo'J'OWSs copy, o€ which is attached 1. that existing 1,1cenea dared March u 1992r +; as E),hibit "Ar" is herebyamended as follow©: term of the licoana; that is, 16 yell', The original ohall be chan5ed Go the amendment• 30 years from the date of to cent shall be ohanged as 1?acagraph bl of the Licon 2,oe relating follows: a op"TOR and the GR"TOR LICENSEE doaa hereby covenant and agree amts oun= agreed to accept as rental under this License y the following and £os sora of the Licenea than $1,20o per year for the rent:lltal ahafivllyb0 increased by not mora th© rental incroaec, whichever is each year thereafter at the $SOD per ynav or the Con'umnr PrxcA mare duo in advance= greater. The payment, for each year bjtginning Of oacl> yew It . i �#JG 09 2000 13:37 561 562 4747 PAGE. 02 4► RUG -06-2000 12:26 EJGYL 561 562 4747 $61 562 4747 P.003 ! 15 -96 14:62 TO 407 562 4747 FRs39 i"p 11NE�1rxGnIS i^c,a ....., of ti,r� l.iceslGe o3iall be amended to lncreaee Chenumberrtot 3. laar&graph 02 Opal-, et, lxrca nue a GILNN'TdR fraaa "One" t Q "two" he free antenna na necand apacddition e to be between 900 and 5©0 deet 0 epaCA tower- then ;a4I0R' e the LICBHSEE shall be x0q�irnn tile. d to P on the licenoPrOM tr3xn�xmitt6r eaclu L,p.rnvnt in the building located an gollowrxg, y, The original Liegnaex iu emended by uddLng anew paragraph, WGYL will bn hoid harmleou by ORM410 or any and all canto that may beincurred to clean or remove any toxic or. unacenFtnl'la wants that may havbeen dGpooil cd in the lan"'Ll prior to the Construction of the WGYL tower site. Similarly, WGXL holds GRAN'Ii1R e harmleaa Ecom any and all claIMB for dam,agab which may be caused to f any toxic or hax tE it by G3tWTOR' n clnan-•up oby G Gtate or pfederal at the cite, whirl' cluan-t'p is rotTuired by regulatory agenclea with juriodiction. Except for thoare changed, all other pravluionG of the LiaanGo ora Ye -adopted and shall remain in full force and effect. 7N WITi7ESs FnlT REoc, t3ixYER anis SELLER have entered into Chia addendum on io d 3 1Jg3.. day Ofu rs_ ro�Gn2'RiUNXCATa Da LIMITED li a Aelawasa x HTY yfflited r)oE)6• Ljg IGHT I , Witnnda printed name: FFA I.O RESi� t C� Jeffrey X. arton Clnrlc STATE 0i. �}OR141i IPVAN RIVER COUNWI 11115 is 10 CfRWY Iiia IRK 15 A 1Al}E ANU CORRECT COP'( Of r 114E ORIGiNAI. ON ME Itt THIS oMca, M/W cwZK $Y —A P'AF1'ThTi�Sr pilrtaerahip By: Sand b CO ITr Inc. sign a SnfFAPy,,� - printed name: G title: Cmrv.F. E'j-c,"JC (SErAL) iNAIA1i RIVER COUNTY, ELOAXOR Hoard of CO ty Con' GaLonoro By / HLrd Richard N. , Chairman (SEP..) A99rovcA Pala Ind1n W�a Ca rr i Admen tiegaf E3Jdq::i Y f J AUG 06 2000 13:39 561 562 4747 PAGE.23 40 RLIG-08-2020 12:27 WGYL S61 562 4747 561 562 4747 P.004 hPR 15 ' % A4:02 T4 407 562 4747 k:ROM VocxLP14n 1 MUES7d 1E1 1 S T -2 r5 r ' 6TME 4p VLORIQA COUNTY OF MiAA4 RIVER The £oragc�fn0 }notrur4ant Wan acknawlndi�pd (-foto rna tktiofF I993, hY C?f�C tom- i g A8111Y 'lfj fiIGT� ��II. xNC., the general partner of sA.`ME COMUNI[��3Qws X" on behalf af. aamo. st4e is crmaRaLLy }:sown to mti7 LIMITED Y'RRTdE1tSEiIPr as id.,ti.£ication and did (not) talo or who produced -------y an oath. IiOTARX PUBLIC: � . print'd namr7s�4.r4`h COMAJOnion 4 St&�FIftLIfF STATS OF FLOR%VA COUNTY OF It837IASi RI -VER this j�rAgoing i.natrurns3nt was acknowiodgad bafQro Ito day of ki ir»r 1993, by rk f the Board fi0f and yr^Fa1iE Logionera Of r€ apeutiVelyr t4® Chairman and onebohal ftof vameoTneyvare pPe Qonal"y know" if�l?IhN AjvgR COU9TY r-FLORI[1F1, to M12 and dLd not tiuko an oath. PidTARY ELIC J By ,/ printed name: /G7ll� Z C"m iaaior a AUG 08 2000 13:3B �j�r,NE M, ftl�iN }�R�.°�s�`i Eti #� uY CI7r,CASsAY�ICC YCSna tivalY �6lKakrMs++s ®cn 8777f+v 561 552 4747 pw._.E4 • • 40 f , 11ilS DCCT Zv*T I5 BUM RC-RECOil M ME TO TM LACX OF WITNTMES } 3 Y°. L Y C E.H�- E c •e•nkY n I THIS LIC€NSP. (this "License") is made this i day of -.s 1942, by and batWaen INDIAN RIVER CN'Iif OU, a political e,) su ivicion of the State of FAarida, hereinafter referred to as the .� "Grantor", and SAN DAB COKWJNICATLONS LIMX'TLO PARTNERSHIP II, a CD Delaware limited partnership, hereinafter referred to as the Cn 1 '� nLicannaaO.,. cz:) rte., m L7WKMS-1Mg1F That in consideration of the covenants and agreements herainafter made to bs kept and performed by the Licansae and upon the conditions set forth below, the Grantor does hereby grant to the LicanSea o non-exclueiva license to usa the real property situated in Indian River County, Florida, bounded end described as follows: From a point of beginning at the intersection , of the east right-of-vay line of a 160 -foot vide right-of-way for Lateral "JI Canal and the south r!ght-of-way line of a 750 -Coot vide right-of-way for the south Relief Canal of the Indian River Faroe Water Management District, said p.O.p. being in the S.E. 114 of the S.W. 1,14 of 'Section 13, Toxn6hip 13 South, Range 39 Lost, Indian River County, Florida; ,Rijn northeasterly on said mouth right-of-way line c4 the South Relief Canal C distance of Goo feet to a point; thence run soutn@asterly on a line parallel to the sant right-of-way line of Uktaral, ".71' Canal a distance of 600 feet to a point; thanco run southuestarly on a Line parallel to the south right-of-vay line of the South Relief Canal a distance of 600 feet to the intersection of the acct right-cf- way line of Lateral $13" Canal$ thence gun northwesterly on said east right-of-way ling of Lateral ".I" canal a distance of 600 feet to said P.O.H. The Grantor further grants to Licenmae an easement for ingros a and agrees to exist during the tam of this License over the following described real property, located in Indian River County, Floridat Running from the above described property to Old Dixie ]Slghway being the 30 goat lyin9 mediately southerly or the right-of-way for ,:WL/ttIV STain, wxc wa�cn +a• sr�a rte., Fj s� w C7 C-) 3 V 22-Apr•g8 4.592$ 6j ,c VIED 5T. 9: .P !A Ate,. f- the South Relief Canal as Bbove described. The Grantor reserves tha right to grant. similar easements to other parties. ' . • "•' The commencement data of the license term shall be the date the last party hereto executes this License. _`� '�'•-' w shin License 011611 be nonrevocable provided Licensee f " abides by 611 the teras of this License end shall be for a purpose: i^ and Accessory structures in accordance with all governmental agency ,. permit requir■manta and in accordance with the requirements at the r ; �• s Communications Commission, and for no other purpamao whstao+ver reserves q without the prior written consent of this Grantor. Grantor ,c VIED 5T. 9: .P the South Relief Canal as Bbove described. The Grantor reserves tha right to grant. similar easements to other parties. This License shall be for a period of sixteen (16) years. "•' The commencement data of the license term shall be the date the last party hereto executes this License. _`� '�'•-' w shin License 011611 be nonrevocable provided Licensee f " abides by 611 the teras of this License end shall be for a purpose: of constructing and using a radio broadcasting transmission tower and Accessory structures in accordance with all governmental agency ,. permit requir■manta and in accordance with the requirements at the Radio station NGVL, an FM Station licansed by the rederal Communications Commission, and for no other purpamao whstao+ver reserves without the prior written consent of this Grantor. Grantor x the right to grant other uses of the property that is the subject of this License provided, however, that said future additional uses Shall not Snterfero in any way with the use of the property by Licensee for the purposas provided in this License, x ,� The Licenses, in consideration of the grant of thiel License and other acreements herein made between Grantor and +,�'•.+ Xicansae, to be kept and performed, agrees as follows' 1, Llcensaa does hereby covenant and agree to pay Grantor, and the ®rentor agrees to accept as rental under this y ,. License the following amounts' $100.00 per month, or $1,aoo.00 per year for the ., first six years, end a `?'a $125,00 per month, or $1,500.00 per Year, for the uucceading tan years, The paymentffi for each year are due in advance at the beginning of each year. Q Gl a. Licensee further covicenanta andagrees to provide Cn .e Grantor with one free antenna space, to be utilized by the Grantor at any time for the exclusive purpose of establishing an Emergency ' Communication System, Licensae shall reserve such antenna apace .� unless this provision is released or modified by the $oard of county Comniasioners of Indian River County. Grantor shall his t issued hays and allowed free 24-hour access to the tower facilities -S if such antanna apace is utilized by Grantor. k.0 "fs ua 7. The parties hereto agree that Licensee shall take C:0 the property nu it presently exists. Licensee shall have the right 4n to make fmprovemantm to the property for the purpose of . constructing or expanding a radio antenna and accessory structures Lo a. C* f - 2 - - a''•' two 1e, era! Rex' w ,R U -Apt -tab 9:58a� C� 0 22 Rpr-98y:58ah ` as long as said structures or buildings meet all appropriate zoning, building or other governmentally imposed restrictions, All �•' jf i. costs of the construction shall be borne b'1 the Licenses. At the and of the term of this License all inprovements, with the oxception of removable parsonal property and equipment, shall become the property of the Crantor free and clear at and 4;1aLn of right of Lioaneea- ..' ":. a. Libansaa ray net assign this Lieanaa without tha prior written approval of the board of county Commissioners of Indian River county. The Crantor shall not unreasonably withhold such approval. Grantor agrees that Licensee may assign its rights nereunder to The First National Bank of Maryland as nocurity for a loan by saki Bank to Licensee, _ S. Licensee shall maintain the;a propaYty and all improvemants made thereon in an orderly, safe and functional condition. b. Licensee agva ss that in the event of at suit br"ght i on this License for ejectment or to enforce the covenants of the . agraennnt or for any default hereunder on the part of Licensee, its • succangnrs or assigns, ased should the Grantor be successful, thea '! , �'•. Li='nmae shall pay the rcaaonablo costa and eacpenaes of the Gude. w inGiuding reasonable attorney lees. .^ 7. Licenses agrees to arrange forand pay for, to F addition to the rental above aaentioned, all utility hills for activities on the pramises. a. Any failure on the part of Licensee to comply with o c any of the terga, conditions and covenants of this License shall til ron5tituta a dorault and shall make the entire amount of rant for the tsrm of this. Licenser due and payable. Grantor, its hairs and assigns, MAY prracOad to collect sums, or at the eleotion of Grantor, its heirs or assigns, any such default shall work as a a- forfeitura of this Licenne and all rights of Licensee hereunder.. (,-V Grantor shall notify Licensee in writing of such a default, and G7 _ . ~r,•, acid Licensee shall within tan (10) days of recaivi,ngnotice ramedy c:) -' said default. of the default is not remedied within raid ten (10) clays, then Licensee shall surrender said premisoo to Grantor, or =.r.'':--+ Crantor, or its heirs and assigns, shall recover yvasesoion thereof by action or forcibla entry and datainer. 9. Licensee further CtlVenanta and agrees to hold Cp Grantor harmless from and indemnify Crantor for, including the duty �r _ to defend, any claim, damages, liability or cause of action W _ whatsoever that may arise out of or result from the use of tho Q ;Y - promises by Licensee. •a 4� lV u} - rn � .r i_, •+•' izVU41C111157Ua9.�6: � ss, rth li', 1477 '- y ^� 1 , . 22 Rpr-98y:58ah 4 • t ;�f 1�J ' 10. Licensee agrees to carry, at its expense, liability «Y" insurance to protoot the interest of Grantor am wall as Licenxea .'. ngainet loan or damage by personal injury or property dAmages, and 5 agrees to carry liability insurance in the sub at not less than One Hundred Thauasnd oollara ($100,000.00) for injuries to or death of 2Z-Apr•98 t ;�f ' 10. Licensee agrees to carry, at its expense, liability insurance to protoot the interest of Grantor am wall as Licenxea .'. ngainet loan or damage by personal injury or property dAmages, and + agrees to carry liability insurance in the sub at not less than One Hundred Thauasnd oollara ($100,000.00) for injuries to or death of any one person and Three Hundred Thousand Dollars($300,000, 00) car _ injuciem to or death of any more than one parson in any one accident, and Twenty -Diva Thousand (623,00a.aa) for damage to .c - property. Said policy or policies shall be standard Owner+m, Landlord's and Tenant's policies and will include the Grantarws siah.e as co-insured, h copy of the insurance policies naming Grantor as co-insured will be dalivered to Grantor. ` 11. Licensee further agrees that Licensee, its agents, affiliates or subsidiaries or assigns, will wake no unlawfUl or improper use of the promises and will, abide by all of the health, -ys safety, zoning and other regulations as rtgu red by Indian River 'W County, the State of Florida or any other governmental authority. 12. LiCCnSS@ may install ouch aigM1a on the exterior of.'_y, the building or other -rise as are noceseary for the appropriate else r of the property: said signs to neat with the rules and ragulationr, ta' of Y'ndian River County. •tom• 11. Grantor may enter and in.apert the licensed premiere at all ranmmnnble hours. .' ..i 14. grantpr covenants and agrees that if Licensee shall pay and otherwise perform and do all the things and matters herein •'• provided for to be kept and performed by Licensee, that the Cn Licensee shall peacefully and quietly have the right to use the n F� premises for the purposes herein provided tOgethor with the a necessary right-of-way to said promises without Any hindrance by 1 t Grantor or by any other person or parrons claiming by or through 01! under Grantor.'y 1S> upon termination of thir Liesnee, Licensee shall © peacefully and quietly surrender and yield up to Granter all the rf pronisos, subject to the right or Licensee to remove only such `�: tangible personal property and fixtures as may be owned by ;� Licensee. In the event of the removal of any fixtures or tangible t: ,personal property owned by Licana®e, Licensee will repair at its expense any damage caused by the removal of Gaid fixtures and equipment. { xa. it irl mutually agreed that each and every ane of the a � covenants and agreements herein contained shall be extended to and he binding upon the respective euoaossorsl boiris, lagnl p repreaentatives and assigns of the parties harsto.'192 � �� J:w Y1[t151S TGO9.n8e 4 iT, a. tY15Yw ' 4• y•r 2Z-Apr•98 IN wITNtss, WHEREOF, the parties have hereQntQ91 at their hands and seals an the day and year first above written, In duplicate. In the prcmenct of, ImnTAN 'RIVER COUNTY. 0 ,Political subdivision at the state of Florida By e4, —A,-) Home, of Ca,ei lyn Title Ci, 7 BA24DAID CollijU111CATICONS "LIMITED limited PhRTNERSHIpf II, a Delaware rr partnership ay: sandab Com=unications, 11, Inc. ey e vit a, xtt�v Lt .41 LYT—censer STATE OF FLORIDA CGUNTy or INDIAN AIVER .10 wK The forpgoinq instrument was acknowledged beform us this "r chairman, Gn YAy (qtL day of by 1" "e2r's of IFG—aid of county C0=155 on X dO. S r n1y, ill -X`1111- � 9.7:�,m al blic e, In my commission Expiramt Pbk swo gA fkC,1 , Avgwe 14 t 9A' 16 "05511 Mo. AA Mpg CID 'J'WAAC, ,.rch 11, 1971 fi; j 40 4 0 WED ST. •j. c • - :.' STATE OF F '" CCrIR�Y-aF �ii��[141J1�G� -i The foregoing inotrumont, was acknowledged batoce ne this "%r-.-dey aP r� a.. � a97a+ Ly.$` • � - s.. ;y .c s r .r ,r-•. ; -' -3andah t or Can :i w oCommunications IS, Inas e general partner Communications Limited Partnership IT. Nrr�s : #_ 6eaMan� J i- Y - otary Pun a my co=iasion Expires: y l XPPRA4Eb Ae TO NOM AND - _ _ LEGAL SUFFICIENCY . '�•AijaAWWR Couniy -Attorney.-' 4 • L.7 rQ - Q W a •- n�• rg 2244 m 9.58a� 40 C-3 40 This instrument prepared by: ANDERSON L. BALDY, 111, ESQ- H[lLLAIND & ILNIGHT LLP POST OFFICE BOX 1289 T.'LMPA, FLORMA 33601 ASSIGNMENT AND ASSUMPTION OF LICENSE AGREEMENT This Assignment and Assumption of License Agreement (the "Assignment") is made and entered into as of the 15 day of May, 1998, by and between SANDAB COMMUNICATIONS LIBUTED PARTNERSHIP, Q, a Delaware limited partnership, whose address is 2201 Old. Court Road, Baltimore, Maryland 21208.3430 ("Assignor") and PINNACLE TOWERS INC., a Delaware corporation, whose address is 1549 Ringling Boulevard, 3rd Floor, Sarasota, Florida 34236 ("Assignee"). RECITALS: A. Assignor is the licensee of the real property described on Exhibit "A" attached hereto (the "Premises') under and pursuant to that certain License Agreement land lease described on Exhi_bit,"B". (together with all amendments thereto, the "License"); B. Assignor wishes to assign to Assignee and Assignee wishes to assume, all of Assignor's right, title, and interest in and to the License, the Premises, and all easements, rights of way, privileges, and appurtenances pertaining thereto, on the terms hereinafter set forth. NOW, THEREFORE, for and in consideration of the payment of Ten Dollars ($10.00) by Assignee to Assignor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: TERMS: 1. Recitals. The foregoing Recitals are true and correct and are hereby incorporated herein by reference. 2. ,Asaignment, Assignor hereby assigns, transfers, conveys and sells to Assignee, its successors and assigns, all right, title, and interest of Assignor in and to the License, the Premises, all improvements and property located thereon, and all easements, rights of way, privileges, and appurtenances pertaining thereto. 3. Assumption. Assignee hereby accepts this assignment and assumes all future duties, obligations, and liabilities of Assignor as lessee under the License, from and after the date hereof. 4. Successors and Assigns. This. Agreement shall be binding upon and inure to the benefit of the parties thereto and their respective successors and assigns. 40 IN WITNESS WHEREOF. the undersigned has executed this Assignment on the day and year first above written. Signed, scaled and delivered ASSIGNOR: in the presence of. SANDAB COMMUNICATION'S LIMITED PARTNERSHIP, I1. a Delaware limited partnership Na n_15 iCet AY Bee: Sandab Communications, 11, lnc., a Delaware corporation By: _7 D. Yeniour, 1�ie_' int J � ASSIGNEE: PINNACLE TOWERS INC., a Delaware corporation � Ftrne: y?r r ic. b ry Steven R. Day Vice President I 2 40 40 J STATE OF FLORIDA COL-N''TY OF The foregoing instrument was dclznowledged before me this day of flay, 1493, by Stephen D. Seymour, as President of Sandab Corrununications, ll, Inc., as general partner of Sandab Communications Limited Partnership, 11, a Delaware limited p rur rshtp, o t behalf Of / the limited partnership. He is personally known to me.has produced �{.� identification. � EME � H1 NKJR.� NGY KJBW STATE 1�l 0bWA71 kW1 Exr, r*q Printed/Typed :Name: Notary Public -State of44e�keKA Commission :Number: ;P1.0 A., L STATE OF nCk' ((SEAL) COUNTY OF -- 1� � The foregoing instrument was acknowledged before me this , fldty of May, 1998, by Steven R. Day, as Vice President of Pinnacle Towers Inc., a Delaware corporation, on behalf of the corporation. He is ets l agwLto melhas produced as identification. Sym c �)_X& Printed/Typed Name: _-',AK ti F .� {� TT Notary Public -State of Florida Commission Number:! (SEAL) TPA3.538130 ak++ uB� yWIET7 a °I N,� 401/7720 �,low F©F F" Noy, 20,2001 3 40 i From a point of Beginning at the intersection of the Sast right-of-way line of a 160. fact wide right-of-way for Lateral •J" Canal and the South right-of-way line of a 250 - fact wide right-of-way, for the South Relief Canal of the Indian River Farms water Management District, said Point of Beginning being in the Southeast 1/4 of the Southwest 1/4 of Section 13. Township 33 South, Range 39 Eaet# Indian River County, Floriday run Northeasterly on said South right-of-way line of the South Relief Canal a distance of 600 feet to a pointy thence run Southeasterly on a line parallel to the Rant right-of-way line of Lateral ■J" Canal a distance of 600 feet to a pointy thence run Southwesterly on a line parallel to the South right-of-way line of the South Relief Canal a distance of Soo feet to the intersection of the East right-of-way line of Lateral in Canal, thence run Northwesterly on said East right-of-way line of Lateral "J" Canal a distance of 600 feet to said Point of Beginning. AND The easement granted in the instrument recorded in official Records Book 930, page 2894, and rerecorded in Official Records Book 932, page 606of the Public Records for Indian River County. Florida described asr Running from the above described property to old Dixie Highway being the 30 feet lying immediately southerly of the right-of-way for the South Relief Canal as above described. L�:ll -UM-6-1 That certain License Agreement between Sandab Communications Limited Partnership, II and Indian River County, Florida, dated March 17, 1992, recorded in. Official Records Hook 934, Page 2984, and re-recorded in Official Records Book 932, Page 646, all of the public records of Indian River County, Florida.