HomeMy WebLinkAbout2024-249AGREEMENT TO PURCHASE
BETWEEN INDIAN RIVER COUNTY
AND
CLEGHORN SHOE CORPORATION
THIS AGREEMENT TO PURCHASE (the "Agreement") is made and entered into as of the
24 tlday of September , 2024, by and between Indian River County (the "Buyer"), and
Cleghorn Shoe Corporation, a Massachusetts corporation authorized to do business in
Florida, as the successor in interest to Miami Gardens, Inc, the owner of record (the
""Seller") who agree as follows:
WHEREAS, Seller owns the land located at 9010 87th Street, Vero Beach, Florida
32967 consisting of approximately 10.5 acres, and identified as parcel number
31382700000700000002.0 (the "Land'). A legal description of the Land is attached to this
agreement as Exhibit "A" and incorporated by reference herein; and
WHEREAS, Buyer seeks to acquire and develop the Land as a fire station and
other governmental uses (the "Intended Use") and
WHEREAS. Buyer acknowledges that, subject to the terms hereof, Buyer is
purchasing the Land in an "as is" condition, and Buyer accepts the Land in the condition
in which it exists as of the date of this Agreement.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter, the BUYER and SELLER agree as follows:
Recitals. The above recitals are affirmed as being true and correct and
incorporated herein.
2. Agreement to Purchase and Sell. Seller hereby agrees to sell to Buyer, and Buyer
hereby agrees to purchase from Seller, upon the terms and conditions set forth in this
Agreement the Land, in fee simple, together with all improvements thereon, and together
with all easements, rights and uses now or hereafter belonging thereto (collectively, the
"Property").
3. Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Property is $ 1,350,000.00 (One Million and Three Hundred and Fifty Thousand and
00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date
of this Agreement shall be the date upon which both Buyer and Seller have executed this
Agreement. If Buyer fails to execute this Agreement within thirty days(30) following the
date that Seller executes this Agreement, the Agreement will automatically terminate and
be of no further force and effect.
3.1 Deposits. Within five (5) days of the Effective Date of this Agreement, Buyer
shall deposit, and cause to be placed in an escrow account maintained by Atlantic Coastal
Title (the "Escrow Agent") the amount of Twenty -Five Thousand and 00/100 Dollars
($25,000.00) to be paid in the manner described below (the "Inspection Period Deposit").
Buyer's obligation to close the transaction in accordance with provisions of this Agreement
is contingent upon the Seller's ability to deliver good and marketable title for the Property
and to satisfy any other conditions set forth herein. Should Seller default hereunder, Buyer
shall be entitled to an immediate refund of the entire sum of the Inspection Period Deposit
held by the Escrow Agent.
3.2 An additional Fifty Thousand and 00/100 Dollars ($50,000.00) shall be
deposited with Escrow Agent within five (5) business days following the expiration
of the Inspection Period. The second deposit of Fifty Thousand and 00/100 Dollars
($50,000.00), together with the Inspection Period Deposit, shall be referred to as
the "Contract Deposit". Buyer and Seller hereby appoint Atlantic Coastal Title to act
as the Escrow Agent for the transaction contemplated by this Agreement and to
hold the Contract Deposit in escrow subject to the terms of this Agreement.
4. Title. Seller shall convey marketable title to the Property by special warranty deed
free of claims, liens, easements and encumbrances of record or known to Seller, except
for Permitted Exceptions defined in Section 4.1 below; but subject to property taxes for
the year of Closing and covenants, restrictions and public utility easements of record.
4.1 Survey. Buyer shall, at its sole expense, cause to be prepared and
delivered to Seller within forty-five (45) days after the Effective Date, or earlier if sooner
available, a survey of the Property (the "Survey"). Such Survey shall provide a legal
description and acreage computation for the Property, and shall be prepared by a land
surveyor or engineer registered and licensed in the State of Florida and approved by
Seller (such approval not to be unreasonably withheld or delayed). The Survey shall
contain a certificate addressed to Seller wherein the surveyor certifies as of a date
subsequent to the Effective Date the accurate description of the Property and that the
survey shows visible boundary lines, easements, rights-of-way, affecting the Property.
The Survey shall be subject to review and approval by Seller, which shall not be
unreasonably delayed or withheld. Once approved by Seller, the legal description of the
Property contained on the Survey shall be substituted for the legal description shown on
Exhibit "A". At Closing (as hereinafter defined), Seller will provide Buyer a credit for one
half of the cost of the Survey, not to exceed three thousand ($3,000.00) Dollars.
4.2 Buyer may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property. Buyer shall within thirty (30) days following the
Effective Date deliver written notice to Seller of title defects. Title shall be deemed
acceptable to Buyer if (a) Buyer fails to deliver notice of title defects within the time
specified, or (b) Buyer delivers notice and Seller cures the title defects within thirty (30)
days from receipt of notice from Buyer of title defects ("Curative Period"). Seller shall have
no obligation to cure the title defects. If the title defects are not cured within the Curative
Period, Buyer shall have thirty (30) days from the end of the Curative Period to elect, by
written notice to Seller, to: (i) to terminate this Agreement, whereupon the Agreement shall
be of no further force and effect, except for the provisions of Section 5.4, which shall
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survive termination of the Agreement, or (ii) accept title subject to existing defects and
proceed to closing. Any title defects not objected to by Buyer and any title defects that
are not cured by Seller or Buyer, but accepted by Buyer, shall be deemed to be "Permitted
Exceptions".
4.3 The special warranty deed shall contain language limiting the use of the Property to
the Intended Use and such language shall be deemed a Permitted Exception.
5. INSPECTIONS.
5.1 Inspections. Buyer, its agents, employees, and representatives shall have
ninety (90) days after the Effective Date to perform any and all inspections of the Land as the
Buyer deems necessary (the "Inspection Period"). During the Inspection Period, Buyer shall,
at its sole cost and expense, determine that utility services including, water, wastewater,
electric, telephone and all other utilities are available in the proper size and capacity to serve
the existing facilities and installed to the property lines. At all times during the Inspection Period,
Buyer and its agents shall be provided with reasonable access during normal business hours
to the Land for purposes of on-site inspection, upon reasonable prior Notice (a minimum of
twenty-four (24) hours) to Seller. The scope of the inspection contemplated herein shall be
determined by Buyer as deemed appropriate under the circumstances and for this Property.
This Agreement is contingent upon Buyer, at Buyer's sole cost and expense, obtaining and
accepting a Phase I Environmental Audit satisfactory to Buyer and, if deemed necessary from
the results of the Phase I Environmental Audit, and agreed to by Seller, a Phase II
Environmental Audit for which it will be granted an additional thirty (30) day extension to the
Inspection Period.
5.2 Termination. Buyer, at any time during the Inspection Period and in its sole
discretion and for any reason whatsoever, shall be entitled to terminate this Agreement. In
such event, Buyer shall provide a written cancellation notice by mail, email or facsimile to
Seller and/or Seller's counsel and receive the immediate refund of all deposit monies paid
to date. Upon such termination, the Escrow Agent shall be authorized to deliver the deposit
monies, together with any interest earned, if any, as directed by the Buyer, and the parties shall
have no further rights or obligations pursuant to this Agreement. In such event, Escrow Agent
shall be entitled to rely solely upon Buyer's instructions, and Seller shall not be entitled to
object to the disbursement of the Escrow Deposit.
5.3 Deliveries. Within five (5) days from the Effective Date, Seller shall provide Buyer
with any and all relevant information relating to the Property which is in the Seller's
possession, custody or control, including but not limited to all surveys, building plans,
topographical maps, soil borings reports, agreements, environmental reports, leases, property
tax bills, regulations and/or other governmental or quasi -governmental matters affecting the
Property. If requested by Seller, even following termination of this Agreement, Buyer shall
make available to Seller, at no cost and without any representation or warranty, copies of
all soil tests, engineering studies, environmental assessments, site elevations, surveys,
traffic studies, and other non-proprietary data, information, and materials furnished by
Buyer in connection with the zoning, platting, and site planning of the Property, unless
Buyer is contractually prevented from doing so and to the extent assignable.
5.4 Restoration. Buyer shall restore any damage to the Property caused by Buyer's
inspection of the Property. Prior to entry upon the Land by Buyer's agents and
representatives, Buyer shall provide evidence to Seller that Buyer's agents and
representatives maintain comprehensive general liability insurance, with limits of at least
one million dollars ($1,000,000) per occurrence, covering their activities on the Land and
naming Seller as an additional insured. Further, Buyer shall, to the extent allowed by law,
without waiving its sovereign immunity, indemnify, defend and hold Seller harmless from
any loss, claim, liability or cost, including without limitation, damage to the Land, injury to
or death of persons, construction liens and reasonable attorney's fees and costs caused
by or associated with Buyer's or Buyer's agent's, employee's, and representative's entry,
inspection or testing of the Land. Buyer and Buyer's agents and representatives shall not
commit waste and shall restore the Land to substantially the same condition prior to Buyer
or Buyer's agent's and representative's entry in the event this Agreement is terminated
and there is no Closing. This provision shall survive any termination under this
Agreement.
Buyer shall have no indemnification obligation or other liability for, or in connection with
any claims arising from pre-existing conditions on or under the Property, or those arising
from the presence, discovery, or disturbance of "Hazardous Substances" as such term is
defined in the Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C.'9601 et seq. and the regulations promulgated thereunder (as amended from
time to time) and shall include oil and oil waste as those terms are defined in the Clean
Water Act, 33 U.S.C. '1251 et seq. and the regulations promulgated thereunder (as
amended from time to time), the Resource, Conservation and Recovery Act, 42 U.S.C.
'6901 et seq., and any similar laws enacted in effect, each as amended from time to time
and shall include any other elements or compounds contained in the list of hazardous
substances adopted by the United States Environmental Protection Agency (the "EPA")
and the list of toxic pollutants designated by Congress or the EPA as defined by any other
Federal, State or local statute, law, ordinance, code, rule, regulation, order or decree
relating to standards of conduct concerning any toxic or dangerous waste or substance.
5.5 Confidentiality. To the extent allowed by law, Seller and Buyer hereby
covenant and agree that the terms and conditions of this Agreement, including, without
limitation, the results of any Phase I or Phase II Environmental Audit, if any, shall be treated
by Seller and Buyer as strictly confidential unless otherwise authorized in writing to disclose
the same by the other party, except that Buyer may disclose such terms and conditions
necessary in connection with any litigation or arbitration commenced in connection with the
subject matter contained herein or as required law. Such obligation shall survive the
consummation of the transaction contemplated by this Agreement.
6. Representations of the Seller.
6.1 Seller is indefeasibly seized of marketable, fee simple title to the Properties, and
4
is the sole owner of and has good right, title, and authority to convey and transfer the
Properties which is the subject matter of this Agreement, free and clear of all liens and
encumbrances.
6.2 From and after the Effective Date of this Agreement, Seller shall take no action
which would impair or otherwise affect title to the Property, and shall record no documents
in the Public Records which would affect title to the Property, without the prior written
consent of the Buyer.
6.3 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.
7. Default.
7.1 In the event Buyer shall fail to perform any of its obligations hereunder, Seller
shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to Buyer at or prior to the Closing Date and receive the Contract Deposit from
Escrow Agent, and thereupon neither Seller nor any other person or party shall have any
claim for specific performance, damages, or otherwise against Buyer; or (ii) waive Buyer's
default and proceed to Closing.
7.2 In the event Seller shall fail to perform any of its obligations hereunder, Buyer
shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to Seller at or prior to the Closing Date and receive the Contract Deposit from
Escrow Agent, and thereupon neither Buyer nor any other person or party shall have any
claim for specific performance, damages or otherwise against Seller; or (ii) obtain specific
performance of the terms and conditions hereof; or (iii) waive Seller's default and proceed
to Closing:
8. Closing.
8.1 The closing of the transaction contemplated herein ("Closing" and "Closing
Date") shall take place within sixty (60) days following the expiration of the Inspection
Period. If the Closing has not been completed on or before said date, and Seller and
Buyer have not otherwise agreed in writing to extend the Closing Date, this Agreement
shall automatically terminate. The parties agree that the Closing shall be as follows:
(a) Seller shall execute and deliver to Buyer a special warranty deed conveying
marketable title to the Properties, free and clear of all liens and encumbrances, subject
only to Permitted Exceptions, and in the condition required by paragraph 3.
(b) Intentionally deleted.
(c) If Seller is a non-resident alien or foreign entity, Seller shall deliver to Buyer an
affidavit, in a form acceptable to Buyer, certifying that Seller and any interest holders are
not subject to tax under the Foreign Investment and Real Property Tax Act of 1980.
(d) Seller and Buyer shall each deliver to the other such other documents or
instruments as may reasonably be required to close this transaction.
8.2 Taxes. All taxes and special assessments which are a lien upon the property
on or prior to the Closing Date (except current taxes which are not yet due and payable)
shall be paid by Seller.
9. Personal Property. Seller shall deliver possession of the Property to Buyer in the
same or better condition that existed at the Effective Date hereof.
10. Closing Costs; Expenses.
10.1 Buyer shall be responsible for preparation of all Closing documents.
10.2 Buyer shall pay the following expenses at Closing:
10.2.1 The cost of recording the special warranty deed and any release 6r
satisfaction obtained by Seller pursuant to this Agreement.
10.2.2 Documentary Stamps required to be affixed to the special warranty
deed.
10.2.3 All costs and premiums for the owner's marketability title
insurance commitment and policy, if any.
10.3 Seller shall pay the following expenses at or prior to Closing:
10.3.1 All costs necessary to cure title defect(s), if Seller elects to cure
same, or encumbrances, other than the Permitted Exceptions, and to satisfy
or release of record all existing mortgages, liens or encumbrances upon the
Property.
11. Miscellaneous.
11.1 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.
11.2 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 Seller and the Buyer 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.
6
11.3 Assignment and Binding Effect. This Agreement may not be assigned by
Buyer in whole or in part, without the express written consent of Seller, except that Buyer
may assign this Agreement to a governmental entity wholly controlled by Buyer, or to a
governmental Affiliate of Buyer in which event Buyer shall notify Seller of such assignment
and deliver to Seller an assignment and acceptance of this Agreement in form reasonably
acceptable to Seller. "Affiliate" shall include (a) all governmental subdivisions or other
governmental entities controlling, controlled by or under common control with Buyer.
"Control" for these purposes shall mean the ability to influence, direct or otherwise
significantly affect the major policies, activities or actions of any person or entity.
11.4 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 Seller: Cleghorn Shoe Corporation
Attn: Scott Hodges
P.O. Box 610727
N. Miami, Florida 33261
(954) 450-7904
with a copy to: Bruce D. Barkett, Esq.
756 Beachland Boulevard
P.O. Box 3686
Vero Beach, Florida 32963
772-494-7225
If to Buyer: Indian River County
Attn:Susan Prado,Deputy County Attorney
180127 1h Street
Vero Beach, FL 32960
(772)226-1426
Either party may change the information above by giving written notice of such change as
provided in this paragraph.
11.5 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 not survive the Closing Date and the consummation of the transaction provided for
herein. The covenants, agreements and undertakings of each of the parties hereto are
made solely for the benefit of, and may be relied on only by the other party hereto, its
successors and assigns, and are not made for the benefit of, nor may they be relied upon,
by any other person whatsoever
7
11.6 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.
11.7 Counterparts. This Agreement maybe executed in two or more counterparts,
each one of which shall constitute an original.
11.8 Beneficial Interest Disclosure: In the event Seller is a partnership, limited
partnership, corporation, trust, or any form of representative capacity whatsoever for
others, Seller shall provide a fully completed, executed, and sworn beneficial interest
disclosure statement in the form attached to this Agreement as an exhibit that complies with
all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement
by the Buyer. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial
interest in any entity registered with the Federal Securities and Exchange Commission,
or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the
general public, is exempt from disclosure; and where the Seller is a non-public entity, that
Seller is not required to disclose persons or entities holding less than five (5%) percent of
the beneficial interest in Seller.
11.9 Brokerage. Collies International Florida, LLC ("Broker") represents Buyer in
this transaction and is the only Broker in this transaction. Seller shall pay Colliers a fee
equal to 2% of the final purchase price at closing under a separate agreement that shall
be executed between Broker & Seller.
11.10 Like -Kind Exchange. Seller and Buyer (as the case may be, the "requesting
party") agree to cooperate with each other (the "other party") in the other party's efforts to
effectuate an exchange of properties for the Property in accordance with Section 1031 of
the Internal Revenue Code, and to execute and deliver any and all documents which a
requesting party may reasonably require relating thereto; provided that (i) such documents
shall be prepared by the requesting party at its sole cost, (ii) no such documents shall
impose on the non -requesting party any obligations greater than those that that would
otherwise exist but for such documentation and (iii) under no circumstances shall any
requesting party's rights under this Article result in a delay of the Closing.
[Signatures begin on the following page.]
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
SELLER:
CLEGHORN SHOE CORPORATION
By
,rQh;c2�,rt- ,�. ,cQrtar�
Andrew L. Ansin, Vice President
Date Signed: 9/ i24
Attest. -/�Ot
Seth Bortunk, Secretary.
(SEAL)
0
COUNTY:
0 h11y�SSi
N RIVER COU Y, RIA moo`? • °A.F
7ate
san . Adams, Chairman
Si d: September 244
a ` 9L,Q �, • oQ�Q
Attes i yan Butler, C! rk ``�LFRCouci�''
By
Deputy Clerk
Approved:
By: /
J66 Titkanich, Jr., County Adm istrator
Approved as to form and leg ufficiency:
By:
sa J. ad a unty Attorney
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
By:
DeputyClerk
EXHIBIT "A"
E 1/2 OF NE 1/4 OF SE 1/4 (OR BK 506 PP897), LESS AND EXCEPT THE FOLL DESC: COM M AT THE NW COR OF
THE E 1/2 OF THE NE 1/4 OF THE SE 1/4 OF SEC 27-31-38 RUN S 00 DEG 09 MIN 15 SEC W ALONG THE W LINE A
DIST OF 134 FT TO A PT; TH RUN S 89 DEG53 MIN 20 SEC E PARALLEL WITH THE N LINE A DIST OF 401.79 FT TO
THE POB; TH RUN STILL PARALLEL WITH THE N LINE S 89 DEG53 MIN 20 SEC E A DIST OF 248.58 FT TOTHE E ROW
OF CR 510; TH RUN S 00 DEG 12 MIN 07 SEC E A DIST OF 1197.22 FT TO A PT IN THE N ROW LINE OF 87TH ST; TH
RUN ALONG THE N ROW N 83 DEG 23 MIN 41 SEC W A DIST OF 154.26 FT TO A PT; TH RUN N 14DEG 26 MIN 43
SEC W A DIST OF 280.11 FTTO A PT OF 18.43 FT ELEVATION N.G.V.D. ESTABLISHED AS A HIGH WATER LINE OF A
LAKE; TH RUN N 02 DEG 26 MIN 18 SEC W A DIST OF 156.99 FT TO ANOTHER PT OF 18.43 F T ELEVATION; TH
RUN N 75 DEG 07 MIN 48 SEC W A DIST OF 238.35 FT TO A PT; TH RUNN 10 DEG 01 MIN 41 SEC E A DIST OF 366.
30 FT TO ANOTHER PT OF 18.43 FT ELEVATION; TH RUN N 24 DEG 44 MIN 03 SEC E A DIST OF 363.30 FT TO THE
POB
1C
THIS INSTRUMENT PREPARED BY
and RETURN TO:
BRUCE F. IDEN, ESQUIRE
Iden Law Offices
10 Hawley Street
Suite 1D
Northampton, MA. 01060
Parcel Number. 31382700000700000002.0
3120250011075
RECORDED IN THE PUBLIC RECORDS OF
RYAN L. BUTLER, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK 3759 PG 1019 Page 1 of 3 3/5/2025 3 41 PM
D DOCTAX PD $9.450.00
SPECIAL WARRANTY DEED
THIS INDENTURE, made this A I day of February 2025 by and between Cleghorn Shoe
Corporation, Massachusetts corporation authorized to do business in Florida, whose address is: P.O. Box
610727, Miami, Florida 33261-0727, hereinafter called "Grantor," and Indian River County, apolitical sub-
division of the State of Florida whose address is: 1801 271' Street, Vero Beach, Florida 32960, hereinafter
called "Grantee."
[Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural,
heirs, legal representatives and assigns of individuals and the successors and assigns of
corporations and partnerships, wherever the context so admits or requires.]
WITNESSETH, that the said Grantor, for and in consideration of the sum of $10.00 and other good
and valuable consideration, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has
granted, bargained, sold, transferred and conveyed to the said Grantee, and Grantee's heirs, executors and
assigns forever, the following described land (the "Subject Property' ), situate, lying and being in the County
of Indian River, State of Florida to wit:
See Exhibit "A" attached hereto
SUBJECT TO:
1. Ad Valorem taxes for 2025 and all years subsequent.
2. A deed restriction running with the title to the Subject Property limiting the use of the Subject
Property to a fire station or other governmental use.
3. Easements, restrictions, reservations, limitations or dedications of record, if any, without
reimposing same.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
To Have and to Hold, the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee
simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants
the title to said land and will defend the same against the lawful claims of all persons claiming by, through or
under the said Grantor.
[Acknowledgements begin on the following page.]
IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal the day and year first
SWD — Cleghorn Shoe Corporation Sale to Indian River County
Page 1 of 3
above written.
WITNESSED BY:
GRANTOR
Cleghorn Shoe Corporation.,-`-
Witness
orporation.r---`_-Witness signafure B
(� ,, tt Name: Andrew L. Ansin
1 A tj V "'�� Title: VW President
Printed name
Address
01 ST LAVA&VR%1
/ - ; �"/Z
W' e ignature
Printed name
ao lea' sQ.�
Adss
Atteste by:
Seth Bortunk, Secretary
1401 791 Street Causeway
Miami, Florida 33141
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this l br day of February 2025, by means of
l physical presence or ❑ online notarization, by Andrew L. Ansin, as VW President on behalf of said
corporation. He is personally known to me or who has produced a driver's license as identification.
�''•°"� . CIARA R. PINK
�EXPIRES:
COMMISSION # HH 485260 February 18, 2028
'fOFf'O�
e�
[Notary Seal]
/,, /' /_.ZA,
Name: Lc..AVA Z. Pt 4 k,
Notary Public, STATE OF FLORIDA
My commission expires:
Commission Number: H 4 It 0
SWD - Cleghorn Shoe Corporation Sale to Indian River County
Page 2 of 3
01CMIT "A"
Legal Description
THE EAST ONE HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ON QUARTER OF SECTION 27, TOWNSHIP 31 SOUTH,
RANGE 38 EAST,
LESS AND EXCEPT: THE RIGHT OF WAY FOR C.R. 510 (WABASSO ROAD) LYING WESTERLY OF THE EAST LINE OF THE EAST ONE
HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 38 EAST
AND LYING EASTERLY OF THE EAST LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1414, PAGE 1112, AS RECORDED IN
THE PUBLIC RECORDS ON INDIAN RIVER COUNTY, FLORIDA.
ALSO LESS AND EXCEPT (PER O.R.B. 1414,PG. 1112)
COMMENCE AT THE NORTHWEST CORNER OF THE EAST ONE HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE
QUARTER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 38 EAST, ACCORDING THE THE LAST GENERAL PLAT OF THE LANDS OF THE
INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND
RUN SOUTH 00°09'15' WEST, ALONG THE WEST LINE, A DISTANCE OF 134 FEET TO A POINT. THEN RUN SOUTH 89°53'20" EAST, PARALLEL
WITH THE NORTH LINE, A DISTANCE OF 401.79 FEET TO THE POINT OF BEGINNING. THEN RUN STILL PARALLEL WITH THE NORTH LINE,
SOUTH 89°53'20" EAST, A DISTANCE OF 248.58 FEET TO THE EAST RIGHT OF WAY LINE OF COUNTY ROAD 510. THEN RUN SOUTH
00°12'07" WEST, A DISTANCE OF 1197.22 FEET TO A POINT IN THE NORTH RIGHT OF WAY LINE OF 87th STREET.THEN RUN ALONG THE
NORTH RIGHT OF WAY, NORTH 83°23'41" WEST, A DISTANCE OF 154.26 FEET TO A POINT. THEN RUN NORTH 14°2643" WEST, A DISTANCE
OF 280.11 FEET TO A POINT OF 18.43 FOOT ELEVATION, N.G.VD. ESTABLISHED AS HIGH WATER LINE OF A LAKE. THEN RUN NORTH
02°26'18" WEST, A DISTANCE OF 156.99 FEET TO ANOTHER POINT OF 18.43 FOOT ELEVATION. THEN RUN NORTH 75°OT48" WEST, A
DISTANCE OF 238.35 FEET TO A POINT. THEN RUN NORTH 10°01'41' EAST, A DISTANCE OF 366.30 FEET TO ANOTHER POINT OF 18.43
FOOT ELEVATION. THEN RUN NORTH 24°44'03" EAST, A DISTANCE OF 363.30 FEET TO THE POINT OF BEGINNING.
SWD — Cleghom Shoe Corporation Sale to Indian River County
Page 3 of 3
American Land Title Association Owner's Policy of Title Insurance
2021 v. 01.00 (07-01-2021)
WESTCOR with Florida modifications
ENO
POLICY NO.: OP-61-FL1394-16966388
ALTA OWNER'S POLICY OF TITLE INSURANCE
issued by
WESTCOR LAND TITLE INSURANCE COMPANY
This policy, when issued by the Company with a Policy Number and the Date of Policy, is valid even if this
policy or any endorsement to this policy is issued electronically or lacks any signature.
Any notice of claim and any other notice or statement in writing required to be given to the Company under
this policy must be given to the Company at the address shown in Condition 17.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, Westcor Land Title Insurance Company, a South Carolina corporation
(the "Company"), insures as of the Date of Policy and, to the extent stated in Covered Risks 9 and 10, after the
Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured
by reason of:
The Title being vested other than as stated in Schedule A.
Any defect in or lien or encumbrance on the Title. Covered Risk 2 includes, but is not limited to, insurance
against loss from:
a. a defect in the Title caused by:
i. forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
ii. the failure of a person or Entity to have authorized a transfer or conveyance;
iii. a document affecting the Title not properly authorized, created, executed, witnessed, sealed,
acknowledged, notarized (including by remote online notarization), or delivered;
iv. a failure to perform those acts necessary to create a document by electronic means authorized
by law;
COVERED RISKS Continued on next page
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed
and sealed as of the Date of Policy shown in Schedule A.
Issued By:FL1394 * 2024-7260
Atlantic Coastal Land Title Company, LLC
855 21st Street, Suite C
Vero Beach, FL 32960
WESTCOR LAND TITLE INSURANCE COMPANY
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
OP-61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 811 212 0 2 2)
p
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« -r =
\iury O'D�nmcll - Prc,idcnt
""'
Allell:
L)unald A. Brruhe - Secrelary
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
OP-61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 811 212 0 2 2)
American Land Title Association Owner's Policy of Title Insurance
2021 v. 01.00 (07-01-2021)
M001 WESTCOR
with Florida modifications
V. a document executed under a falsified, expired, or otherwise invalid power of attorney;
vi. a document not properly filed, recorded, or indexed in the Public Records, including the failure to
have performed those acts by electronic means authorized by law;
vii. a defective judicial or administrative proceeding; or
viii. the repudiation of an electronic signature by a person that executed a document because the
electronic signature on the document was not valid under applicable electronic transactions law.
b. the lien of real estate taxes or assessments imposed on the Title by a governmental authority due or
payable, but unpaid.
C. the effect on the Title of an encumbrance, violation, variation, adverse circumstance, boundary line
overlap, or encroachment (including an encroachment of an improvement across the boundary lines of
the Land), but only if the encumbrance, violation, variation, adverse circumstance, boundary line
overlap, or encroachment would have been disclosed by an accurate and complete land title survey of
the Land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. A violation or enforcement of a law, ordinance, permit, or governmental regulation (including those relating to
building and zoning), but only to the extent of the violation or enforcement described by the enforcing
governmental authority in an Enforcement Notice that identifies a restriction, regulation, or prohibition relating
to:
a. the occupancy, use, or enjoyment of the Land;
b. the character, dimensions, or location of an improvement on the Land;
C. the subdivision of the Land; or
d. environmental remediation or protection on the Land.
6. An enforcement of a governmental forfeiture, police, regulatory, or national security power, but only to the
extent of the enforcement described by the enforcing governmental authority in an Enforcement Notice.
7. An exercise of the power of eminent domain, but only to the extent:
a. of the exercise described in an Enforcement Notice; or
b. the taking occurred and is binding on a purchaser for value without Knowledge.
8. An enforcement of a PACA-PSA Trust, but only to the extent of the enforcement described in an Enforcement
Notice.
9. The Title being vested other than as stated in Schedule A, the Title being defective, or the effect of a court
order providing an alternative remedy:
a. resulting from the avoidance, in whole or in part, of any transfer of all or any part of the Title to the Land
or any interest in the Land occurring prior to the transaction vesting the Title because that prior transfer
constituted a:
i. fraudulent conveyance, fraudulent transfer, or preferential transfer under federal bankruptcy,
state insolvency, or similar state or federal creditors' rights law; or
ii. voidable transfer under the Uniform Voidable Transactions Act; or
b. because the instrument vesting the Title constitutes a preferential transfer under federal bankruptcy,
state insolvency, or similar state or federal creditors' rights law by reason of the failure:
i. to timely record the instrument vesting the Title in the Public Records after execution and delivery
of the instrument to the Insured; or
ii. of the recording of the instrument vesting the Title in the Public Records to impart notice of its
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association. s`
OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/12/2022)
American Land Title Association Owner's Policy of Title Insurance
2021 v. 01.00 (07-01-2021)
WESTCOR
with Florida modifications
existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that
has been created or attached or has been filed or recorded in the Public Records subsequent to the Date of
Policy and prior to the recording of the deed or other instrument vesting the Title in the Public Records.
DEFENSE OF COVERED CLAIMS
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured
against by this policy, but only to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage,
costs, attorneys' fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land;
iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
C. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered
Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant,-
b.
laimant;b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the
Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date
the Insured Claimant became an Insured under this policy;
C. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the
coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the
Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of
Policy.
Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law,
that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or
C. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer
made as a contemporaneous exchange for new value; or
Copyright 2021 American Land Title Association. All rights reserved.
AMI RR AN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.T,
OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/12/2022)
American Land Title Association Owner's Policy of Title Insurance
2021 v. 01.00 (07-01-2021)
WESTC with Florida modifications
ii. for any other reason not stated in Covered Risk 9.1b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered
Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority
that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage
provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement
to the Land.
CONDITIONS
1. DEFINITION OF TERMS
In this policy, the following terms have the meanings given to them below. Any defined term includes both the
singular and the plural, as the context requires:
a. "Affiliate": An Entity:
i. that is wholly owned by the Insured;
ii. that wholly owns the Insured; or
iii. if that Entity and the Insured are both wholly owned by the same person or entity.
b. "Amount of Insurance": The Amount of Insurance stated in Schedule A, as may be increased by
Condition 8.d. or decreased by Condition 10 or 11; or increased or decreased by endorsements to this
policy.
C. "Date of Policy": The Date of Policy stated in Schedule A.
d. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under
applicable law because it illegally discriminates against a class of individuals based on personal
characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status,
disability, national origin, or other legally protected class.
e. "Enforcement Notice": A document recorded in the Public Records that describes any part of the Land
and:
i. is issued by a governmental agency that identifies a violation or enforcement of a law, ordinance,
permit, or governmental regulation;
ii. is issued by a holder of the power of eminent domain or a governmental agency that identifies
the exercise of a governmental power; or
iii. asserts a right to enforce a PACA-PSA Trust.
f. "Entity": A corporation, partnership, trust, limited liability company, or other entity authorized by law to
own title to real property in the State where the Land is located.
g. "Insured":
i. (a). The Insured named in Item 1 of Schedule A;
(b). the successor to the Title of an Insured by operation of law as distinguished from purchase,
including heirs, devisees, survivors, personal representatives, or next of kin;
(c). the successor to the Title of an Insured resulting from dissolution, merger, consolidation,
distribution, or reorganization;
(d). the successor to the Title of an Insured resulting from its conversion to another kind of
Entity; or
(e). the grantee of an Insured under a deed or other instrument transferring the Title, if the
grantee is:
(1). an Affiliate;
Copyright 2021 American Land Title Association. All rights reserved.
A111 K11 %N
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/12/2022)
American Land Title Association Owner's Policy of Title Insurance
2021 v. 01.00 (07-01-2021)
1!
WWW ETO with Florida modifications
(2). a trustee or beneficiary of a trust created by a written instrument established for
estate planning purposes by an Insured;
(3). a spouse who receives the Title because of a dissolution of marriage;
(4). a transferee by a transfer effective on the death of an Insured as authorized by law;
or
(5). another Insured named in Item 1 of Schedule A.
ii. The Company reserves all rights and defenses as to any successor or grantee that the Company
would have had against any predecessor Insured.
h. "Insured Claimant": An Insured claiming loss or damage arising under this policy.
i. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the
Public Records.
j. "Land": The land described in Item 4 of Schedule A and improvements located on that land at the Date
of Policy that by State law constitute real property. The term "Land" does not include any property
beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting
street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit
the extent that a right of access to and from the Land is insured by this policy.
k. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security
instrument, including one evidenced by electronic means authorized by law.
I. "PACA-PSA Trust": A trust under the federal Perishable Agricultural Commodities Act or the federal
Packers and Stockyards Act or a similar State or federal law.
M. "Public Records": The recording or filing system established under State statutes in effect at the Date
of Policy under which a document must be recorded or filed to impart constructive notice of matters
relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not
include any other recording or filing system, including any pertaining to environmental remediation or
protection, planning, permitting, zoning, licensing, building, health, public safety, or national security
matters.
n. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is
located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, and Guam.
o. "Title": The estate or interest in the Land identified in Item 2 of Schedule A.
p. "Unmarketable Title": The Title affected by an alleged or apparent matter that would permit a
prospective purchaser or lessee of the Title or a lender on the Title to be released from the obligation
to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title.
CONTINUATION OF COVERAGE
This policy continues as of the Date of Policy in favor of an Insured, so long as the Insured:
a. retains an estate or interest in the Land;
b. owns an obligation secured by a purchase money Mortgage given by a purchaser from the Insured; or
C. has liability for warranties given by the Insured in any transfer or conveyance of the Insured's Title.
Except as provided in Condition 2, this policy terminates and ceases to have any further force or effect after
the Insured conveys the Title. This policy does not continue in force or effect in favor of any person or entity
that is not the Insured and acquires the Title or an obligation secured by a purchase money Mortgage given
to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured must notify the Company promptly in writing if the Insured has Knowledge of:
a. any litigation or other matter for which the Company may be liable under this policy; or
b. any rejection of the Title as Unmarketable Title.
If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under this policy is reduced to the extent of the prejudice.
Copyright 2021 American Land Title Association. All rights reserved.
Alit [k]( AN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and {„'
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Associations;'
OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/12/2022)
American Land Title Association Owner's Policy of Title Insurance
2021 v. 01.00 (07-01-2021)
WES"COR with Florida modifications
4. PROOF OF LOSS
The Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed
proof of loss. The proof of loss must describe the defect, lien, encumbrance, adverse claim, or other matter
insured against by this policy that constitutes the basis of loss or damage and must state, to the extent
possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
a. Upon written request by the Insured and subject to the options contained in Condition 7, the Company,
at its own cost and without unreasonable delay, will provide for the defense of an Insured in litigation in
which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is
limited to only those stated causes of action alleging matters insured against by this policy. The
Company has the right to select counsel of its choice (subject to the right of the Insured to object for
reasonable cause) to represent the Insured as to those covered causes of action. The Company is not
liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or
expenses incurred by the Insured in the defense of any cause of action that alleges matters not insured
against by this policy.
b. The Company has the right, in addition to the options contained in Condition 7, at its own cost, to
institute and prosecute any action or proceeding or to do any other act that, in its opinion, may be
necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the
Insured. The Company may take any appropriate action under the terms of this policy, whether or not
it is liable to the Insured. The Company's exercise of these rights is not an admission of liability or
waiver of any provision of this policy. If the Company exercises its rights under Condition 5.b., it must
do so diligently.
C. When the Company brings an action or asserts a defense as required or permitted by this policy, the
Company may pursue the litigation to a final determination by a court having jurisdiction. The Company
reserves the right, in its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
a. When this policy permits or requires the Company to prosecute or provide for the defense of any action
or proceeding and any appeals, the Insured will secure to the Company the right to prosecute or provide
defense in the action or proceeding, including the right to use, at its option, the name of the Insured for
this purpose.
When requested by the Company, the Insured, at the Company's expense, must give the Company all
reasonable aid in:
i. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement; and
ii. any other lawful act that in the opinion of the Company may be necessary or desirable to establish
the Title or any other matter, as insured.
If the Company is prejudiced by any failure of the Insured to furnish the required cooperation, the
Company's liability and obligations to the Insured under this policy terminate, including any obligation
to defend, prosecute, or continue any litigation, regarding the matter requiring such cooperation.
b. The Company may reasonably require the Insured Claimant to submit to examination under oath by
any authorized representative of the Company and to produce for examination, inspection, and copying,
at such reasonable times and places as may be designated by the authorized representative of the
Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda,
correspondence, reports, e-mails, disks, tapes, and videos, whether bearing a date before or after the
Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized
representative of the Company, the Insured Claimant must grant its permission, in writing, for any
authorized representative of the Company to examine, inspect, and copy all the records in the custody
Copyright 2021 American Land Title Association. All rights reserved.
A.At1 RICAN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association. `
OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/12/2022)
American Land Title Association Owner's Policy of Title Insurance
2021 v. 01.00 (07-01-2021)
�1 W *" C STC with Florida modifications
or control of a third party that reasonably pertain to the loss or damage. No information designated in
writing as confidential by the Insured Claimant provided to the Company pursuant to Condition 6 will
be later disclosed to others unless, in the reasonable judgment of the Company, disclosure is necessary
in the administration of the claim or required by law. Any failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested information, or grant permission to secure
reasonably necessary information from third parties as required in Condition 6.b., unless prohibited by
law, terminates any liability of the Company under this policy as to that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company has the following additional options:
a. To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the Amount of Insurance under this policy. In addition, the Company will
pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by
the Company up to the time of payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option provided for in Condition 7.a., the Company's liability
and obligations to the Insured under this policy terminate, including any obligation to defend, prosecute,
or continue any litigation.
b. To Pay or Otherwise Settle with Parties other than the Insured or with the Insured Claimant
i. To pay or otherwise settle with parties other than the Insured for or in the name of the Insured
Claimant. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by
the Insured Claimant that were authorized by the Company up to the time of payment and that
the Company is obligated to pay; or
ii. To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this
policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by
the Insured Claimant that were authorized by the Company up to the time of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of either option provided for in Condition 7.b., the Company's liability
and obligations to the Insured under this policy for the claimed loss or damage terminate, including any
obligation to defend, prosecute, or continue any litigation.
CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an
Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. This
policy is not an abstract of the Title, report of the condition of the Title, legal opinion, opinion of the Title, or
other representation of the status of the Title. All claims asserted under this policy are based in contract and
are restricted to the terms and provisions of this policy. The Company is not liable for any claim alleging
negligence or negligent misrepresentation arising from or in connection with this policy or the determination
of the insurability of the Title.
a. The extent of liability of the Company for loss or damage under this policy does not exceed the lesser
of:
i, the Amount of Insurance; or
ii. the difference between the fair market value of the Title, as insured, and the fair market value of
the Title subject to the matter insured against by this policy.
b. Except as provided in Condition 8.c. or 8.d., the fair market value of the Title in Condition 8.a.ii. is
calculated using the date the Insured discovers the defect, lien, encumbrance, adverse claim, or other
matter insured against by this policy.
C. If, at the Date of Policy, the Title to all of the Land is void by reason of a matter insured against by this
policy, then the Insured Claimant may, by written notice given to the Company, elect to use the Date of
Policy as the date for calculating the fair market value of the Title in Condition 8.a.ii.
d. If the Company pursues its rights under Condition 5.b. and is unsuccessful in establishing the Title, as
Copyright 2021 American Land Title Association. All rights reserved.
,1
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.]
Reprinted under license from the American Land Title Association. `'Vf.
,a.Y . -v
OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/1212022)
American Land Title Association Owner's Policy of Title Insurance
2021 v. 01.00 (07-01-2021)
WES"ITCOR with Florida modifications
insured:
i. the Amount of Insurance will be increased by 15%; and
ii. the Insured Claimant may, by written notice given to the Company, elect, as an alternative to the
dates set forth in Condition 8.1b. or, if it applies, 8.c., to use either the date the settlement, action,
proceeding, or other act described in Condition 5.b. is concluded or the date the notice of claim
required by Condition 3 is received by the Company as the date for calculating the fair market
value of the Title in Condition 8.a.ii.
e. In addition to the extent of liability for loss or damage under Conditions 8.a. and 8.d., the Company will
also pay the costs, attorneys' fees, and expenses incurred in accordance with Conditions 5 and 7.
9. LIMITATION OF LIABILITY
a. The Company fully performs its obligations and is not liable for any loss or damage caused to the
Insured if the Company accomplishes any of the following in a reasonable manner:
i. removes the alleged defect, lien, encumbrance, adverse claim, or other matter;
ii. cures the lack of a right of access to and from the Land; or
iii. cures the claim of Unmarketable Title,
all as insured. The Company may do so by any method, including litigation and the completion of any
appeals.
b. The Company is not liable for loss or damage arising out of any litigation, including litigation by the
Company or with the Company's consent, until a State or federal court having jurisdiction makes a final,
non -appealable determination adverse to the Title.
C. The Company is not liable for loss or damage to the Insured for liability voluntarily assumed by the
Insured in settling any claim or suit without the prior written consent of the Company.
d. The Company is not liable for the content of the Transaction Identification Data, if any.
10. REDUCTION OR TERMINATION OF INSURANCE
All payments under this policy, except payments made for costs, attorneys' fees, and expenses, reduce the
Amount of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance will be reduced by any amount the Company pays under any policy insuring a
Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken
subject, or which is executed by an Insured after the Date of Policy and which is a charge or lien on the Title,
and the amount so paid will be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage are determined in accordance with the Conditions, the
Company will pay the loss or damage within 30 days.
13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND PAYMENT
a. If the Company settles and pays a claim under this policy, it is subrogated and entitled to the rights and
remedies of the Insured Claimant in the Title and all other rights and remedies in respect to the claim
that the Insured Claimant has against any person, entity, or property to the fullest extent permitted by
law, but limited to the amount of any loss, costs, attorneys' fees, and expenses paid by the Company.
If requested by the Company, the Insured Claimant must execute documents to transfer these rights
and remedies to the Company. The Insured Claimant permits the Company to sue, compromise, or
settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any
transaction or litigation involving these rights and remedies.
b. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company
defers the exercise of its subrogation right until after the Insured Claimant fully recovers its loss.
Copyright 2021 American Land Title Association. All rights reserved.
AA11 RI( AN
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ,
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 811212022)
American Land Title Association Owner's Policy of Title Insurance
WESTCOR 2021 v. ride (07-0cation)
with Florida modifications
I_.AND TITLE INSURfiNCE COMPANY
C. The Company's subrogation right includes the Insured's rights to indemnity, guaranty, warranty,
insurance policy, or bond, despite any provision in those instruments that addresses recovery or
subrogation rights.
14. POLICY ENTIRE CONTRACT
a. This policy together with all endorsements, if any, issued by the Company is the entire policy and
contract between the Insured and the Company. In interpreting any provision of this policy, this policy
will be construed as a whole. This policy and any endorsement to this policy may be evidenced by
electronic means authorized by law.
b. Any amendment of this policy must be by a written endorsement issued by the Company. To the extent
any term or provision of an endorsement is inconsistent with any term or provision of this policy, the
term or provision of the endorsement controls. Unless the endorsement expressly states, it does not:
i. modify any prior endorsement,
ii. extend the Date of Policy,
iii. insure against loss or damage exceeding the Amount of Insurance, or
IV. increase the Amount of Insurance.
15. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable
law, this policy will be deemed not to include that provision or the part held to be invalid, but all other provisions
will remain in full force and effect.
16. CHOICE OF LAW AND CHOICE OF FORUM
a. Choice of Law
The Company has underwritten the risks covered by this policy and determined the premium charged
in reliance upon the State law affecting interests in real property and the State law applicable to the
interpretation, rights, remedies, or enforcement of policies of title insurance of the State where the Land
is located.
The State law of the State where the Land is located, or to the extent it controls, federal law, will
determine the validity of claims against the Title and the interpretation and enforcement of the terms of
this policy, without regard to conflicts of law principles to determine the applicable law.
b. Choice of Forum
Any litigation or other proceeding brought by the Insured against the Company must be filed only in a
State or federal court having jurisdiction.
17. NOTICES
Any notice of claim and any other notice or statement in writing required to be given to the Company under
this policy must be given to the Company at: Westcor Land Title Insurance Company, Attn.: Claims, 875
Concourse Parkway South, Suite 200, Maitland, Florida 32751. Telephone: (866) 629-5842.
18. ARBITRATION
a. All claims and disputes arising out of or relating to this policy, including any service or other matter in
connection with issuing this policy, any breach of a policy provision, or any other claim or dispute arising
out of or relating to the transaction giving rise to this policy, may be submitted to binding arbitration only
when agreed to by both the Company and the Insured. Arbitration must be conducted pursuant to the
Title Insurance Arbitration Rules of the American Land Title Association ("ALTA Rules"). The ALTA
Rules are available online at www.alta.org/arbitration. The ALTA Rules incorporate, as appropriate to
a particular dispute, the Consumer Arbitration Rules and Commercial Arbitration Rules of the American
Arbitration Association ("AAA Rules"). The AAA Rules are available online at www.adr.org.
b. If there is a final judicial determination that a request for particular relief cannot be arbitrated in
Copyright 2021 American Land Title Association. All rights reserved.
AMERICAN
LANThe use of this Form (or any derivative thereof) is restricted to ALTA licensees and ASS �� Tl r
53JCIAl10N
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 81112/2022)
American Land Title Association Owner's Policy of Title Insurance
WESTCOR 2021 v. ride (dific 202, )
with Florida modifications
LAND TITLE INSURANCE COMPANY
accordance with this Condition 18, then only that request for particular relief may be brought in court.
All other requests for relief remain subject to this Condition 18.
C. Fees will be allocated in accordance with the applicable AAA Rules. The results of arbitration will be
binding upon the parties. The arbitrator may consider, but is not bound by, rulings in prior arbitrations
involving different parties. The arbitrator is bound by rulings in prior arbitrations involving the same
parties to the extent required by law. The arbitrator must issue a written decision sufficient to explain
the findings and conclusions on which the award is based. Judgment upon the award rendered by the
arbitrator may be entered in any State or federal court having jurisdiction.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
AMERICAN
LAND TITLE
ASSOCIATION
OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/12/2022)
American Land Title Association Owner's Policy of Title Insurance
(07-01-2021)
TR with Florida modifications
7LAN TITLE °4SU':Ar4Cc Cr, MPP '1)
Transaction Identification Data, for which the Company assumes no liability as set forth in Condition 9.d.:
Issuing Agent: Atlantic Coastal Land Title Company LLC
Issuing Office: 855 21st Street, Suite C, Vero Beach FL 32960
Issuing Office's ALTA® Registry ID:
Issuing Office File Number: 2024-7260
Property Address: 9010 87th St, Vero Beach, FL 32967
SCHEDULE A
Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 875 Concourse
Parkway South, Suite 200, Maitland, Florida, 32751, (407) 629-5842.
Policy Number: OP-61-FL1394-16966388
Amount of Insurance: $1,350,000.00
Date of Policy: February 21, 2025
1. The Insured is: Indian River County, Florida, a political subdivision of the State of Florida
2. The estate or interest in the Land insured by this policy is: Fee Simple
3. The Title is vested in: Indian River County, Florida, a political subdivision of the State of Florida
4. The Land is described as follows:
See Exhibit "A" attached hereto and made a part hereof.
WESTCOR LAND TITLE INSURANCE COMPANY
Authorized Signatory
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
011-61S FL ALTA 07-01-2021 Owner's Policy (FLORIDA) (ALTA 7-01-2021)- Schedules REVISED (WLTIC Edition 10/30/2023)
American Land Title Association Owner's Policy of Title Insurance
2021 v. 01.00 (07-01-2021)
WESTCOR with Florida modifications
SCHEDULE
Policy Number: OP-61-FL1394-16966388
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law.
This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the
remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or
expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the
following matters:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would
be disclosed by an accurate and complete survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments on
the Land of existing improvements located on the adjoined land.
3. Easements or claims of easements not shown by the Public Records.
4. Taxes or special assessments which are not shown as existing liens by the public records.
5. Taxes and assessments for the year 2026 and subsequent years, which are not yet due and payable.
6. This policy does not insure a right of access to and from the lands insured hereby, notwithstanding any
insuring provision contained elsewhere in this policy.
7. Easement recorded in Official Records Book 1406, Page 2689, of the Public Records of Indian River
County, Florida.
8. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for
unpaid service charges for service by any water, sewer or gas system supplying the insured land.
9. Riparian rights and littoral rights, if any, incident to the land.
10. Title to any portion of the land lying below the ordinary high water mark of unnamed Lake, unaffected by
fills, man-made jetties and bulkheads.
11. Title to beds or bottoms of lakes, rivers or other bodies of water located on or within the property are not
insured.
Copyright 2021 American Land Title Association. All rights reserved. k.,i `
1 n,�t) IEtn
The use of this Form (or any derivative thereof) is restricted to ALTA licensces and
ALTA members in good standing as of the date of use. All other uses are prohibited. �.
Reprinted under license from the American Land Title Association.`'
011-61S FL ALTA 07-01-2021 Owner's Policy (FLORIDA) (ALTA 7-01-2021)- Schedules REVISED (WL FIC Edition 10/30/2023)
American land Title Association0%vner's Policy of Title Insurance
IJVEP,- T2021 v. 01.00 (07-01-2021)
)� ; -; with Florida modifications
EXHIBIT A
Legal Description
The East One Half of the Northeast One Quarter of the Southeast One Quarter of Section 27, Township 31 South,
Range 38 East.
LESS AND EXCEPT: The right of way for County Road 510 (Wabasso Road) lying Westerly of the East line of the
East One Half of the Northeast One Quarter of the Southeast One Quarter of Section 27, Township 31 South,
Range 38 East and lying Easterly of the East line of the parcel described in Official Record Book 1414, Page
1112, as recorded in the Public Records on Indian River County, Florida.
Also LESS AND EXCEPT (per Official Records Book 1414, Page 1112)
Commence at the Northwest corner of the East One Half of the Northeast One Quarter of the Southeast One
Quarter of Section 27, Township 31 South, Range 38 East, according the last General Plat of the lands of the
Indian River Farms Company recorded in Plat Book 2, Page 25 of the Public Records of Saint Lucie County,
Florida, and run South 00 degrees 09 minutes 15 seconds West, along the West line, a distance of 134 feet to a
point, then run South 89 degrees 53 minutes 20 seconds East, parallel with the North line, a distance of 401.79
feet to the Point of Beginning, then run still parallel with the North line, South 89 degrees 53 minutes 20 seconds
East, a distance of 248.58 feet to the East right of way line of County Road 510, then run South 00 degrees 12
minutes 07 seconds West, a distance of 1197.22 feet to a point in the North right of way line of 87th Street, then
run along the North right of way, North 83 degrees 23 minutes 41 seconds West, a distance of 154.26 feet to a
point, then run North 14 degrees 26 minutes 43 seconds West, a distance of 280.11 feet to a point of 18.43 foot
Elevation, N.G.V.D. Established as high water line of a lake, then run North 02 degrees 26 minutes 18 seconds
West, a distance of 156.99 feet to another point of 18.43 foot Elevation, then run North 75 degrees 07 minutes 48
seconds West, a distance of 238.35 feet to a point, then run North 10 degrees 01 minutes 41 seconds East, a
distance of 366.30 feet to another point of 18.43 foot Elevation, then run North 24 degrees 44 minutes 03 seconds
East, a distance of 363.30 feet to the Point of Beginning.
Copyright 2021 American Land Title Association. All rights reserved. traMt k At
I IN 11 1111 1
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
1
Reprinted under license from the American Land Title Association. .r
OP -61S FL ALFA 07-01-2021 Owner's Policy (FLORIDA) (ALTA 7-01-2021)- Schedules REVISED (WLTIC Edition 10/30/2023)
American Land Tit[e Association ALTA Settlement Statement - Combined
Adopted .05-01-2015
le No:/Escrow Nm! 2024-7260
Tint Date,& Times 02/20(2025 12:18.PM
-aW Officer: Jason Beal
Location: 855 21st Street,Suite C
Vero Beach FL:32960
Atlantic Coastal Land Title Company
LLC
9552 itt Street, Suite C'
Vero Beach, FL 32960
Address' 9010 87th St, Vero'Beach, FL 32967
Iridis"n River County, Florida; a political subdivision .o€the State of Florida
Cleghorh Shoe. Corporation,. a Massachusetts corporation, as suceess0rto.Miami Gar"d,ens;.Ine.
lement Date: February 21, 2025
ursement Date: February.21, 2025
Itional dates per state_requirem.ents:
File # 202477260
.Copyriyhf''2b15 American ;F,and Title Association,
'M rights.ra"ryed. Page 1 of.3 Printed on February 20, 2025'at 12:18 PM
Seller
-T �—
DescriptionBorrower/Buyer
!
Debit Credit..
Debit Credit
_
��
Financial —_.._.___ W_-.----•-N�_-- _--
i
_
1,350,000.00
Contract Sales Price
1,350,000,00' _
—�
_
Deposit or earnest Morley — —µ
75,000.00
Prorations/Adjustments
521.61
County taxes 1/1/25 to 2/21/25
521.61
r
Loan Charges to
i
I&har Loon
Impounds
Title Charges &Escrow / Settlement Charges___
_
Closing. Fee to,Atlantic Coastal Land Title Company
375.0
I
I CLG
f Title Search Fee to Westcor Land Title Insurance'
i
250,00
Company _
.Digital Storage fee to`Forensis Technoi4,'gies
40.00
4.75
E -Recording Fee to 5irnplifl1e _
9.50 _
_
7:50
Wire Verification Fee.to to ClosingLock _
7.50
—
T�surance to Westcor land Title Insurance
5;950'00
Commission
File # 202477260
.Copyriyhf''2b15 American ;F,and Title Association,
'M rights.ra"ryed. Page 1 of.3 Printed on February 20, 2025'at 12:18 PM
--µ
y
_ Seller��----
ription-
l3arrower%Buyer
t
Debit i
27,000.00
Credit_
T
__ _ —_
Real Estate Commission $27,000.00 to Colliers
Debit !
Credit
Interni3tional Fiorlda
—��
Government. Recording: and Transfer Charges
27:00
Recording fees:. Dead- $,27s00:to Indian River County
; I
!
!
i Clerk of Court
State. tax/stamps: to Indian River County Clerk of
+ 9;450:00
i
146:00
Recdrd Certificate of'Merger to Indian.River,Clerk of
j
Court
Payoff(s)
(_Miscellaneous.
_ —
j 18:95
1
Certified Copy of Certificate of Merger to Broward
! I
It T
County Clerk of Court
! i
2025 Real Estate Taxes to Indian River County Tax
Collector
523.61
1 ;
I
Seller
Bor_rower/Buyer
jJ Debit
Credit
��— _ _.. r _
_
pQbity Credit
_
27,698:81
�-1,350,OQO.00
` Su,btotals _ _
- J
1,366,630..67.E 75,521761, i
_
Due From Borrower
1,291,`10.9:00
1;350,000:00
1. 1,350,000.00 fi
0_ Seller
Total_s.__...
1,366,630.61 1 1;366;630,61 I
Pile q"2024-7260
Copytight 2015:Amodcap land TcUe Association,
Alm;hts.rescneed. Page 2 of.3 Printed:on February 20,,2025at12A&PM
de/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. Welt authorize Atlantic Coastal Land Title Company LLC to cause the funds to be disbursed in
ccordance with this statement.
River County, Florida, a political subdivision of the State of Florida
Susan Prado, Deputy County Attorney
Shoe Corporation, a MassachNsetts-corporation, as successor to Miami Gardens, Inc.
e Presicent
a -
Escrow C3 icey
:opyf;yht 2015 Am--, Lana r: -e P-Ii:,tt3cen_ File # 2024-7260
All rkhts -sx Nv O. Page 3 of 3 Printed on February 20, 2025 at 12:18 PNt
cknowledgement
/e/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 iz�'Adandc Coastal Land Title Company LLC to cause the funds to be disbursed in
,cordance wit; thi atem nt.
ldian River ty, FI lda, a po ' subdivision of the State of Florida
Susan Prado, Deputy County Attorney
horn Shoe Corporation, a Massachusetts corporation, as successor to Miami Gardens, Inc.
Andrew L. Ansin, Vice President
Escrow Offi ��� ��
Copyright 2015 AMvrican Land Title Alloclstioa..
All cghts reserved.
File k 2024-7260
Ilai,e 3 if 3 Printed on February 20, 2025 at 12:18 PM
CLOSING AGREEMENT
Seltet(A): Clegft6rn Shoo Corpbration,, a Massachu8eft:e0epotation, as successor to Miami Gardens, Inc.
$uyer(p)Indian`Rivgc Co4n%,FJoiidq,a politicat-subdivfsiqn-6f the State of Florida.
Cloging,Agent, Atlantic Coastal Land. Title Company LLC
Property Ucatibn: 9010 87th St, Veto. Beach, FL. 32967
The undersigped hereby * acknowledge(*) and u ndeestgad that contracts, affidavits, .deeds, Joan
documcitts. an . d -similarly related documents 45sociated With a re.al, estate transection are legal and
binding documents. The closing.,agent is here to- facilitatvv-sad close the transaction but does a,ot
represent, the parti.es 99 legal counsel. If at: ally time I( c).. do not'Aindbrstand the -meaning and
consequences Of any docurneint.;ind its terms and -obligations, t(ivt) have been advised not sign any
document before -the seeking:th&,advite of an attorney.
TAX RE -PRORATION AGREEMENT: [f the property, tax HtIl, for the year of -closing has not bepq
issued by tht Tax -Col.lector at thd time of closing, then the, tax.'prorations set: forth on the closing
statement site basedupon, an- estimate, and that the.laquall taxes, fqr the. calendar: -year in which "dio'sing"
tak& place could represent .an amount substantially different "from that upon which the -proration was
based, If such a dilerehce 'is realized. thd parties. agree- that upon demand bf.the '6therj to, NVithout
unreasonable delay, re -prorate.. said taxes based. on the actual amo6ftt,of ihe.,biij rendered, using .formulae
standard in thG industry, And to makean. appropriate; inoaptary adjustment between themselves,; The
Closing. -Agent Is not-.Tcspopsible. to snake further adjustments.
AGREEMENT TO COOPERATE- If requested -by Lender (it any) drClosing: Agpnt, Ahe parties. agree to
,fully cooperate and adjust for ,clerical eirorsi inefUdi4g thq.)¢XeWtiori or re-execution of Any --reasonable
-document and/or., the remittance .of 'any addiiional. sum. The parties. further agree thit an" amounts'of
y
inoAdy-&6 others for services- rendered in conjunction with subject. "closing!'. (such as.'balances ovyw- to
existingmortgages, loan costs associated with ;inew ft1oitga#e,.sufv6y* wriiihd or roof inspection -fees, or
other such'costt or fees due), not collected. or paid for out of -closing funds, remain the responsibility of
the contracting .pari} to so OAy., atno the collection and remittance bf such fees; costs or ind6tedness. by
the closing.. agent is a courtesy service prpvi4e4 -.by tho.-cl.o4ing agent, with tho:cb nitY.actifigparty remaining
-liable for payment,6f any.Mkh fee; or shortages, not collocted.-from the•obligated party coincident to1he
.HOMEOWNER'S /__ -CON-ObUllN rrJM ASSOCIATION(S) (IV APPLICABLE.): The Buyer
acknowledges the tgisiefice.of any homeowners. and/or c<jtldontini)im.as.sQ.ciati.oti(s) and, is aware; that
:monthly, quarterly or 'annual maintenance - assessments may b6..due to said associdl6n(:). Said
association(s)-may also have the authority to regulate and en fore.o. qommun ity covenants -And. xtstridtioids,
PR0P5Y__TY'C0ND.lT[0N': Closing Agent does not, rnake.any roptesefitations or warrantles.. nor assome
airy 'r rep'its to the property.
iability, with.. respect to condition of the property -and any 4
.SU'P,VPsY(lF REOURED OR OBTAINED): The "Buyer, hereby acknovWges' receipt of -a- copy. --d any
survey prepared ar6d for the'sObjeef transaction. The Buyer has reviewed sal.d.survey qt)d acceptt title sOject
.(o the matters set" forth oh.sa id survey.
:CLOSING/SETTLEMENT STATEMENT-' Closing Agent does.- not adjust -and/or assume liability for
charges- for water, rent, ,gas; electricity, taxes on, personal property; garbage -taxes. or fees, .11cens; taxes,
associationassessments or:dues, or estoppel info rmiatioti N> niihcd by. mortpgeb& �or others: Sometimes
recording, fees and wuridr&xpress mail fees may vary- due--tQr1he.onkno.wn- amounts:at the time -ofd[osing.
Therefore,, the ,parties Acknowledge her.eto, that.. monies collected for -rec.prding and cqurier/exprqss mail
file No.: VU4.ma�,
fees may bex..moteor less than the amount -Collected on the closing statement. Any.shortfalls or. -overages
shall; be considered the cost cif doing.. businest. Closing Ageht, will noithi�e �rdfuna of collectsaid
-
,differences The cl - osi nig . /settfiement statement ' I as. ., been reviewed. And approved, and the Closing Agent is
irrevocablyauthorize 4.tomakt:disbuiserrientsinaccordanee'thereNvith.-
CM. M8NT MOktGAGE-S AND- k-E;kL. ESTATE TAX-_*t_8:,'I7he Selle.r acknowledges that the payoff
Altemeftfredeived by'the Closing 'Agent --from the-.01-urrdrit mortgagees may be subject to final audit- after
receipt of the payqff f4ricts =suiting in -a demlind by said, mortgagee for additional funds and Stlleeagrees
to-ftld Atlantic Coastal i amil Title Cqmp;ipy LLC hum-ric;ss f6r the loss or damage incurred due.,to any
iriapcurae.pay6ff balante whethef in writing oriv'lell verbally and agrees to pay thr, sbortage-irpmodkOft
to Atlantic Coastal Land Title Comp. jiy LLE.
The Soller ffirthdragmes that responsibiliiy. fbf unpaid
real plropetty taxes afidlor gsscssrftehts not c6lWted 9r;0rorated coincident to 61,osih& notwithstanding any
-error-or omission. on behalf -ofthe c1psing.agept'hi,reporting, collecting, prdikbvering same; shall ttmain
the tesponsibility. of Seller.
PARTIES: "gi-,11ce' and "Buyq?Iridiqate �iingp 14f 6e p!4ml, as- the context 56 re4uire§. of 'adrWits.
Cleghorn Shoe Corporation, q MAssaAUsQ#S Indlain Itiv.0 Cob kity,Ylorida, a political,
corporation, as-suctessoe1d Miami GArdens, :stibd . ivi oil of the S.. •iridq
Inc.
By:
PY: S D Cz t -Aitorney
usad Pro" o ppm, -Y... - un v
Andrew L. Ansin, Vice, President Date: .55
Date:
Address:
E -Mail Address:
$jELLER.(S) A DDRESS' AND PHONE NUMBED (S) AFTER CLOSING
Phone Nubi - ber(s)
14ome:
Work:
Other:
Pagel arz
File Nac'202417260 Lh
fees may be more or less than the am amount collected onthe cldsih gtatement.-Any s'hortfillsbrovera*ges
o ected
shall be considered the: cost of doing business. Closing Agent, will neither refund or collect said
differences The closing/settlement statemen.t has beea reviewed and approved, and the Closing- Agent is
irrevocably authorized to make.disbursemonts in accordance therewith..
CURRENT- M0RTGAQE13 AND REAL ESTATE TAXES: The Seller acknowledges that the.payoff
statement received by. the tlosing Agent .-ftm the current mortgagees .may be subject to filial audit after
.receipt of -the payoff, funds r9sultingin.a demand byAaid-mort e additional gage for 104al ffinds and Seller agrees
to -Bold Atlantic Coastal Land. Title Company LLC harmless_ for the -loss oudamage incurred; due to an
inaccurate payoff balance whether
her in writing or,givon yerbally.aud. 4grees to pay the, sho gMap immediately
med lely
.to Atlantic Coastal Land Title Company LLC. The, ScIler4urther agrees that respQnsibifity for Unpaid
teat property taxes and/or assessmeuts'not collected or prorated coincident to, closing,,notwithstailding any
error or omission
mission on behalf of the closing. agent in reporting, collecting, at discovering same, shall remain
the xes onsibiliry of Seller.
PARTIES, "Seller" and "Biiyei' indicates singular or,plurall as thezozitexf so -requires or admits;..
Cleghorn Shoo Corporation, a Massacbuseltts, Indian diver Coujity,.Florlda, a political
corporadon,,as successor to Atarni Gardens, subdivisioa of theSt2fte:bf Florida
Inc. By:
By: Susan Prado, Deptity. County. Attorney
Ahdrew L.;Ansin,*
,�President Date!
Date:
SELLER(S) ADDRESS AND PHONRNUTMBER(S),AFTER CLOSING
Address:
)
B -Mail Address, A"44t k (I.) Id(.JN
Fir No.: 20244Z66
Phone, Number(s)
Home: ,
Work-. 31)
Other:
Pao 2 of 2..
cis