HomeMy WebLinkAbout2024-313AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE
BETWEEN INDIAN RIVER COUNTY AND/OR ASSIGNS
AND ROCKER SEBASTIAN, LLC
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the day of December 3 , 2024_, by and between
INDIAN RIVER COUNTY. 1801 27`h Street, Vero Beach, FL 32960, a political subdivision of
the State of Florida and/or assigns ("the Buyer"), and, Rocker Sebastian LLC ,("the Seller)
who agree as follows:
WHEREAS, Seller owns property located at +-11.76 acres of land located at
Property located at 11075 US HIGHWAY 1, Sebastian, FL 32958 . A legal description of
the property is attached to this agreement as Exhibit "A" and incorporated by reference
herein; and
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter, the BUYER and SELLER agree as follows.
1. Recitals. The above recitals are affirmed as being true and correct and are
incorporated herein.
2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the Buyer,
and the Buyer hereby agrees to purchase from Seller, upon the terms and conditions set
forth in this Agreement that certain parcel of real property located at 11075 US HIGHWAY 1,
Sebastian, FL 32958 (Parcel A) and more specifically described in the legal descriptions
attached as Exhibit "A", fee simple, containing a total of approximately +/-11.76 acres, all
improvements thereon, together with all easements, rights and uses now or hereafter
belonging thereto (collectively, the "Properties").
2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Properties shall be $ 1,400,000.00 (One Million and Four Hundred 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 and
delivered via email the executed Agreement.
2.2 Deposits. Within fourteen (14) days of the Effective Date of this Agreement,
BUYER shall deposit, and cause to be placed in an escrow account maintained by the
Escrow Agent the amount of TWENTY-FIVE THOUSAND AND 00/100 DOLLARS
($25,000.00) to be paid in the manner described below ("Earnest Money"). 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 the Seller default hereunder,
the Buyer shall be entitled to an immediate refund of the entire sum of the Earnest Money
held by the Escrow Agent.
An additional ONE HUNDRED THOUSAND AND 00/100 DOLLARS
($100,000.00) shall be deposited with Escrow Agent within five (5) business days
following the expiration of the Inspection Period. The first deposit of TWENTY-FIVE
THOUSAND AND 00/100 DOLLARS ($25,000.00) is referred to as the "Inspection
Period Deposit", and the second deposit of ONE HUNDRED THOUSAND AND
00/100 DOLLARS ($100,000.00), is referred to as the "Contract Period Deposit".
Both deposits together shall cumulatively be referred to as the "Contract Deposit".
If Buyer has not terminated the Contract on or before end of the Inspection Period,
and then fails to close for any reason, Seller shall retain the full Contract Deposit
as liquidated damages for Buyer's default.
Buyer and Seller hereby appoint The Law office of Barry G. Segal, P.A, to act as
the Escrow Agent for the transaction contemplated by this Agreement and to hold
the Earnest Money in escrow subject to the terms of this Agreement.
3. Title. Seller shall convey marketable title to the Properties by warranty deed free of
claims, liens, easements and encumbrances of record or known to Seller; but subject to
property taxes for the year of Closing and covenants, restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing; and (b) none of the foregoing prevents Buyer's intended use and development of
the Properties ("Permitted Exceptions"). The current year property taxes will be prorated
at the time of closing.
3.1 Buyer may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Properties. Buyer shall within thirty (30) days following the
Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall
be deemed acceptable to Buyer if (a) Buyer fails to deliver notice of defects within the time
specified, or (b) Buyer delivers notice and Seller cures the defects within thirty (30) days
from receipt of notice from Buyer of title defects ("Curative Period"). Seller shall use best
efforts to cure the defects within the Curative Period and 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
shall be of no further force and effect, or (ii) extend the Curative Period for up to an
additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.
4. INSPECTIONS.
Inspections. Buyer, its agents, employees, and representatives shall have ninety (90)
days after the Effective Date to perform any and all inspections of the Property 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 Property for purposes of on-site inspection,
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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 at its discretion,
a Phase II Environmental Audit for which it will be granted an additional thirty (30) day
extension to the Inspection Period and Closing Date.
4.1 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 along with a
copy of all inspection reports and test results to Seller and/or Seller's counsel and receive
the immediate refund of all deposit monies paid to date. Upon such receipt of the inspection
reports/test results and cancellation notice , 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. Buyer shall have up to
15 days after receipt of the cancellation notice to provide the inspection reports / test
results. Release of the deposit shall not be contingent upon anything within the
reports/results but solely on the receipt of same by Seller and /or Seller's counsel.
4.2 Restoration. Buyer shall restore any damage to the Property caused by Buyer's inspection
of the Property except in the event of any gross negligence or misconduct by Seller or its
agents. Notwithstanding anything contained herein to the contrary, Buyer shall not indemnify
or hold Seller harmless with respect to, and Buyer shall not be required to, remove, remediate,
dispose or otherwise deal with any "Hazardous Substance", sampling derived from the
Property containing Hazardous Substances which it finds in connection with its Due Diligence
Investigations of the Property.
5. Representations of the Seller.
5.1 Seller is indefeasibly seized of marketable, fee simple title to the Properties, and 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.
5.2 From and after the Effective Date of this Agreement, Seller shall take no action
which would impair or otherwise affect title to any portion of the Properties, and shall record
no documents in the Public Records which would affect title to the Properties, without the
prior written consent of the Buyer.
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5.3.1 There are no existing or pending special assessments affecting the Properties, which
are or may be assessed by any governmental authority, water or sewer authority, school
district, drainage district or any other special taxing district.
6. Default.
6.1 In the event the Buyer shall fail to perform any of its obligations hereunder, the Seller
shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the Buyer at or prior to the Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance, damages, or
otherwise against the Buyer; or (ii) waive the Buyer's default and proceed to Closing.
6.2 In the event the Seller shall fail to perform any of its obligations hereunder, the Buyer
shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the Buyer nor
any other person or party shall have any claim for specific performance, damages or
otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions
hereof; or (iii) waive the Seller's default and proceed to Closing:
7. Closing.
7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within thirty (30) days following the expiration of the Inspection Period. .
The parties agree that the Closing shall be as follows:
(a) The Seller shall execute and deliver to the Buyer a warranty deed conveying
marketable title to the Properties, free and clear of all liens and encumbrances and in the
condition required by paragraph 3.
(b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails
to do so, Buyer may use a portion of Purchase Price funds to satisfy the encumbrances.
(c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the Buyer
an affidavit, in a form acceptable to the Buyer, certifying that the Seller and any interest
holders are not subject to tax under the Foreign Investment and Real Property Tax Act of
1980.
(d) The Seller and the Buyer shall each deliver to the other such other documents or
instruments as may reasonably be required to close this transaction.
7.2 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 the Seller. Current year taxes shall be prorated between the parties as of the date
of closing.
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8. Personal Property.
8.1 The Seller shall have removed all of its personal property, equipment and trash from
the Properties. The Seller shall deliver possession of the Properties to Buyer vacant and in
the same or better condition that existed at the Effective Date hereof.
9. Closing Costs; Expenses. Buyer shall be responsible for preparation of all Closing
documents.
9.1 Buyer shall pay the following expenses at Closing:
9.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement.
9.1.2 Documentary Stamps required to be affixed to the warranty deed.
9.1.3 All costs and premiums for the owner's marketability title insurance commitment and
policy, if any.
9.1.4 Costs of any title commitment / title search and/or lien searches.
9.2 Seller shall pay the following expenses at or prior to Closing:
9.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the
Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Properties.
10. Miscellaneous
10.1 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.
10.2 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.
10.3 Assiqnment and Binding Effect. Buyer may assign its rights and obligations under
this Agreement without the prior written consent of the other party. The terms hereof shall
be binding upon and shall inure to the benefit of the parties hereto and their successors
and assigns.
10.4 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:
791 Crandon Blvd Apt 1206
Key Biscayne FI 33149
Legal and will be there after 10/25
after then 43 Minnisink Road
Short Hills NJ 07078
If to Buyer: Indian River County
Attn. Public Works Director
1801 27th Street
Vero Beach, FL 32960
(772) 226-3490
Either party may change the information above by giving written notice of such change as
provided in this paragraph.
10.5 Survival and Benefit. Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith, shall
survive the Closing Date and the consummation of the transaction provided for herein. The
covenants, agreements and undertakings of each of the parties hereto are made 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.
10.6 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.
10.7. Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall constitute an original.
10.8 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.
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11. Broker Fees. Collies International represents the Buyer in this transaction. The Seller
shall pay the buyers broker 3% of the total price at closing.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
s h E. Flescher, Chairman
Dot
e pproved: December 3, 2024
ATTEST: Ryan Butler
Clerk of the Court and Comptroller
APPROVED AS TO FORM:
4pher Hicks
County Attorney
Seller: Rocker Sebastian, LLC
APPROVED
John A. I imanicn, ji.
County Administrator
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EXHIBIT "A"
PARCEL A
Legal Description:
Csnsamclow at the Southeast corns at Go ernment Lot 3.
Section 0. %oomlrlp 31 South, Raw9e 10 Cast. own North
89'36'19' Mast a distance of 15.91 twat to a polat on the
present Meet right of way lir of D.S. Wigliwy 4t, said
point below the point of beg►smseeg ter the following metes
and been d■ desariptaon: From sold point of beginning run
Worth 89'36' it' Mast as the South lime of said Government
Lot 3 a distance of 58S.34 toot to a point on the twat
right ofreg llae of a c-ounty road. said raght of war
beano 30 feet sant of and parallel to the East right of
way lane of the Florida toot Coast Railroad. From said
point ran north 71'47119' West and para11e3 to the
aforesaid Rant right of wayy of the Florida tost Coast
Railroad a distance of 1205.64 feet to a point use the last
right of way line of eforesaad oawtyy reads thence tun
north 89.16.10' West a distanme of 37.17 toot to the Bast
right of way line of the Florida toot Coast Nailroads
tlesnN tan North 21.42'19' most along aforesaid tort right
of way line of the Florida Rant Coast Railroad a d►stanoe
of 131.26 foot to a point on the north line of aforesaid
Government Lot 1; thane run South 60'38'19' Rostal
sold W rth lir of Goveremest Lot 3 a distance of 100.14
teat to a point on the Met right of way line of the
present U.S. Highway no. is thence was south 2S'S7'S9'
Last &Soap the most right of way of D.S. Highway No. 1 a
distance of 1479.19 feet to the point of beginning. All of
the above land lying an that part of Government tot 3,
Sectlom 6. Tow"hi 31 South, tants 39 past, Between the
Mast tlgbt of may fins of U.R. Highway no. i and the "at
right of way line of the Florida Cast Coast Railroad, long
county road, LRSS TNM rOLLOblI.G OGSMISIMrm ►ANCSLs
Coawenelow at the Southeast corner of Government Lot
Section t, Township 31 South, Range 31 test, ran North
09'36'19' West a distance of 40.91 feet to a point me the
Present West right of way lane of U.S. Highway No. 1 said
point below the point at "inning for the following setws
and bounds deenriptioat Frew said point of beginning. run
north 89.34'19' blest on the South lime of said Government
Lot 3 a distance of 142.74 feet: thence run North
26'01'20' most, 370.42 toot; thence rum South s9.35'li'
Last. 243.16 feet mere or lean to a stool pan on the
aforesaid asret right of way Has of U.S. naghway Wn. 1;
thence run South 23'57'49• Bast alone said right of way
lane 170 toot to the pc,int of beginning. AND ALSO,
cosmeoatmg at the Southeast corner of Goveroment Lot 1,
Seotion S. Tommeshlp 31 South. mange 39 toot, ran north
40.34'19' Want a distance of 45.93 feet to a point on the
present West right of tool lime of D.S. nigbwor no. I;
thence ren North 09'36'19' Most as the south line of said
C.overvmwnt Wt 1. a distance of 242.34 foot to the point
ofbeglnnlng. Fro. the point of beginning continua North
40.16 19' want, 341.0 feet to the taut right of ray 11"
of county road, said right of way belwn�g 30 feet Gist o,
parallel to the tact right of way lane of the Florida Bast
Coast sallroads thence run North 21912'19* Most and
Parallel to the aforesaid taut right of way of the Florida
Last Coast Railroad a distance of 3S4 toot to a points
theme* run south S9.15'1S' Rest. 117.60 toots %bonras ran
South 26144120' Cast, 370.42 toot to she point of
bellaaing.
0.a. as? p0 "M%
Prepared by and return to:
May Lee
Paralegal
Barry G. Segal, P.A.
3096 Cardinal Drive Suite 2C
Vero Beach, FL 32963
772-567-5552
File Number: 24-455
Will Call No.: Box 92
E RECORDED DOCUMENT
Official Records Book 3764 Page 2435 of the Public
Records of Indian River County, Florida
Date: March 31, 2025 Time: 3:45 p.m.
Documentary stamps: $9,800.00 Int. Tax: $0.00
CFN: 3120250015748 Page 1 of 6
[Space Above This Line For Recording
Warranty Deed
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
This Warranty Deed made this 28th day of March, 2025 between Rocker Sebastian LLC, a Florida limited liability
company whose post office address is 791 Crandon Boulevard, #1206, Key Biscayne, FL 33149, grantor, and Indian
River County, a political subdivision of the State of Florida whose post office address is 1801 27th Street, Vero Beach,
FL 32960, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Indian River County, Florida to -wit:
Commencing at the Southeast corner of Government Lot 3, Section 8, Township 31 South, Range 39
East, Run North 89036119" West a distance of 48.93 feet to a point on the present West right of way
line of U.S. Highway #1, said point being the point of beginning for the following metes and bounds
description: From said point of beginning run North 89036'19" West on the South line of said
Government Lot 3 a distance of 585.38 feet to a point on the East right of way line of a county road,
said right of way being 30 feet East of and parallel to the East right of way line of the Florida East
Coast Railroad. From said point run North 21°42'19" West and parallel to the aforesaid East right of
way of the Florida East Coast Railroad a distance of 1295.94 feet to a point on the East right of way
line of aforesaid county road; thence run North 89°36'19" West a distance of 32.37 feet to the East
right of way line of the Florida East Coast Railroad; thence run North 21°42'19" West along
aforesaid East right of way line of the Florida East Coast Railroad a distance of 134.26 feet to a point
on the North line of aforesaid Government Lot 3; thence run South 89°38'19" East along said North
line of Government Lot 3 a distance of 499.15 feet to a point on the West right of way line of the
present U.S. Highway No. 1; thence run South 25°57'59" East along the West right of way of U.S.
Highway No. 1 a distance of 1479.39 feet to the point of beginning. All of the above land lying in that
part of Government Lot 3, Section 8, Township 31 South, Range 39 East, Between the West right of
way line of U.S. Highway No. 1 and the East right of way line of the Florida East Coast Railroad, less
county road, LESS THE FOLLOWING DESCRIBED PARCEL: Commencing at the Southeast
corner of Government Lot 3, Section 8, Township 31 South, Range 39 East, run North 89°36'19"
West a distance of 48.93 feet to a point on the present West right of way line of U.S. Highway No. 1
said point being the Point of Beginning for the following metes and bounds description: From said
point of beginning, run North 89°36'19" West on the South line of said Government Lot 3 a distance
of 242.38 feet; thence run North 26°04'20" West, 370.42 feet; thence run South 89°35'15" East,
243.18 feet more or less to a steel pin on the aforesaid West right of way line of U.S. Highway No. 1;
thence run South 25057'59" East along said right of way line 370 feet to the point of beginning, AND
ALSO, commencing at the Southeast corner of Government Lot 3, Section 8, Township 31 South,
Range 39 East, run North 89°36'19" West a distance of 48.93 feet to a point on the present West right
of way line of U.S. Highway No. 1; thence run North 89036'19" West on the South line of said
Government Lot 3, a distance of 242.38 feet to the point of beginning. From the point of beginning
DoubleTime®
A TRUE COPY
CERTIFICATION ON LA5T PAGE
RYAN L. BUTLER, CLERK
continue North 89°36'19" West, 343.0 feet to the East right of way line of county road, said right of
way being 30 feet East of parallel to the East right of way line of the Florida East Coast Railroad;
thence run North 21042'19" West and parallel to the aforesaid East right of way of the Florida East
Coast Railroad a distance of 358 feet to a point; thence run South 89°35'15" East, 312.60 feet; thence
run South 26°04'20" East, 370.42 feet to the point of beginning.
Parcel Identification Number: 31-39-08-00000-0030-00002/0
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2024.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Warranty Deed - Page 2 DoubieTime®
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Signed, sealed and delivered in our presence:
Bastian LLC, a Floirda limited liability company
rdward Perna licz �''`""l�' y:
Witness Name: _ _ m „ _ D Rocker, Managing Member
Witness Address: CP 1 S e- . 3 rd
14/a/eeth , FL 330/3
Witness Name: (E2 2 oo
Witness Address : ��CL ""- /�C—� j� C7
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me by means of [X] physical presence or L] online notarization, this
day of March, 2025 by David Rocker, Managing Member of Rocker Sebastian LLC, a Floirda limited liability
company, on behalf of the company, who [j is personally known to me or [X] has produced a driver's license as
identification.
[Notary Seal]
JEAN A. CALIXTE
_ Notary Public - State of florlda
Y Commission # HH 137811
M Comm. Expires Sep 27, 2025
Bonded through National Notary Assn.
Notary Public
Printed
My Commission Expires: e
�4
go
Warranty Deed - Page 3 DoubleTimeO
RESOLUTION
IN THE MATTER OF:
ROCKER SEBASTIAN LLC,
a Florida limited liability company
(the "Company")
791 .Crandon Boulevard
Apt. 1206
Key Biscayne, Florida 33149
Date of Formation: December 17, 2012
Sole Member:
David Rocker
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Since there has been presented to and discussed at this meeting a form of agreement of
purchase and sale where property of Company is to be sold, conveyed, and transferred to Indian
River County, a political subdivision of the State of Florida (Buyer), on the general terms. and
conditions as set forth in that certain contract between the Company and Buyer; and
Since the sole member and manager deem it to be for the best interests of the Company that
the property, specifically, that property described in Exhibit "A", be sold, conveyed and transferred
to Buyer as stated in the form of agreement of purchase and sale, a true copy of the form of which is
to be inserted in the minute books of the Company immediately following the minutes of this
meeting, it is hereby recommended that the transaction be consummated;
It is resolved that the Company sell, convey, assign, set over, transfer, and deliver to Buyer,
the property described in Exhibit "A" pursuant to the terms and provisions of, and for the
consideration provided in the agreement of purchase and sale which has been presented to and
discussed at this meeting; and
The Sole Member of the Company is listed above and the party signing below constitutes the
managing member of the Company.
Resolved further that David Rocker, the sole member is authorized, empowered, and directed
to execute and deliver, on behalf of the Company, the contract of sale and, on behalf of the
Company, to* execute and deliver, on consummation of the sale, all the deeds, bills of sale,
assignments, and other instruments of transfer, and do all other things, on behalf of the Company,
convenient or necessary to carry out the contract of sale and to execute any and all documents, on
behalf of the Company, to that end.
Dated: This day of March, 2025
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
I oc er
Managing Member
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
E_.. •bit «A,,....
Commencing at the Southeast corner of Government Lot 3, Section 8, Township 31 South, Range 39
East, Run North 8903619" West a distance of 48.93 feet to a point on the present West right of way
line ofU.S. Highway #1, said point being the point of beginning for the following metes and bounds
description: From said point of beginning run North 89036'19" West on the South line of said
Government Lot 3 a distance of 585.38 feet to a point on the East right of way line of a county road,
said right of way being 30 feet East of and parallel to the East right of way line of the Florida East
Coast Railroad. From said point run North 21'42'19" West and parallel to the aforesaid East right of
way of the Florida East Coast Railroad a distance of 1295.94 feet to a point on the East right of way
line of aforesaid county road; thence run North 89036'19" West a distance of 32.37 feet to the East
right of way line of the Florida East Coast Railroad; thence run North 2104219 " West along
aforesaid East right of way line of the Florida East Coast Railroad a distance of 134.26 feet to a point
on the North line of aforesaid Government Lot 3; thence run South 89°3 8'l 9" East along said North
line of Government Lot 3 a distance of 499.15 feet to a point on the West right of way line of the
present U.S. Highway No. 1; thence run South 25°57'59" East along the West right of way of U.S.
Highway No. 1 a distance of 1479.39 feet to the point of beginning. All of the above land lying in
that part of Government Lot 3, Section 8, Township 31 South, Range 39 East, Between the West
right of way line of U.S. Highway No. 1 and the East right of way line of the Florida East Coast
Railroad, less county road, LESS THE FOLLOWING DESCRIBED PARCEL: Commencing at the
Southeast corner of Government Lot 3, Section 8, Township 31 South, Range 39 East, run North
89°36'19" West a distance of 48.93 feet to a point on the present West right of way line of U.S.
Highway No. 1 said point being the Point of Beginning for the following metes and bounds
description: From said point of beginning, run North 8903619" West on the South line of said
Government Lot 3 a distance of 242.38 feet; thence run North 26004120" West, 370.42 feet;.thence
run South 89035'15" East, 243.18 feet more or less toa' steel pin on the aforesaid West right of way
line of U.S. Highway No. 1; thence run South 25°57'59" East along said right of way line 370 feet to
the point of beginning, AND ALSO, commencing at the Southeast corner of Government Lot 3,
Section 8, Township 31 South, Range 39 East, run North 89036'19" West a distance of 48.93 feet to a
point on the present West right of way line of U.S. Highway No. 1; thence run North 899619" West
on the South line of said Government Lot 3, a distance of 242.3 8 feet to the point of beginning. From
the point of beginning continue North 89°36'19" West, 343.0 feet to the East right of way line of
county road, said right of way being 30 feet East of parallel to the East right of way line of the
Florida East Coast Railroad; thence run North 21'42'19" West and parallel to the aforesaid East right
of way of the Florida East Coast Railroad a distance of 358 feet to a point; thence run South
89035115" East, 312.60 feet; thence run South 26°04'20" East, 370.42 feet to the point of beginning.
(American Land Title Association - Owner's Policy Adopted 6/17/2006) (With Florida Mcii11WMAOPY
CERTIFICATION ON LAST PAGE
OWNER'S POLICY OF TITLE INSURANCE
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
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 Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,
AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company")
insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by
reason of -
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk 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) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by
electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by
an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing
improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located
on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but
only to the extent of the violation or enforcement referred to in that notice.
(Covered Risks continued)
In Witness Whereof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed
as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company.
OLD REPUBLIC NATIONALTITLE INSURANCE COMPANY
A Stock Company
400 SecondAvenoa South, Minneapolis, Minnesota 55401
t612)371-1111
By / ' `/ Y / o�� President
Attest ���. ipj-�l�-+-.�,�p Secretary
SERIAL
OF6-9166489
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 1 of 5
File Number: 24-455 DoubleTime® 9.4
Old Republic National Title Insurance CompaTRUE
RT Fica-roN ON LAST PAGE
RY N L. BUTLER, CLERK
Policy No.:
OF6-9166489
Amount of Insurance: $1,400,000.00
OWNER'S POLICY
Schedule A
Date of Policy: Agent's File Reference:
March 31, 2025 @ 03:45 PM 24-455
Address Reference: 11075 US Highway 1, Sebastian, FL 32958
Premium: $6,075.00
1. Name of Insured: Indian River County, a political subdivision of the State of Florida
2. The estate or interest in the Land that is insured by this policy is: FEE SIMPLE as shown by instrument recorded as
Document No. 3120250015748 in Official Records Book 3764, Page 2435, of the Public Records of Indian River
County, Florida.
3. Title is vested in: Indian River County, a political subdivision of the State of Florida
4. The Land referred to in this policy is described as follows:
Commencing at the Southeast corner of Government Lot 3, Section 8, Township 31 South, Range 39 East,
Run North 89°36'19" West a distance of 48.93 feet to a point on the present West right of way line of U.S.
Highway #1, said point being the point of beginning for the following metes and bounds description: From
said point of beginning run North 89°36'19" West on the South line of said Government Lot 3 a distance of
585.38 feet to a point on the East right of way line of a county road, said right of way being 30 feet East of
and parallel to the East right of way line of the Florida East Coast Railroad. From said point run North
21°42'19" West and parallel to the aforesaid East right of way of the Florida East Coast Railroad a distance
of 1295.94 feet to a point on the East right of way line of aforesaid county road; thence run North 89°36' 19"
West a distance of 32.37 feet to the East right of way line of the Florida East Coast Railroad; thence run
North 21°42'19" West along aforesaid East right of way line of the Florida East Coast Railroad a distance of
Issuing Agent:
Barry G. Segal, P.A.
3096 Cardinal Drive
Suite 2C
Vero Beach, FL 32963
s:2012011s
Form OF&SCH.-A (rev. 12/10)(With Florida Modifications)
Old Republic National Title Insurance Company
1408 Westshore Blvd, Suite 900, Tampa, Florida 33607, (612) 371-1111
Agent No.: 23887
Attorney at Law
Page 1 of 3
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Republic National Title Insurance Com a a RTIF COPY
Old Re
h p L�YF2TIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
OWNER'S POLICY
Schedule A (Continued)
Policy No.: Agent's File Reference:
OF6-9166489 24-455
134.26 feet to a point on the North line of aforesaid Government Lot 3; thence run South 89°38'19" East
along said North line of Government Lot 3 a distance of 499.15 feet to a point on the West right of way line
of the present U.S. Highway No. 1; thence run South 25°57'59" East along the West right of way of U.S.
Highway No. 1 a distance of 1479.39 feet to the point of beginning. All of the above land lying in that part
of Government Lot 3, Section 8, Township 31 South, Range 39 East, Between the West right of way line of
U.S. Highway No. 1 and the East right of way line of the Florida East Coast Railroad, less county road,
LESS THE FOLLOWING DESCRIBED PARCEL: Commencing at the Southeast corner of Government
Lot 3, Section 8, Township 31 South, Range 39 East, run North 89036'19" West a distance of 48.93 feet to a
point on the present West right of way line of U.S. Highway No. 1 said point being the Point of Beginning
for the following metes and bounds description: From said point of beginning, run North 89036'19" West on
the South line of said Government Lot 3 a distance of 242.38 feet; thence run North 26004'20" West, 370.42
feet; thence run South 89°35'15" East, 243.18 feet more or less to a steel pin on the aforesaid West right of
way line of U.S. Highway No. 1; thence run South 25057'59" East along said right of way line 370 feet to
the point of beginning, AND ALSO, commencing at the Southeast corner of Government Lot 3, Section 8,
Township 31 South, Range 39 East, run North 89036'19" West a distance of 48.93 feet to a point on the
present West right of way line of U.S. Highway No. 1; thence run North 89°36'19" West on the South line
of said Government Lot 3, a distance of 242.38 feet to the point of beginning. From the point of beginning
continue North 89°36'19" West, 343.0 feet to the East right of way line of county road, said right of way
being 30 feet East of parallel to the East right of way line of the Florida East Coast Railroad; thence run
North 21°42'19" West and parallel to the aforesaid East right of way of the Florida East Coast Railroad a
distance of 358 feet to a point; thence run South 89°35'15" East, 312.60 feet; thence run South 26°04'20"
East, 370.42 feet to the point of beginning.
Form OF&SCH.-A (Continued) (rev. 12/10)(With Florida Modifications)
Page 2 of 3
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h h TIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
OWNER'S POLICY
Schedule B
Policy No.: Agent's File Reference:
OF6-9166489 24455
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise
by reason of:
Easement to Indian River County recorded in O.R. Book 837, Page 1392, Public Records of Indian River County,
Florida.
2. Amended Easement Deed by Court Order in Settlement of LandOwner Action recorded in O.R. Book 2643, Page
1013, as affected by O.R. Book 2677, Page 1567, O.R. Book 2711, Page 2261, O.R. Book 2719, Page 2072, Public
Records of Indian River County, Florida.
3. Resolution of Special Assessments recorded January 26, 2024, in O.R. Book 3674, Page 2122, Public Records of
Indian River County, Florida.
Form OF&SCH.-B (rev. 12110)(With Florida Modifications)
Page 3 of 3
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6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if ffMjqeLQAWUMeftEf%ion,
describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title
to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state
insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its 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 Date of Policy and prior to the recording of the deed or other instrument of transfer in
the Public Records that vests Title as shown in Schedule A.
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 expressly 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.
f1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii)the subdivision of land; or
(iv)environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at 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 Date of Policy; or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the
Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real.estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or
decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) the term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal
representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured,
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 2 of 5
A TRUE COPY
(2) if the grantee wholly owns the named Insured, CERTIFICATION ON LAST PAGE
RYAN L BUTLER CLERK
(3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated En" fity and the named Ensured are both
wholly-owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate
planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against
any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the
Public Records or any other records that impart constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not
include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting
streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from
the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by
law.
(i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also
include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land
is located.
0) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or
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.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest
in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall
have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the
Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case
Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage
for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected 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 the policy shall be
reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage, 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, or other matter insured against by this
policy that constitutes the basis of loss or damage and shall 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 Section 7 of these Conditions, the Company, at its own cost and without
unreasonable delay, shall 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 shall have 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 stated causes
of action. It shall not be 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 those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, 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 shall be liable to the
Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights
under this subsection, it must do so diligently.
(c) Whenever 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 of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the
Insured shall secure to the Company the right to so 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. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in 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 the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such
cooperation.
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 3 of 6
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(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized repFeYe''A1Kt6dL16Y Y&n$ d
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 Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized
representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information
designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of the claim. 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 this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to
that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have 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 together with 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, all liability and obligations of the Company to the Insured under this policy, other than to make the
payment required in this subsection, shall terminate, including any liability or 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 other parties for or in the name of an Insured Claimant any claim insured against 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; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with 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 of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under
this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or
damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant
or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with
Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or
cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any
appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be 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.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attomeys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the
payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall 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 Date of Policy and which is a charge
or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant
FORM OF6 (rev. 12110) (With Florida Modifications) Page 4 of 5
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CERTIFICATION ON LAST PAGE
in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any "Aq# pr SW IrMic(IhEtiftnt of the
amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute
documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit 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. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding
any terms or conditions contained in those instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be
demanded if agreed to by both the Company and the Insured at the time of the controversy or claim. Arbitrable matters may include, but are not limited to,
any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its
issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand
for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator (s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the
Company. In interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be
restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule
A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the
endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the
Date of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to
include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged
therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of
title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the
Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its 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 within
the United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
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
400 Second Avenue South, Minneapolis, Minnesota 55401-2499, Phone: (612) 371-1111.
FORM OF6 (rev. 12/10) (With Florida Modifications) Page 5 of 5
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Buyer/Seller A TRUE COPY
A. Settlement Statement Settlement Statement '-coTlrrr-AT10N ON LAST PAGE
B. Type of Loan RYAN L.BUTLER, CLERK
i..j 1. FHA (1 2. FmHA 3. Cony. Unins. 1 6, File Number 7. Loan Number 8. Mortg. Ins. Case Num.
G1 4. V.A. ��. 5. Cony. Ins. 24-455
ID:
C. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items
marked '(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
D. NAME OF BUYER:
Indian River County, a political subdivision of the State of Florida
Address of Buyer:
1801 27th Street, Vero Beach, Florida 32960
E. NAME OF SELLER:
Rocker Sebastian LLC, a Florida limited Itability company
Address of Seller-
791 Crandon Boulevard, M1206, Key Biscayne, Florida 33149 TIN:
F. NAME OF LENDER:
104.
Address of Lender:
G. PROPERTY LOCATION:
11075 US Highway 1, Sebastian, Florida 32958
H. SETTLEMENT AGENT:
Barry G_ Segal, P.A. TIN: 65-0953275
Place of Settlemont:
3096 Cardinal Drive, Suite 2C, Vero Beach, Florida 32963 Phone: 772-567-5552
I. SETTLEMENT DATE:
3128125 DISBURSEMENT DATE: 3/28125
J Summaryof buyees transaction
rr . Gross amount due from buyer:
101. Contract sales price
_!S. Summary of selle 1. r' - s 11 transaction
400. Gross amount due to seller
1,400.000-001-4-01-. Contract sales price
-
1,400.000.00
102. Personal property
402. Personal property
103. Settlement charges to buyer (Line 1400)
16,706.75 403.
104.
404.
105.
Adjustments for items paid by-se-Ifer-in advance:
106. Cityhown taxes
405. -
Ad ustments f,
406. Cityllown taxes
107. County taxes
407. County taxes
108. Assessments
408. Assessments
109.
409.
110.
410.
111.
411.
112.
412.
120. Gross amount due from bu er:
rieamebehalf
201. Deposit or SL moy
1416 706 75 420. Gross amount duo to seller.
00 . Reductions in amount due to seller:
125,000.00 501. Excess deposit (see instructions)
1A00,000.00
202. Principal amount of new loan(s)
502. Settlement charges to seller (line 1400)
42,031.75
203. Existing loan(s) taken subject to
503. Existing loan(s) taken subject to
204. Principal amount of second mortgage
504. Payoff of first mortgage loan
205.
505. Payoff of second mortgage Loan
206.
506. Deposits held by seller
207. Principal ami of mortgage held by seller
507. Principal amt of mortgage held by seller
208.
508.--
209. 2025 Property Tax credit
mof
tems unpaid by seller!
210. Cityltown laes
nz
926.55 509. 2025 Property Tax credit
Adjustme
510. City/town taxes
926.55
211. County taxes
511. County taxes
212. Assessments
512. Assessments
213.
513,
214.
514.
215.
515.
216.
516.
217.
517.
218.
518.
219.
519.
220. Total paid by/for buyer:
300. Cash at settlement fromito uyer:
301. Gross amount due from buyer
(fine 120)
125,926.55 $20. Total reductions in amount due seller:
666. Cash at settlement foifrim-iciller
1,416.706.75 601. Gross amount due to seller
(line 420)
42,958.30
1,400.000.00
302. Less amount paid by/for the buyer
(line 220)
(125,926.55) 602. Less total reductions in amount due seller
(line 520)
(42,958.30)
303. Cash ( ✓', From To ) Buyer:
1.290,780.20 603. Cash ( [✓ To From )Seller:
1,357,041.70
Substitute Form 1099 Seller Statement: The information contained in blocks E. G. H, and t and on line 401 is important tax information and is being
fumished to the IRS. If you are required to file a return, a negligence penally or other sanction will be imposed on you it this item is required to be reported and
the IRS determines that it has not been reported.
Seller Instructions: To determine it you have to report the sale or exchange of your main home on your lax return, see Instructions for Schedule D
(Form 1040 or 1040 -SR). If not your main home, report the transaction on Form 4797, Form 6252, and/or Schedule D for the appropriate income tax form.
DoubleTime®
Buyer/Seller Settlement Statement
A TRUE COPY
CERTIGICATION ON LAST PAGE
YAllddm, UTLER, CLERK
700. Total Sales/Brokers Com. based on price S1,400,000.00 3.0000 / - 42,000.00
Paid from
Buyer's
Seller's
701. 42,000.00 3.0000 % to Colliers International Florida, LLC
Funds at
Seltlemenl
Funds at
Settlement
702.
% t0
703. Commission aid at settlement
42,000.00
704.
to
:r
801. Loan origination fee
-: to
802. Loan discount
'.4 to
803. Appraisal fee
to
804. Credit report
to
805. Lendees inspection fee
to
806. Mortgage insurance application fee
to
807- Assumption Fee
to
808.
to
809.
to
810.
to
811.
900 Items, cQ.,,cd bw tender to be paid in
901. Interest from
to
advance
to ;day
Hi,,-Poc
S.11.1poc
902. Mortgage insurance premium for
months to
903. Hazard insurance premium for
years to
904. Flood insurance premium for
years to
905.
yearsto
rtr . ReseNes deposited with lender
1001. Hazard insurance
months ®
bi.i�e,POC
per month
Seller!POC
1002. Mortgage insurance
months @
per month
1003. City property taxes
months @
per month
1004. County property taxes
months @
per month
1005. Annual assessment s
months @
per month
1006. Flood insurance
months
per month
1007,
months @
per month
1008.
months @
per month
1009. Aggregate accounting adjustment
1101. Settlement or closing fee
to Barry G, Segal, P.A.
500.00
1102. Abstractor title search
to Attorneys Title Fund Services. LLC.
275.00
1103. Title examination
to
1104. Title insurance binder
t0
1105. Electronic Document Storage
to Pioneer Records Management
25.00
1106. Notary fees
to
1107. Altomeys Fees
to
(includes above item numbers:
)
1108. Title Insurance to Old Republic Nat. TrIlelBarry G. Segal
6,075.00
(includes above item numbers:
)
1109. Lender's coverage (Premium):
1110. Owner's coverage (Premium): 51,400,000.00 (S6,075.00)
1111. Endorse:
1112.
to
1113,
r
1201. Recording fees Deed
to
$31.75 Mortgage(s)
Releases
31.75
1202. City/county taxistamps Deed
Mortgage(s)
1203. State taxtstamps Deed
59.800.00 Mor(gage(s)
9,800.00
1204. Record LLC authority
to Clerk of Court
31.75
1205.
to
rr
1301. Survey
to
--
1302. Pest Inspection
to
1303.
to
1304.
to
1305.
to
1306,
to
1307.
to
1308.
to
1309.
Enteron lines 103. Section J and 502, Section K)
16,706.75
42.031.75
DoubleTimex;
BUYER/SELLER
SETTLEMENT STATEMENT ADDENDUM
File Number: 24-455
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L- CLERK
I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief, it is a true and
accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further
i
certify that I have received a copy of the Settlement Statement.
Buyer(s)
i
Indian River County, a political subdivision of the State of Florida
By:
J fifer W Shuler
cl�nty Attorney
Seller(s)
Rocker Sebastian LLC, a Floirda limited liability company
By:
David Rocker
Managing Member
Settlement Agent
The Settlement Statement which I have prepared is a true and accurate account of this transaction. I have
caused or will cause the funds to be disbursed in accordance with this statement.
Barry G. Segal, P.A.
By:
Date:
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form.
Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001
and Section 1010.
DoubleTme@
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Non -Foreign Affidavit
Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Individual Buyer
BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer
oaths, personally appeared Jennifer W. Shuler ("Affiant") who deposes and says under penalties of perjury
that:
(When used "Affiant" and "Buyer" include singular or plural as context so requires or admits.)
Affiant is the County Attorney of Indian River County, a political subdivision of the State of Florida,
which is hereinafter referred to as `Buyer.'
2. Buyer is purchasing or acquiring an interest in the following described real property:
Commencing at the Southeast corner of Government Lot 3, Section 8, Township 31 South, Range 39 East, Run
North 8903619" West a distance of 48.93 feet to a point on the present West right of way line of U.S. Highway
#1, said point being the point of beginning for the following metes and bounds description: From said point of
beginning run North 89°36'19" West on the South line of said Government Lot 3 a distance of 585.38 feet to a
point on the East right of way line of a county road, said right of way being 30 feet East of and parallel to the
East right of way line of the Florida East Coast Railroad. From said point run North 21°42'19" West and
parallel to the aforesaid East right of way of the Florida East Coast Railroad a distance of 1295.94 feet to a
point on the East right of way line of aforesaid county road; thence run North 89°36'19" West a distance of
32.37 feet to the East right of way line of the Florida East Coast Railroad; thence run North 21°42'19" West
along aforesaid East right of way line of the Florida East Coast Railroad a distance of 134.26 feet to a point on
the North line of aforesaid Government Lot 3; thence run South 89°38'19" East along said North line of
Government Lot 3 a distance of 499.15 feet to a point on the West right of way line of the present U.S.
Highway No. 1; thence run South 25°57'59" East along the West right of way of U.S. Highway No. 1 a distance
of 1479.39 feet to the point of beginning. All of the above land lying in that part of Government Lot 3, Section
8, Township 31 South, Range 39 East, Between the West right of way line of U.S. Highway No. 1 and the East
right of way line of the Florida East Coast Railroad, less county road, LESS THE FOLLOWING DESCRIBED
PARCEL: Commencing at the Southeast corner of Government Lot 3, Section 8, Township 31 South, Range 39
East, run North 89°36'19" West a distance of 48.93 feet to a point on the present West right of way line of U.S.
Highway No. I said point being the Point of Beginning for the following metes and bounds description: From
said point of beginning, run North 89°36'19" West on the South line of said Government Lot 3 a distance of
242.38 feet; thence run North 26°04'20" West, 370.42 feet; thence run South 89135'15" East, 243.18 feet more
or less to a steel pin on the aforesaid West right of way line of U.S. Highway No. 1; thence run South 25057'59"
East along said right of way line 370 feet to the point of beginning, AND ALSO, commencing at the Southeast
corner of Government Lot 3, Section 8, Township 31 South, Range 39 East, run North 89°36'19" West a
distance of 48.93 feet to a point on the present West right of way line of U.S. Highway No. 1; thence run North
89036'19" West on the South line of said Government Lot 3, a distance of 242.38 feet to the point of beginning.
From the point of beginning continue North 8903619" West, 343.0 feet to the East right of way line of county
road, said right of way being 30 feet East of parallel to the East right of way line of the Florida East Coast
Railroad; thence run North 2I°42'19" West and parallel to the aforesaid East right of way of the Florida East
Coast Railroad a distance of 358 feet to a point; thence run South 8903511511 East, 312.60 feet; thence run South
26004120" East, 370.42 feet to the point of beginning.
3. Affiant has read the attached Notice and has been given the opportunity to consult with an attorney
4. Buyer is (Initial which is applicable):
Not a Foreign Principal as defined in §692.201, F.S. and is in compliance with the
equirements set out in §692.202-205, F.S.
OR
File Number: 24-455 DoubleTime°
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
A Foreign Principal as defined in sec §692.201, F.S. and is in compliance with the
requirements set out in §692.202-205, F.S.
Affiant acknowledges the foregoing representations will be relied upon to establish compliance with
the law.
Indian River County, a political subdivision of the
State of Florida
By:
ennifer .Shuler, County Attorney
The foregoing instrument was sworn and subscribed
before me by means of W"Physical presence or [ ] online
notarization, this ASn day of March, 2025 by Jennifer
W. Shuler, County Atto iey of Indian River County, a
political subdivision of the State of Florida, an behalf
of the company, who is [personally known to me or
[ ]produced
as identification.
`fir.► .. NAMwESTERIK
Notary kolit • State of Florida
nA` CommissionNN60911b
'ar
Printed Name: OuciiC, Wes�Gr`t�
My comm. Expires Nev 3, 2029
—
Bonded through National Notary Assn.
My Commission Expires: 1JOvevv�Der -3, okb,�kg
Closingftfdavit (Bu)er) - Page 2
File Number: 24455 OoubleTimea
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
NOTICE: FLORIDA NOW RESTRICTS THE SALE OF,PROPERTY TO
..- --FOREIGN PRINCIPALS (Secsi 692.202-205, F.S.)
THIS NOTICE DOES NOT APPLY TO CITIZENS OF THE UNITED STATES AND
PERMANENT RESIDENT ALIENS.
CAUTION: THIS NOTICE IS NOT INTENDED TO PROVIDE LEGAL ADVICE. PERSONS WHO ARE
OR MAY BE DEFINED AS "FOREIGN PRINCIPALS OF FOREIGN COUNTRIES OF CONCERN"
SHOULD CONSULT WITH AN ATTORNEY BEFORE PURCHASING OR ACQUIRING ANY
INTEREST IN REAL PROPERTY IN FLORIDA ON OR AFTER JULY 12023 LAND_ AC_Q_UIRED IN
VIOLATION OF THIS LAW MAY BE FORFEITED TO THE STATE. ^
Effective July 1, 2023, foreign principals of these foreign countries of concern are prohibited
from purchasing or acquiring any interest in certain types of Florida real property, subject to limited
exceptions:
• The People's Republic of China
• The Russian Federation
• The Islamic Republic of Iran
• The Democratic People's Republic of Korea
• The Republic of Cuba
• The Venezuelan regime of Nicolas Maduro
• The Syrian Arab Republic
• Any agency of or any other entity of significant control of such foreign country of concern
BUYERS ARE A FOREIGN PRINCIPAL IF ANY OF THESE APPLY TO THEM:
(a) The government or any official of the government of a foreign country of concern;
(b) A political party or member of a political party or any subdivision of a political party in a foreign
country of concern;
(c) A partnership, association, corporation, organization, or other combination of persons organized
under the laws of or having its principal place of business in a foreign country of concern, or a subsidiary of
such entity;
(d) Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent
resident of the United States, or
(e) Any person, entity, or collection of persons or entities, described in paragraphs (a) through (d)
having a controlling interest in a partnership, association, corporation, organization, trust, or any other legal
entity or subsidiary formed for the purpose of owning real property in Florida_
IF A BUYER IS A FOREIGN PRINCIPAL, FLORIDA LAW PROHIBITS THEM:
• From purchasing or acquiring any interest in real property in Florida classified as agricultural land' or
within 5 miles of a military installation?
r Agricultural land is defined to be that which has "agricultural classification" under F.S. 193.461.
2 "Military installation" means a base, camp, post, station, yard, or center encompassing at least 10 contiguous acres that is under the
jurisdiction of the Department of Defense or its affiliates. Sec. 692.201(5), F -S.
Closing Affidavit (Buyer) - Page 3
File Number. 24455 DoubleTimel�
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
• With limited exceptions, from purchasing or acquiring any interest in real property in Florida within 10
miles of a critical infrastructure facility or military installation;
• NOTE: Foreign principals of the People's Republic China are prohibited from purchasing or acquiring
any interest in any real property in Florida regardless of its classification, subject to the Limited
Residential Exception and Diplomatic Purposes Exception described below
CERTAIN EXCEPTIONS MAY APPLY;
• Limited Residential Exception - If the Buyer is a `natural person' subject to the law, they may still
purchase one residential real property, up to 2 acres in size, if all of the following apply:
(a) The parcel is not on or within 5 miles of any military installation;
(b) Buyer has a current verified United States visa that is not limited to authorizing tourist -based travel
or official documentation confirming that the person has been granted asylum in the United States
and such visa or documentation authorizes the person to be legally present in Florida;
(c) The purchase is in the Buyer's name, i.e., the name of the person who holds the visa or official
documentation described in paragraph (b), and
(d) The Buyer is only entitled to one residential property as described above.
• Diplomatic Purposes Exception - The real property is for diplomatic purposes as recognized,
acknowledged, or allowed by the Federal Government
' "Critical infrastructure facility" means any of the following, if it employs measures such as fences, barriers, or guard posts that are
designed to exclude unauthorized persons:
A chemical manufacturing facility.
A refinery.
An electrical power plant as defined in s. 403.031(20).
A water treatment facility or wastewater treatment plant.
A liquid natural gas terminal.
A telecommunications central switching office.
A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas.
A seaport as listed in s. 311.09.
A spaceport territory as defined in s. 331.303(18)
An airport as defined in s. 333.01.
Closing Affidavit (Buyer) - Page 4
File Number. 24-455 DoubieTimeD
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Closing Statement Addendum
Seller: Rocker Sebastian LLC, a Florida limited liability company
Buyer: Indian River County, a political subdivision of the State of Florida
Property: 11075 US Highway 1, Sebastian, FL 32958
Closing Agent: Barry G. Segal, P.A.
Closing Date: March 28, 2025
File Number: 24-455
TAX RE -PRORATION AGREEMENT: If the most recent property tax bill issued does not cover through the closing date,
then the tax prorations set forth on the settlement statement are based upon an estimate. The basis of proration as set forth on
the settlement statement is hereby accepted by the parties to this transaction. It is hereby understood and agreed that the
actual taxes, if different, will be adjusted between the parties upon demand. Closing Agent is not liable or responsible for
adjustment or re -proration of taxes. Closing Agent is not responsible or liable for additional taxes, other charges or tax
refunds, if any, and shall not be liable should any of the parties to this transaction fail or refuse to re -prorate the taxes.
AGREEMENT TO COOPERATE: In consideration for Closing Agent completing the closing referenced herein, if
requested by Lender (if any), Closing Agent, Title Agent or Title Underwriter, the parties agree to fully cooperate and adjust
for errors and insufficient funds, including the execution or re-execution of any reasonable documentation and/or the
remittance of any additional sums.
MISCELLANEOUS: Closing Agent does not make any representations or warranties nor assumes any liability with respect
to the physical condition of the property, or any repairs to the property. Buyer has been advised and encouraged to secure
hazard insurance coverage prior to completion of closing. If a survey was prepared for the subject transaction, then the Buyer
hereby acknowledges receipt of a copy thereof. The buyer has reviewed said survey and accepts title subject to the matters set
forth thereon. Buyer has received and reviewed the proposed deed and is satisfied with and approves the manner which title
is being held.
DISBURSEMENT AUTHORIZATION, ETC.: Closing Agent does not adjust or assume liability for charges for water,
rents, gas, electricity, taxes on personal property, garbage taxes or fees, license fees or taxes, service/maintenance contracts
(pest control, appliance maintenance, pool care, lawn care, alarm systems, etc.), association assessments or dues, or estoppel
information fiunished by mortgagees or others. The settlement statement has been reviewed and approved and Closing Agent
is irrevocably authorized and directed to complete the closing of the transaction and make disbursement in accordance
therewith. In the event of mortgage assumption, if Seller has received a credit for the escrow account balance, then Seller
hereby assigns all right, title and interest in said account to Buyer. Seller, Buyer, and Borrower are used for singular or
plural, as the context so requires or admits. This Agreement is being provided as an inducement for Closing Agent to serve as
the closing agent and for "title Agent and "title Underwriter to issue title insurance on the subject transaction.
Buyer:
Indian River County, a political subdivision of the State of
Florida
By:All V t %46,/
fife4Whuler, County Attorney
Doubleiime�
Seller:
Rocker Sebastian LLC, a Floirda limited liability
company
1 ocker, Managing Member
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS ISA TRUE ANDCORRECT
COPY OF THE ORIGINAL OMfcILE HIS OFFICE.
RYAN K
DA
Closing Statement Addendum - Page 2 DoubleTlmdO