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HomeMy WebLinkAbout2026-051UCP # 3673 Project: The Honeybell f.k.a. Vero West Apartments Owner: Vero West Partners, LLC Address: 6205 26TH ST, VERO BEACH, FL 32966 PID: 33390500000100000002.0 Prepared by: Office of County Attorney INDIAN RIVER COUNTY 1801 27" Street Vero Beach, FL 32960 772-226-1425 3120260011577 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3844 PG: 1192 Page 1 of 15 3/12/2026 2:12 PM EASEMENT AND BILL OF SALE OF UTILITY FACILITIES TO INDIAN RIVER COUNTY, FLORIDA KNOW ALL MEN BY THESE PRESENTS, that VERO WEST PARTNERS, LLC, a Florida limited liability company having a mailing address of 1802 S. Fiske Blvd, Ste 101, Rockledge, FL 32955, hereinafter called GRANTOR, in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE, a perpetual easement for UTILITY PURPOSES over, across, and beneath the following described land, situate, in Indian River County, Florida, for the purpose of installing, replacing, repairing, and maintaining the hereinafter described utilities, and further sells, assigns or conveys title to all utility facilities now installed by or on behalf of GRANTOR, to -wit. EXHIBITS ATTACHED HERETO AND MADE A PART HEREOF (Exhibit "A" is Description of Real Property; Exhibit "B" is Description of Utility Facilities) And GRANTOR hereby warrants to the GRANTEE that it is lawfully seized of free and unencumbered title to the above-described real estate and facilities conveyed hereby; that all persons or entities which have supplied labor or materials with respect to these facilities have been paid in full, that none of them has any claim whatsoever with respect thereto, and that the GRANTOR has full authority to make this conveyance and will warrant and defend the granting and sale of said property and utility facilities hereby made unto GRANTEE against the lawful claims and demands of all persons whomsoever. GRANTOR, hereby warrants that should the above described utility facilities fail or otherwise become defective during a period of one year from the date of acceptance of same by GRANTEE (February 27, 2026 to February 27, 2027), due to defective materials or workmanship, GRANTOR shall upon each occasion be responsible in all respects for such failure or defect and shall correct same at its sole cost and without expense to GRANTEE upon reasonable notice by GRANTEE. GRANTOR shall be solely liable and shall save GRANTEE harmless from any direct or consequential damage attributable to such failure or defect. GRANTOR hereby also assigns all its right, title, and interest in and to manufacturer's or supplier's warranties with respect to the described facilities. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal this day of __ _, 2026. Signed. sealed, and delivered in the presence of the following witnesses Sign: Print I AddrE VERO WEST PARTNERS, LLC, a Florida limited liability By:.41+1114 A J,4,1, I I . . L. -J'I'Awe Prin a e ROBERTATr' SR Title: Manage Address. IV / �7 ,/ Sign: 0'�Ja 0, Print Name: Av d. 0__/ Address:oa- v SA r \©\ D L _ 0 �f 7 DEVELOPER STATE OF COUNTY OF THE FOREGOING INSTRUMENT was acknowledgecl before me by means of physical presence or ❑ online notarization, this Iq day of , 2026, ROBERT R. CHAFFIOT, SR, the Manager of VERO WEST PART S, LLC, a FlPis limited liability, who executed on behalf of and with the authority of said entity, and who personally known to me, or ❑ produced as identification [AFFIX NOTARY SEAL] Notary Public State of Florida Reba G Freeman 2My Commission All Exp3/9/2026 d44- 16. C)- . Notary Public Signatu-rr� Print Notary Name: /i£64 Commission No.: &28'94 My commission expires: _ J -- 5'- �2 4 Signed, sealed, and delivered in the presence of the following witnesses VERO WEST PARTNE LLC, a Florida limited iabi ty By: Print Name ARK K. CHA 'FIOT Title: Manager Address l d od S. 1-1314 &A' oc tZAGr . jl�-- 325s- — DEVELOPER Sign.- Print ign:Print Name: .)\ Address: \ v� S FEt She \C)\ STATE OF COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me by means of physical presence or ❑ online notarization, this –Z� day of 2026, by MARK K. CHAFFIOT, the Manager of VERO WEST PARTNERS, 11C, a Florida limited liability, who executed on behalt of and with the authority of said entity, and who personally known to me, or ❑ produced as identification [AFFIX NOTARY SEAL] Notary Public State of Florida ARobe Q Freeman My Commission 1 HH 209896 Exp. 3!9/2026 Not ry Public Signature Print Notary Name: Commission No.: 9 My commission expires: .2- S= -�7 Signed, sealed, and delivered in the presence of the following witnesses: VERO WEST PARTNERS, LLC, a Floridalimited liability ay: Pri me: I T A. C IOT Title: Manager Address: / 8d5 e ��v� S,,e i°/ DEVELOPER t Sign: �J Print Name: L Address: vw D' STATE OF COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me by means of [� physical presence or ❑ online notarization, this/2 day of 2026, by VICTOR A. CHAFFIOT, the Manager of VER(WEST PARTNERS, ILC, a Florida limited liability, who executed on behalf of and with the authority of said entity, and who Is personally known to me, or ❑ produced as identification [AFFIX NOTARY SEAL] Notary Public State of Florida Reba O Freeman MyCommission tttf HH 209896 11 Exp. 319!2026 NotAry Public Signature Print Notary Name: .9 LmQJ Commission No.: 0 9 My commission expires: J- I CONSENT AND JOINDER TO EASEMENT BY MORTGAGEE RENASANT BANK, a Mississippi state chartered bank (Mortgagee), having an address of 941 W Morse Blvd , Suite 100, Winter Park, Florida 32789, the owner and holder of that certain financing document upon land described therein. situated in Indian River County, Florida by virtue of MORTGAGE, SECURITY AGREEMENT AD FINANCING STATEMENT recorded June 3, 2024 in Official Records Book 3701, Page 2388 Public Records of Indian River County, Florida and COLLATERAL ASSIGNMENT OF RENTS AND LEASES recorded June 3, 2024, in Official Records Book 3701, Page 2410, Public Records of Indian River County, Florida, hereby consents and loins in the making of the within perpetual easement for utility purposes over, across and beneath the property described in Exhibit "A" attached hereto, in favor of INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having a mailing address of 1801 27'" Street, Vero Beach, Florida 32960, by VERO WEST PARTNERS, LLC, a Florida limited liability company (Mortgagor), whose mailing address is 1802 S Fiske Blvd. Ste 101. Rockledge, FL 32955 Mortgagee agrees that the granting of this easement shall in no way affect its ability to foreclose its lien of its mortgage on the property described in the mortgage noted above, but that it shall be subordinated to and subject to this grant of easement, and that said easement shall run with the land in perpetuity. Signed, sealed and delivered in the presence of Signature. Print Name Etc F-Lireranca'Ltn Address: 90 ei-A 980 � lu �n�ZL ?b r` - �T--L'JJ-'I b&A Signature: 3&k� °�►�� ��� Print Name , LC -21i nc Grcii(1 Address 0 0 �*,,i") rvv_ eft. 'bal81 RENASANT BANK, a Mississippi s e chartered bank By: Printed Name: Title: Address: Att1 Wfs� iflrwrs.Q Nutl_�W 9(X3 STATE OF nofl& COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me by means of ('physical presence or ❑ online not�rizati{on, this "Dt day of �p�jrucc+g, 2026, by �r�w (, : , the �n' VA ioI c2 r�°� n,of RENASANT BANK, a Mississippi state chartered bank, w o executed on behalf of and with the authority of said entity, and who)O is personally known to me, or ❑ produced 0` Pf as identification. NOTARY PUBLIC NOTARIAL SEAL: Printed Name: l• i M a ) Commission No.: Commission expiration: „n, t 801ao,38 HILLARY LOZANO CRAIN MY COMMISSION # HH 518947 `•''F'k��F oP ' EXPIRES: August 22, 2028 RELEASE OF UTILITY FACILITIES BY MORTGAGEE RENASANT BANK, a Mississippi state chartered bank (Mortgagee), having an address of 941 W Morse Blvd , Suite 100, Winter Park, Florida 32789, hereby releases the utility facilities identified in attached Exhibit •'B" which are located within the real property described in attached Exhibit "A" (which may or may not be interpreted as being part of the collateral) from that certain MORTGAGE, SECURITY AGREEMENT AD FINANCING STATEMENT recorded June 3, 2024 in Official Records Book 3701, Page 2388 Public Records of Indian River County, Florida and COLLATERAL ASSIGNMENT OF RENTS AND LEASES recorded June 3, 2024, in Official Records Book 3701, Page 2410, Public Records of Indian River County, Florida Signed, sealed and delivered in the presence of Signature Print Narr Address: Signature: io Print Name: Lrac , n Address: 9, � n r- Prs���,PL33�Igv STATE OF OdrIJ4 COUNTY OF 110 RENASANT BANK, a Mississippi state artered bank By i o Printed Name A ! oxr Title S ✓T Address: 9H\ V),%r Morsa P�h«a co+v 100 THE FOREGOING INSTRUMENT was acknowledged before me by means of,physical presence or ❑ online notarization, this 9 W9. day of 1 n:n 2026, by Nr,Are- w ?,To )(,eV the 5r•V 1((2_ 9Q7, of RENASANT BANK, a Mississi i state cha ered bank, who executed on behalf of and wi the authority of said entity, and who personally known to me, or [:1produced it as identi icf" ation. NOTARY PUBLIC / NOTARIAL SEAL: Printed Nam'd Wilt6UL• E no rd i1 Commission No.: i 941 Commission expiration: v a a , aQ0i8 HILLARY LOZANO CRAIN • ° MY COMMISSION # HH 518947 EXPIRES: August 22, 2028 Deputy County Attorney Exn1Dli H VERO WEST 10r WIDE INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES EASEMENT SHEET 1 of S su 5 00'13'57" W 237.19' 50 FEETEAST AND 30 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECOON S. 33S 39E ORTHWEST CORNER SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST NOTES: 1) Sketch of description only, not a boundary survey 2) Public records have not been searched for rights of ways, easements, restrictions, reservations and/or other instruments of record. 3) This description and sketch has been prepared for the sole and exclusive benefit of the parties named hereon and shall not be relied upon by any other individual or entity. 4) Underground improvements, if any, not located.5)Improvements affecting easement shown hereon, if any, not located. 6) Bearings are based on that line that is referenced and shown as being parallel with the north line of section 5 -33S -39E, bearing being S 89"46'03" E REVISION DATE BY SKETCH & DESCRIPTION FOR I.R.C.D.U.S. L STRA �MG3MC�SIOfn]® l j 14'^_9" E i4 3? POINT OF BEGINNING a� I pii 14'23 Y/ ,� 2?0 00 NORTHEAST CORNER qg 'rt .EL=T"LES } S L+ K) H JJ 14'_9" E 424 JJ'km' bb ' �o POINT OI 50 FEETEAST AND 30 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECOON S. 33S 39E ORTHWEST CORNER SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST NOTES: 1) Sketch of description only, not a boundary survey 2) Public records have not been searched for rights of ways, easements, restrictions, reservations and/or other instruments of record. 3) This description and sketch has been prepared for the sole and exclusive benefit of the parties named hereon and shall not be relied upon by any other individual or entity. 4) Underground improvements, if any, not located.5)Improvements affecting easement shown hereon, if any, not located. 6) Bearings are based on that line that is referenced and shown as being parallel with the north line of section 5 -33S -39E, bearing being S 89"46'03" E REVISION DATE BY SKETCH & DESCRIPTION FOR I.R.C.D.U.S. L STRA �MG3MC�SIOfn]® VERO WEST 10' WIDE INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES EASEMENT SHEET 2 of 8 WATER MAIN EASEMENT: A 10' WIDE INDIAN COUNTY DEPARTMENT OF UTILITY SERVICES EASEMENT COMMENCING AT A POINT BEING 50.00 FEET EAST AND 30.00 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHWEST ONE QUARTER OF SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST; RUN PARALLEL TO THE NORTH LINE OF SECTION 5, S89°46'03"E, A DISTANCE OF 687.22 FEET TO THE NORTHEAST CORNER OF BELLA VISTA ISLES. THEN RUNNING PARALLEL TO SAID NORTH LINE OF SAID SECTION 5, S89° 46'03"E, A DISTANCE OF 1037.95 FEET; THEN S00° 13' 57 W, A DISTANCE OF 237.19 FEET TO THE POINT OF BEGINNING. THEN THE FOLLOWING 199 COURSES AND DISTANCES, S 00°36'01" E, A DISTANCE OF 10.00 FEET; THEN N 89°23'51" E, A DISTANCE OF 135.55 FEET; THEN S 00°03'25" E, A DISTANCE OF 26.80 FEET; THEN S 89°54'22" W, A DISTANCE OF 28.02 FEET; THEN S 00°05'38" E, A DISTANCE OF 10.00 FEET; THEN N 89°54'22" E, A DISTANCE OF 28.01 FEET; THEN S 00°01'03" W, A DISTANCE OF 87.67 FEET; THEN N 89°58'57" W, A DISTANCE OF 5.22 FEET; THEN S 00°00'00" E, A DISTANCE OF 8.17 FEET; THEN N 90°00'00" E, A DISTANCE OF 5.22 FEET; THEN S 00°01'02" W, A DISTANCE OF 123.80 FEET; THEN S 46°18'09" W, A DISTANCE OF 17.27 FEET; THEN S 42°18'43" E, A DISTANCE OF 10.00 FEET; THEN N 46°18'09" E, A DISTANCE OF 21.78 FEET; THEN N 00°01'03" E, A DISTANCE OF 24.05 FEET; THEN S 89°58'57" E, A DISTANCE OF 44.06 FEET; THEN N 00°01'03" E, A DISTANCE OF 10.00 FEET; THENCE CONTINUE N 00°01'03"E ALONG SAID LINE, A DISTANCE OF 5.00 FEET; THEN N 89°58'57" W, A DISTANCE OF 10.00 FEET; THEN S 00°01'03" W, A DISTANCE OF 5.00 FEET; THEN N 89'58'57" W, A DISTANCE OF 34.06 FEET; THEN N 00°01'03" E, A DISTANCE OF 55.16 FEET; THEN N 90°00'00" E, A DISTANCE OF 30.39 FEET; THEN S 00°00'00" E, A DISTANCE OF 7.77 FEET; THEN N 90°00'00" E, A DISTANCE OF 10.00 FEET; THEN N 00°00'00" E, A DISTANCE OF 7.77 FEET; THEN N 90000'00" E, A DISTANCE OF 253.33 FEET; THEN N 00°00'00" E, A DISTANCE OF 59.44 FEET; THEN N 90°00'00" E, A DISTANCE OF 142.41 FEET; THEN S 40°18'16" W, A DISTANCE OF 14.38 FEET; THEN S 49°41'44" E, A DISTANCE OF 9.98 FEET; THEN N 40°07'45" E, A DISTANCE OF 24.81 FEET; THEN N 44°55'58" W, A DISTANCE OF 11.10 FEET; THEN N 43°15'41" E, A DISTANCE OF 82.80 FEET; THEN N 54°30'41" E, A DISTANCE OF 26.19 FEET; THEN S 80°29'19" E, A DISTANCE OF 47.09 FEET; THEN S 57°59'19" E, A DISTANCE OF 23.16 FEET; THEN S 31 °57'34" W, A DISTANCE OF 55.10 FEET; THEN S 57°36'18" E, A DISTANCE OF 10.00 FEET; THEN N 31'57'34" E, A DISTANCE OF 55.16 FEET; THEN S 58°02'09" E, A DISTANCE OF 99.63 FEET; THEN S 36°16'56" W, A DISTANCE OF 36.71 FEET; THEN S 53°43'04" E, A DISTANCE OF 10.00 FEET; THEN N 36°16'56" E, A DISTANCE OF 4.75 FEET; THEN S 53°43'04" E, A DISTANCE OF 5.00 FEET; CONTINUES ON THE FOLLOWING PAGE. NOTES: 1) Sketch of description only, not a boundary survey 2) Public records have not been searched for rights of ways, easements, restrictions, reservations and/or other instruments of record. 3) This description and sketch has been prepared for the sole and exclusive benefit of the parties named hereon and shall not be relied upon by any other individual or entity. 4) Underground improvements, if any, not located. 5)Improvements affecting easement shown hereon, if any, not located. 6) Bearings are based on that line that is referenced and shown as being parallel with the north line of section 5 -33S -39E, bearing being S 89°46'03" E 319 WEST TOWN PLACE,SUITE 25 ST. AUGUSTINE, FLORIDA 32092 (904) 606-0234 DAGNI@ASTRASURVEYING.COM I HEREBY CERTIFY THAT THIS SURVEY MEETS THE APPLICABLE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 51-17, FLORIDA ADMINISTRATIVE CODE, PURSUANLTO SECTION"47£027,,7FMRIDA STATU ES' > THOM S E. SMITH, FL PSM NO. 5069 UNLESS ELECTRONICALLY SIGNED, NOT VALID WITHOUT THE RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER FOR I.R.C.D.U.S. DATE OF SURVEY: 5-30-2025 FILENAME: 99-24-39 - VERO WEST- WM ESMT 09.11.25.DWG DRAWN BY: DVB CHK BY: TS L STRA 0MnIV[Ml'TnM® VERO WEST 10' WIDE INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES EASEMENT SHEET 3 of 8 THEN N 36°16'20" E, A DISTANCE OF 8.72 FEET; THEN N 55°07'50" W, A DISTANCE OF 5.00 FEET; THEN N 36°16'56" E, A DISTANCE OF 24.13 FEET; THEN S 58°02'09" E, A DISTANCE OF 3.04 FEET; THEN N 77°00'32" E, A DISTANCE OF 65.11 FEET; THEN S 57°59'28" E, A DISTANCE OF 242.98 FEET; THEN S 32°15'24" W, A DISTANCE OF 82.32 FEET; THEN N 57°44'36" W, A DISTANCE OF 85.44 FEET; THEN S 35°40'15" W, A DISTANCE OF 25.21 FEET; THEN S 54°19'45" E, A DISTANCE OF 10.00 FEET; THEN N 35o 40'15" E, A DISTANCE OF 15.79 FEET; THEN S 57'44'36" E, A DISTANCE OF 76.02 FEET; THEN S 32°15'24" W, A DISTANCE OF 188.69 FEET; THEN S 57°35'50" E, A DISTANCE OF 159.07 FEET; THEN S 31'42'29" W, A DISTANCE OF 28.08 FEET; THEN S 58°17'31" E, A DISTANCE OF 10.00 FEET; THEN N 31 °42'29" E, A DISTANCE OF 27.95 FEET; THEN S 57°35'50" E, A DISTANCE OF 221.85 FEET; THEN S 32°24'10" W, A DISTANCE OF 35.53 FEET; THEN S 09°56'22" W, A DISTANCE OF 12.15 FEET; THEN S 80°03'38" E, A DISTANCE OF 10.00 FEET; THEN N 09°56'22" E, A DISTANCE OF 10.16 FEET; THEN N 32°24'10" E, A DISTANCE OF 33.54 FEET; THEN S 57°35'50" E, A DISTANCE OF 14.98 FEET; THEN N 89°55'22" E, A DISTANCE OF 121.31 FEET; THEN S 00°09'41" W, A DISTANCE OF 34.84 FEET; THEN S 89°50'19" E, A DISTANCE OF 10.00 FEET; THEN N 00°09'41" E, A DISTANCE OF 34.88 FEET; THEN N 8955'22" E, A DISTANCE OF 175.80 FEET; THEN N 00°01'51" W, A DISTANCE OF 189.89 FEET; THEN N 90°00'00" E, A DISTANCE OF 58.66 FEET; THEN S 00°00'00" E, A DISTANCE OF 25.43 FEET; THEN S 89°32'09" E, A DISTANCE OF 10.00 FEET; THEN N 00°00'00" E, A DISTANCE OF 25.51 FEET; THEN N 90°00'00" E, A DISTANCE OF 71.17 FEET; THEN S 00°05'21" W, A DISTANCE OF 43.96 FEET; THEN S 89°54'39" E, A DISTANCE OF 10.00 FEET; THEN N 00°05'21" E, A DISTANCE OF 45.02 FEET; THEN N 46°02'20" E, A DISTANCE OF 58.76 FEET; THEN N 90°00'00" E, A DISTANCE OF 194.36 FEET; THEN S 00°00'21" W, A DISTANCE OF 32.32 FEET; THEN S 88°43'24" W, A DISTANCE OF 8.42 FEET; THEN S 01 °16'36" E, A DISTANCE OF 10.00 FEET; THEN N 88°43'24" E, A DISTANCE OF 8.20 FEET; THEN S 00°00'21" W, A DISTANCE OF 171.15 FEET; THEN S 50°22'40" E, A DISTANCE OF 136.93 FEET; THEN N 84°57'18" E, A DISTANCE OF 104.13 FEET; THEN N 00°16'43" E, A DISTANCE OF 10.04 FEET; THEN S 84°57'18" W, A DISTANCE OF 100.95 FEET; THEN N 50°22'40" W, A DISTANCE OF 128.12 FEET; THEN N 00°00'21" E, A DISTANCE OF 106.91 FEET; THEN N 90°00'00" E, A DISTANCE OF 48.79 FEET; THEN N 00°00'00" E, A DISTANCE OF 10.00 FEET; THEN S 90°00'00" W, A DISTANCE OF 48.79 FEET; THEN N 00°00'21" E, A DISTANCE OF 101.86 FEET; THEN S 90°00'00" W, A DISTANCE OF 14.06 FEET; THEN N 00°03'23" E, A DISTANCE OF 43.28 FEET; THEN N 89°56'37" W, A DISTANCE OF 16.90 FEET; THEN S 00°03'23" W, A DISTANCE OF 10.00 FEET; THEN S 89°56'37" E, A DISTANCE OF 6.90 FEET; THEN S 00°03'23" W, A DISTANCE OF 33.29 FEET; THEN S 90°00'00" W, A DISTANCE OF 163.79 FEET; THEN N 00°00'00" E, A DISTANCE OF 20.49 FEET; THEN S 90°00'00" W, A DISTANCE OF 10.00 FEET; THEN S 00°00'00" E, A DISTANCE OF 20.49 FEET; THEN S 90°00'00" W, A DISTANCE OF 10.55 FEET; THEN S 46'02'20" W, A DISTANCE OF 60.25 FEET; THEN S 90°00'00" W, A DISTANCE OF 72.12 FEET; THEN N 00°00'00" E, A DISTANCE OF 39.61 FEET; CONTINUES ON THE FOLLOWING PAGE. 319 WEST TOWN PLACE ,SUITE 25 ST. AUGUSTINE , FLORIDA 32092 (904) 606-0234 DAGNI@ASTRASURVEYING.COM I HEREBY CERTIFY THAT THIS SURVEY MEETS THE APPLICABLE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER SJ -17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTIO 27, FLORIDA STATU THOMAS E. SMITH, FL PSM NO. 5069 UNLESS ELECTRONICALLY SIGNED, NOT VALID WITHOUT THE RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER FOR I.R.C.D.U.S. DATE OF SURVEY: 5-30-2025 FILENAME: 99-24-39 - VERO WEST- WM ESMT 09.11.25.DWG DRAWN BY: DVB CHK BY: TS L STRA VERO WEST 10' WIDE INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES EASEMENT SHEET 4 of 8 THEN N 90°00'00" E, A DISTANCE OF 1.20 FEET; THEN N 00°00'00" E, A DISTANCE OF 8.14 FEET; THEN S 90°00'00" W, A DISTANCE OF 11.20 FEET; THEN S 00°00'00" E, A DISTANCE OF 47.75 FEET; THEN S 90°00'00" W, A DISTANCE OF 62.61 FEET; THEN N 00°01'51" W, A DISTANCE OF 117.17 FEET; THEN N 47°22'36" W, A DISTANCE OF 27.68 FEET; THEN S 42°37'24" W, A DISTANCE OF 10.00 FEET; THEN S 47°22'36" E, A DISTANCE OF 23.30 FEET; THEN S 00°01'51" E, A DISTANCE OF 37.53 FEET; THEN S 89°57'12" W, A DISTANCE OF 28.21 FEET; THEN S 00°02'48" E, A DISTANCE OF 10.00 FEET; THEN N 89°57'12" E, A DISTANCE OF 28.21 FEET; THEN S 00°01'51" E, A DISTANCE OF 154.22 FEET; THEN S 90°00'00" W, A DISTANCE OF 9.18 FEET; THEN S 00°00'00" E, A DISTANCE OF 10.00 FEET; THEN N 90°00'00" E, A DISTANCE OF 9.19 FEET; THEN S 00°01'51" E, A DISTANCE OF 90.93 FEET; THEN S 89°55'22" W, A DISTANCE OF 205.29 FEET; THEN N 00°06'18" W, A DISTANCE OF 20.97 FEET; THEN S 89°53'42" W, A DISTANCE OF 9.82 FEET; THEN S 00°22'42" W, A DISTANCE OF 20.97 FEET; THEN S 89°55'22" W, A DISTANCE OF 78.91 FEET; THEN N 57°30'33" W, A DISTANCE OF 104.61 FEET; THEN N 32°29'27" E, A DISTANCE OF 45.58 FEET; THEN N 57°30'33" W, A DISTANCE OF 10.00 FEET; THEN S 32°29'27" W, A DISTANCE OF 45.76 FEET; THEN N 57°35'50" W, A DISTANCE OF 288.42 FEET; THEN N 32°15'24" E, A DISTANCE OF 89.81 FEET; THEN S 53°08'48" E, A DISTANCE OF 5.52 FEET; THEN N 32°15'24" E, A DISTANCE OF 10.03 FEET; THEN N 53°08'48" W, A DISTANCE OF 5.52 FEET; THEN N 32°15'24" E, A DISTANCE OF 156.28 FEET; THEN S 57°42'18" E, A DISTANCE OF 33.19 FEET; THEN N 32°15'24" E, A DISTANCE OF 10.00 FEET; THEN N 57°42'18" W, A DISTANCE OF 33.19 FEET; THEN N 32°15'24" E, A DISTANCE OF 5.06 FEET; THEN S 57°53'55" E, A DISTANCE OF 112.98 FEET; THEN N 67°13'33" E, A DISTANCE OF 6.98 FEET; THEN N 00°14'14" E, A DISTANCE OF 10.86 FEET; THEN S 67°13'33" W, A DISTANCE OF 6.03 FEET; THEN N 57°58'32" W, A DISTANCE OF 235.74 FEET; THEN N 32°00'32" E, A DISTANCE OF 4.20 FEET; THEN N 56°31'04" W, A DISTANCE OF 6.45 FEET; THEN S 36°22'27" W, A DISTANCE OF 4.38 FEET; THEN N 57°59'28" W, A DISTANCE OF 53.86 FEET; THEN N 31-56-22" E, A DISTANCE OF 12.71 FEET; THEN N 58°03'38" W, A DISTANCE OF 10.00 FEET; THEN S 31'56'22" W, A DISTANCE OF 12.70 FEET; THEN N 57°59'28" W, A DISTANCE OF 58.55 FEET; THEN S 77°00'32" W, A DISTANCE OF 65.24 FEET; THEN N 57°59'19" W, A DISTANCE OF 143.61 FEET; THEN N 80°29'19" W, A DISTANCE OF 53.22 FEET; THEN S 54°30'41" W, A DISTANCE OF 31.32 FEET; THEN S 43°15'41" W, A DISTANCE OF 43.44 FEET; THEN N 46°40'19 W, A DISTANCE OF 20.36 FEET; THEN S 43°15'41" W, A DISTANCE OF 10.00 FEET; THEN S 46°40'19" E, A DISTANCE OF 20.36 FEET; THEN S 43°15'41" W, A DISTANCE OF 38.95 FEET; THEN S 90°00'00" W, A DISTANCE OF 103.69 FEET; THEN N 00°00'00" E, A DISTANCE OF 26.85 FEET; CONTINUES ON THE FOLLOWING PAGE. 319 WEST TOWN PLACE ,SUITE 25 ST. AUGUSTINE, FLORIDA 32092 (904) 606-0234 DAGNI@ASTRASURVEYING.COM I HEREBY CERTIFY THAT THIS SURVEY MEETS THE APPLICABLE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECil�7, FLORIDA STATUTES. THOMAS E. SMITH, FL PSM NO. 5069 UNLESS ELECTRONICALLY SIGNED, NOT VALID WITHOUT THE RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 'J`rr FOR _ I.R.C.D.U.S. DATE OF SURVEY: 5-30-2025 FILENAME: 99-24-39 - VERO WEST- WM ESMT 09.11.25.DWG DRAWN BY: DVB CHK BY: TS L STRA �madP_IVam@cT VERO WEST 10' WIDE INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES EASEMENT SHEET 5 of 8 THEN S 90°00'00" W, A DISTANCE OF 10.00 FEET; THEN S 00°00'00" E, A DISTANCE OF 26.85 FEET; THEN S 90°00'00" W, A DISTANCE OF 36.82 FEET; THEN N 00°04'00" E, A DISTANCE OF 85.77 FEET; THEN S 88°01'43" W, A DISTANCE OF 19.34 FEET; THEN S 01'44'03" E, A DISTANCE OF 9.98 FEET; THEN N 88°15'57" E, A DISTANCE OF 9.01 FEET,- THEN EET;THEN S 00°03'56" W, A DISTANCE OF 85.38 FEET; THEN S 89°56'04" E, A DISTANCE OF 14.89 FEET; THEN S 00°03'56" W, A DISTANCE OF 49.45 FEET; THEN S 90°00'00" W, A DISTANCE OF 283.72 FEET; THEN N 00°00'01" W, A DISTANCE OF 186.67 FEET; THEN S 89°59'40" E, A DISTANCE OF 78.58 FEET; THEN S 32°50'02" E, A DISTANCE OF 38.22 FEET; THEN S 80°08'27" E, A DISTANCE OF 18.34 FEET; THEN N 03°15'44" E, A DISTANCE OF 56.09 FEET; THEN N 89°46'03" W, A DISTANCE OF 10.00 FEET; THEN S 03°16'36" W, A DISTANCE OF 44.34 FEET; THEN N 80°08'27" W, A DISTANCE OF 2.74 FEET; THEN N 32°50'02" W, A DISTANCE OF 39.28 FEET; THEN N 89°53'31" W, A DISTANCE OF 94.04 FEET; THEN S 00°0020" W, A DISTANCE OF 25.09 FEET; THEN S 89°17'57" W, A DISTANCE OF 135.65 FEET TO THE POINT OF BEGINNING. CONTAINING 50,410 SQUARE FEET OR 1.16 ACRES, MORE OR LESS. 319 WEST TOWN PLACE ,SUITE 25 ST. AUGUSTINE , FLORIDA 32092 (904) 606-0234 DAGNI@ASTRASURVEYING.COM I HEREBY CERTIFY THAT THIS SURVEY MEETS THE APPLICABLE STANDARDS OF PRACTICE AS SET FORTHBY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 51-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTIO 27, FLORIDA STA THOMAS E. SMITH, FL PSM NO. 5069 UNLESS ELECTRONICALLY SIGNED, NOT VALID WITHOUT THE RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 4 FOR I.R.C.D.U.S. DATE OF SURVEY: 5-30-2025 FILE NAME: 99-24-39 - VERO WEST- WM ESMT 09.11.2S.DWG DRAWN BY: DVB CHK BY: TS L STRA 9mmv[gvam(@ VERO WEST 10' WIDE INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES EASEMENT SHEET 6 of 8 W W tY U) 2 I— N MATCH LINE L155 m� 1 'sem m Ll80 '^ L 186 r� °+ L 184 °.J° ,+ r192q L26 � !L24 8 N N L7 L11 I �+ L196-1 J L5 / L1 DETAIL EXHIBIT Al t is L17 �'J 15 lj - A �I NOTES: 1) Sketch of description only, not a boundary survey 2) Public records have not been searched for rights of ways, easements, restrictions, reservations and/or other instruments of record. 3) This description and sketch has been prepared for the sole and exclusive benefit of the parties named hereon and shall not be relied upon by any other individual or entity. 4) Underground improvements, if any, not located.5)lmprovements affecting easement shown hereon, if any, not located. 6) Bearings are based on that line that is referenced and shown as being parallel with the north line of section 5 -33S -39E, bearing being S 89°46'03" E REVISION DATE BY SKETCH & DESCRIPTION FOR I.R.C.D.U.S. L STRA 0U RW IN IVaou® 2,r- VERO WEST 10' WIDE INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES EASEMENT SHEET 7 of 8 MATCH L/NE DETAIL EXHIBIT A2 NOTES: 1) Sketch of description only, not a boundary survey 2) Public records have not been searched for rights of ways, easements, restrictions, reservations and/or other instruments of record. 3) This description and sketch has been prepared for the sole and exclusive benefit of the parties named hereon and shall not be relied upon by any other individual or entity. 4) Underground improvements, if any, not located.5)lmprovements affecting easement shown hereon, if any, not located. 6) Bearings are based on that line that is referenced and shown as being parallel with the north line of section 5 -33S -39E, bearing being S 89°46'03" E REVISION DATE By SKETCH &DESCRIPTION FOR I.R.C.D.U.S. L STRA 9MG3MCNI7aN(0 to Exhibit "B" KMA Engineering & Surveying, LLC 1176 25th St KMAVero Beach, FL 32960 ENGINEERING & SURVEYING Engineer's Cost Estimate for Vero West Bill of Sale IRC UCP No. 3673 KMA Project No. 20-1093 Description I Quantity I Unit I Unit Price I Amount Description I Quantity Unit I Unit Price I Amount Water 4" HDPE Directional Bore 4" PVC C900 722.00 LF $ 12.72 $ 9,183.84 6" PVC C900 255.00 LF $ 25.63 $ 6,535.65 8" PVC C900 4,090.00 LF $ 28.75 $ 117,587.50 Fire Hydrant Assembly 15.00 EA $ 3,794.05 $ 56,910.75 4" GV and Box 16.00 EA $ 1,492.71 $ 23,883.36 6" GV and Box 2.00 EA $ 1,622.84 $ 3,245.68 8" GV and Box 15.00 EA $ 2,037.80 $ 30,567.00 4"x4"x2"Tee 17.00 EA $ 105.00 $ 1,785.00 8"x8"x8"Tee 5.00 EA $ 338.44 $ 1,692.20 8"x8"x6" Tee 12.00 EA $ 396.96 $ 4,763.52 8"x8"x4" Tee 16.00 EA $ 230.40 $ 3,686.40 8"x12"x12" Tapping Sleeve & Valve 1.00 EA $ 2,466.36 $ 2,466.36 4" 90 deg. Bend 20.00 EA $ 76.25 $ 1,525.00 6" 90 deg. Bend 2.00 EA $ 345.15 $ 690.30 8" 90 deg. Bend 8.00 EA $ 356.70 $ 2,853.60 6" 45 deg. Bend 4.00 EA $ 239.20 $ 956.80 8" 45 deg. Bend 11.00 EA $ 246.35 $ 2,709.85 8" 22.5 deg. Bend 2.00 EA $ 240.15 $ 480.30 8" 11.25 deg. Bend 2.00 EA $ 205.25 $ 410.50 8" Cap w/ 2" Blow -off 1.00 EA $ 835.40 $ 835.40 8"x 6" Reducer 2.00 EA $ 282.75 $ 565.50 8"x 4" Reducer 1.00 EA $ 203.56 $ 203.56 2" Corp Stop 2.00 EA $ 579.30 $ 1,158.60 2" Service w/ 5/8 Meter 20.00 EA $ 1,735.35 $ 34,707.00 1" Svc RPZ (Liftstation) 1.00 EA $ 1,567.45 $ 1,567.45 8" HDPE Directional Bore 40.00 LF $ 150.00 $ 6,000.00 Subtotal $ 316,971.12 Description I Quantity Unit I Unit Price I Amount OjaERT BERGS, \���.•'�1GENSF' a� No. 04598 • ; _ �' • �Ir AlL F 202 i 6 NAL E\.��• Total: $ 323,396.12 25% Warranty Security: $ 80,849.03 I.R. .U.S. Accepted w ? 2o2S Insufficient Sanitary 4" HDPE Directional Bore 135.00 LF 1 $ 15.00 $ 2,025.00 4" GV and Box 1.00 EA $ 1,500.00 $ 1,500.00 Fittings 1.00 LS $ 400.00 $ 400.00 6" x 4" Tapping Sleeve & Valve 1.00 EA $ 2,500.00 $ 2,500.00 `► I I t 1 t Subtotal $ 6,425.00 OjaERT BERGS, \���.•'�1GENSF' a� No. 04598 • ; _ �' • �Ir AlL F 202 i 6 NAL E\.��• Total: $ 323,396.12 25% Warranty Security: $ 80,849.03 I.R. .U.S. Accepted w ? 2o2S Insufficient STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT AMENDMENT FORM A. NAME & DAYTIME PHONE NUMBER OF CONTACT PERSON Eric F. Werrenrath, Esq; (407) 423-4246 Email Address ewerrenrath@whww.com B. SEND ACKNOWLEDGEMENT TO: Name Eric F. Werrenrath, Esq. Address Winderweedle, Haines, Ward & Woodman, P.A. Address Post Office Box 880 City/State/Zip Winter Park, Florida 32790-0880 0 3120260011578 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL BK. 3844 PG 1207 Page 1 of 6 3/12/2026 2:12 PM THE ABOVE SPACE 1S FOR FILING OFFICE USE ONLY Ia. INITIAL FINANCING STATEMENT FILE # lb. [2]This FINANCING STATEMENT AMENDMENT is to be filed O.R. Book 3701, Page 2419 [for record) (or recorded) in the REAL ESTATE RECORDS. Z. CURRENT RECORD INFORMATION - DEBTOR NAME - INSERT ONLY ONE DEBTOR NAME (2a OR 2b) 2a. ORGANIZATION'S NAME VERO WEST PARTNERS, LLC 2b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX 3. CURRENT RECORD INFORMATION - SECURED PARTY NAME - INSERT ONLY ONE SECURED PARTY NAME (3a OR 3b 3a. ORGANIZATION'S NAME RENASANT BANK 3b. INDIVIDUAL'S SURNAME I FIRST PERSONAL NAME I ADDITIONAL NAME(SyINITIAL(S) 4. ❑ TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of the Secured Party authorizing this Termination Statement. 5. r-� CONTINUATION: Effectiveness of the Financing Statement identified above with respect to security interest(s) of the Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law. 6. ❑ ASSIGNMENT ❑ Full or ❑ Partial: Give name of assignee in item 9a or 9b and address of assignee in item 9c; and also give name of assignor in item 11. 7. ❑ AMENDMENT (PARTY INFORMATION): This Amendment affects R Debtor or ❑ Secured Party of record. Check only one of these two boxes. Also check one of the following three boxes and provide appropriate information in items 8 and/or 9. CHANGE name and/or address: Give current record name in item 8a or 8b;" DELETE name: Give record name ADD name: Complete item 9a or 9b, Also give new name (if name change) in item 9a or 9b and/or new address to bedeleted in item 8a or 8b. ❑ and 9c. (if address change) in item 9c. 8. CURRENT RECORD INF 8a. ORGANIZATION'S NAME ADDITIONAL NAME(S)/INITIAL(S) I SUFFIX 9. CHANGED (NEW) OR ADDED INFORMATION: - INSERT ONLY ONE NAME (9a OR 9b) - Do Not Abbreviate or Combine Names 9.a ORGANIZATION'S NAME 9.b INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX 9.c MAILING ADDRESS Line One This space not available. MAILING ADDRESS Line Two CITY STATE POSTAL CODE. COUN"I RY 10. AMENDMENT (COLLATEW CHANGE): check p}lly one box. Describe collateral ❑ DELETE or LJ ADD, or give entire Vj RESTATE collateral description, or describe collateral ❑ ASSIGN collateral THE COLLATERAL DESCRIPTION IS HEREBY RESTATED AS SET FORTH ON EXHIBIT "A' AND EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN 11. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT (name of assignor, if this is an Assi nment). If this is an Amendment authorized by a Debtor, which adds collateral or adds the authorizing Debtor, or if this is a Termination authorized by a Debtor, check hereff and enter name of DEBTOR authorizing this Amendment. Ila. ORGANIZATION'S NAME RENASANT BANK 1 Ib. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX 12. OPTIONAL FILER REFERENCE DATA #97602 -Indian River County-Renasant/Gen RepNero West (EFW/HC) STANDARD FORM - FORM UCC -3 (REV.05/2013) Filing Office Copy Approved by the Secretary of State, State of Florida EXHIBIT "A" Debtor's name and address: VERO WEST PARTNERS, LLC, a Florida limited liability company 1802 S. Fiske Blvd., Suite 101 Rockledge, Florida 32955 2. This instrument covers the following types and items of property, whether currently owned by Debtor or acquired by Debtor at any time in the future, and whether now existing or hereafter arising, together with all accessories, parts, implements and accessions now attached to or used in connection with, or that may hereafter at any time be placed in or added to, the property described below, or any item thereof. a. Improvements. All of Debtor's right, title, and interest in all minerals, soils, crops, timber, landscaping, buildings, structures, betterments, and other improvements of any nature now or hereafter situated in whole or in part upon the Land or the Appurtenances (defined below), regardless of whether physically affixed thereto or severed or capable or severance therefrom but expressly excluding the buildings, structures, betterments, and other improvements described in that certain Easement and Bill of Sale of Utility Facilities to Indian River County, Florida, recorded on 4 12 , 2026 in Official Record Book 3$'111 , Page Public Records of Indian River County, Florida (the "Improvements"). The Land is fully described as follows: SEE EXHIBIT `B" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE b. Appurtenances. The benefit of all tenements, hereditaments, easements and other rights of any nature whatsoever, if any, appurtenant to the Land or the Improvements, or both, and all rights-of-way, strips and gores of land, streets, alleys, passages, water rights, riparian and littoral rights, drainage rights, sewer rights, potable water rights, oil, gas and mineral rights, and rights of ingress and egress to the Land and all adjoining property; whether now existing or hereafter arising, together with the reversion or reversions, remainder or remainders, rents, issues, incomes, and profits of any of the foregoing (the "Appurtenances"). C. Tangible Property. All of Debtor's right, title and interest in and to all fixtures, equipment, construction materials, building materials, goods, inventory, and tangible personal property of any nature whatsoever now or hereafter (i) located on, attached or affixed to the Land, the Improvements, or the Appurtenances, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (ii) regardless of where situated, used, usable, or intended to be used in connection with any present or future use or operation of or upon the Land. The foregoing includes without limitation: all goods and inventory, all heating, air conditioning, refrigeration, ventilation, lighting, incineration, and power equipment; all engines, compressors, pipes, pumps, tanks, motors, conduits, wiring, and switchboards; all appliances; all plumbing, lifting, cleaning, fire prevention, fire extinguishing, communications and public address apparatus; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators and freezers, cabinets and partitions; all rugs, draperies and carpets; all laundry equipment; all furniture (including without limitation, outdoor furniture), furnishings, office equipment, and office supplies (including stationery, letterheads, billheads, and items of a similar nature); all development, construction, architectural and engineering plans; and all additions, accessions, renewals, replacements, and substitutions of any or all of the foregoing (the "Tangible Property"). d. Rents. All rents, issues, incomes, and profits in any manner arising from the Land, Improvements, Appurtenances, or Tangible Property, or any combination thereof, including without limitation, Debtor's interest in and to all leases of any kind or nature whatsoever, licenses, franchises, and concessions, of or relating to, all or any portion of the Land, Improvements, Appurtenances, or Tangible Property, whether now existing or hereafter made, including without limitation, all amendments, modifications, replacements, substitutions, extensions, renewals, or consolidations thereto or thereof (the "Rents"). e. Products and Proceeds. All products and proceeds of any of the property described in this Exhibit, including without limitation all proceeds from the conversion, whether voluntary or involuntary, of any of such property into cash or other liquidated claims, or that are otherwise payable for injury to or the taking or requisitioning of any such property, to include without limitation, all condemnation proceeds, all proceeds from insurance payable by reason of loss or damage to any item of the property, and all proceeds from accounts and general intangibles. f. Contract Riahts. All of Debtor's right, title and interest in and to any and all contracts, written or oral, express or implied, now existing or hereafter entered into or arising, in any manner related to the development, improvement, use, operation, sale, conversion, or other disposition of any interest in the Land, Improvements, Appurtenances, Tangible Property, or the Rents, or any combination thereof, including without limitation any and all deposits, prepaid items, letters of credit, and payments due thereunder and to become due thereunder; to include without limitation, contracts pertaining to maintenance, on-site security service, elevator maintenance, landscaping services, building or project management, marketing, leasing, sales and janitorial services; also including without limitation, Debtor's interests as lessee in equipment leases, including telecommunications equipment, computers, vending machines, model furniture, televisions and laundry equipment; and also including without limitation, Debtor's interest in site development and/or construction contracts and related documents (including architectural and design engineer drawings and plans and specifications relating to the Improvements), service contracts, advertising contracts and purchase orders. g. Development and Construction Permits and Approvals. All of Debtor's right, title and interest in all governmental licenses, approvals, permits, certificates, and the like now issued or hereafter issued in connection with the Land, Improvements or Appurtenances, and all benefits, rights, interests, deposits, and claims, in whatever form or nature, relating to utilities servicing or to service the Land, Improvements, or Appurtenances, and in or arising from prepaid reservation, capital, or impact fees or charges, or the like, acquired or paid in connection with the Land, Improvements, or Appurtenances (the "Development and Construction Permits and Approvals"). h. Trade Names and Intellectual Property. All of Debtor's right, title and interest in any trade name, project name, logo, patent, copyright, trademark, service mark, slogan, license, trade secret, customer list, or any other intellectual property or proprietary information (or any right, title, interest or license in intellectual property or proprietary information) acquired, created, or assembled (either presently or in the future) by Debtor for, or used in any respect (either presently or in the future) in connection with the use or operation of the Land or the Improvements, or of any business or activity conducted or to be conducted on the Land or Improvements, or making use of any other Collateral described herein. i. Other Intaneibles. All contract rights, commissions, money, accounts, deposit accounts, operating accounts, certificates of deposit, letters of credit, chattel paper, documents, instruments and general intangibles, existing now or acquired by Debtor at any time in the future, as such terms from time to time may be defined in the Uniform Commercial Code, in any manner related to the development, construction, use, operation, sale, conversion, or other disposition (voluntary or involuntary) of the Land, Appurtenances, Improvements, Tangible Property, or Rents, including without limitation all development plans, construction plans, architectural and engineering plans, specifications, permits, licenses, governmental and quasi - governmental approvals, land use approvals, utility reservations and rights to receive utility services; all rights to and under fees or charges paid by or credits granted to Debtor or on its behalf in connection with the Land, Appurtenances, Improvements or Development and Construction Permits and Approvals; all land use rights, development rights, vested rights under any Planned Unit Development or Development of Regional Impact or other project, zoning or land use approval; and all insurance policies, rights of action, commercial tort claims, and other choses in action. j. Secondary Financing. All of Debtor's right, power, or privilege to further encumber any of the property described in this Exhibit, it being intended by this provision to divest Debtor of the power to further encumber or grant a security interest in any of such property as security for the performance of an obligation. As used in this Exhibit, the term "include" is for illustrative purposes only and is always without limitation. EXHIBIT B — LEGAL DESCRIPTION The Land referred to herein below is situated in the County of INDIAN RIVER, State of Florida, and is described as follows: SITUATED IN THE NORTH 1/2 OF SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA: COMMENCING AT A POINT BEING 50.0 FEET EAST AND 30.0 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHWEST ONE QUARTER OF SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST; RUN PARALLEL TO THE NORTH LINE OF SAID SECTION 5, SOUTH 89046'03" EAST, A DISTANCE OF 687.22 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION: RUNNING PARALLEL TO THE NORTH LINE OF SAID SECTION 5, SOUTH 89°46'03" EAST, A DISTANCE OF 1921.89 FEET TO A POINT; THENCE CONTINUING RUNNING PARALLEL TO THE SAID NORTH LINE OF SECTION 5, SOUTH 89045'58" EAST, A DISTANCE OF 333.91 FEET TO THE NORTHWEST CORNER OF THE PLAT OF BELLA ROSA, AS RECORDED IN PLAT BOOK 23, PAGE 25, INDIAN RIVER COUNTY RECORDS; THENCE SOUTH 00014'14" WEST, ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 504.22 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 55°34'30" EAST, ALONG THE SOUTHERLY LINE OF SAID PLAT OF BELLA ROSA, A DISTANCE OF 116.02 FEET TO A POINT; THENCE DEPARTING THE SOUTHERLY LINE OF SAID PLAT, PROCEED NORTH 87009'12" EAST, A DISTANCE OF 7.99 FEET TO A POINT; THENCE NORTH 55044'03" EAST, A DISTANCE OF 222.15 FEET TO A POINT; THENCE NORTH 21°33'17" EAST, A DISTANCE OF 8.58 FEET TO A POINT ON THE AFOREMENTIONED SOUTHERLY LINE OF SAID PLAT OF BELLA ROSA, AND FOR THE FOLLOWING SIX (6) COURSES: NORTH 55034'30" EAST, A DISTANCE OF 100.40 FEET TO A POINT; THENCE NORTH 89040'41" EAST, A DISTANCE OF 258.58 FEET TO A POINT; THENCE SOUTH 00°15'52" WEST, A DISTANCE OF 100.15 FEET TO A POINT; THENCE NORTH 89°41'01" EAST, A DISTANCE OF 143.04 FEET TO A POINT; THENCE NORTH 00015'06" EAST, A DISTANCE OF 100.17 FEET TO A POINT; THENCE NORTH 89°40'41" EAST, A DISTANCE OF 173.33 FEET TO A POINT; THENCE DEPARTING SAID SOUTHERLY LINE, PROCEED SOUTH 84°09'32" EAST, A DISTANCE OF 73.53 FEET TO A POINT; THENCE NORTH 48°00'05" EAST, A DISTANCE OF 11.87 FEET TO A POINT ON THE AFOREMENTIONED SOUTHERLY LINE OF SAID PLAT OF BELLA ROSA; THENCE ALONG SAID SOUTHERLY LINE, PROCEED NORTH 89°40'41" EAST, A DISTANCE OF 27.78 FEET TO A POINT, THENCE DEPARTING SAID SOUTHERLY LINE, PROCEED SOUTH 55015'05" EAST, A DISTANCE OF 10.10 FEET TO A POINT; THENCE NORTH 84019'18" EAST, A DISTANCE OF 62.17 FEET TO A POINT ON THE AFOREMENTIONED SOUTHERLY LINE OF SAID PLAT OF BELLA ROSA; THENCE ALONG SAID SOUTHERLY LINE, PROCEED NORTH 89°40'41" EAST, A DISTANCE OF 324.13 FEET TO A POINT; THENCE DEPARTING SAID SOUTHERLY LINE, PROCEED SOUTH 83016'45" EAST, A DISTANCE OF 66.01 FEET TO A POINT; THENCE NORTH 47052'06" EAST, A DISTANCE OF 12.14 FEET TO A POINT ON THE AFOREMENTIONED SOUTHERLY LINE OF SAID PLAT OF BELLA ROSA; THENCE NORTH 89°40'41" EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 72.83 FEET TO THE SOUTHEAST CORNER OF SAID PLAT OF BELLA ROSA, THENCE DEPARTING SAID PLAT, PROCEED ALONG THE WESTERLY LINE OF THAT CERTAIN PARCEL CONVEYED TO INDIAN RIVER COUNTY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1147, PAGE 499, PUBLIC RECORDS OF INDIAN RIVER COUNTY; THENCE FOR THE FOLLOWING TWO (2) COURSES: SOUTH 00°1748" WEST, A DISTANCE OF 277.03 FEET TO A POINT; THENCE SOUTH 33036'26" EAST, A DISTANCE OF 143.82 FEET TO A POINT ON THE NORTHERLY LINE OF THE PLAT OF RIVIERA ESTATES, AS RECORDED IN PLAT BOOK 1, PAGE 12, AND PLAT BOOK 10, PAGE 33, ALL IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY; THENCE NORTH 89°52'20" WEST, ALONG THE NORTH LINE OF SAID PLAT OF RIVIERA ESTATES, A DISTANCE OF 683.12 FEET TO THE NORTHWEST CORNER OF SAID PLAT; THENCE SOUTH 00°16'43" WEST, ALONG THE WEST LINE OF SAID RIVIERA ESTATES, A DISTANCE OF 320.46 FEET TO THE NORTHWEST CORNER OF LOT 9 OF THE PLAT OF INDIAN RIVER MALL - THE MALL SUBDIVISION, AS RECORDED IN PLAT BOOK 14, PAGE 59, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID LOT 9, FOR THE FOLLOWING TWELVE (12) COURSES: NORTH 89045'00" WEST, A DISTANCE OF 917.66 FEET TO A POINT; THENCE NORTH 47006'42" WEST, A DISTANCE OF 69.27 FEET TO A POINT; THENCE NORTH 57051'42" WEST, A DISTANCE OF 330.00 FEET TO A POINT; THENCE NORTH 32008'18" EAST, A DISTANCE OF 122.35 FEET TO A POINT; THENCE NORTH 57051'42" WEST, A DISTANCE OF 556.50 FEET TO A POINT; THENCE SOUTH 87008'18" WEST, A DISTANCE OF 550.00 FEET TO A POINT; THENCE NORTH 00014'29" EAST, A DISTANCE OF 143.38 FEET TO A POINT; THENCE NORTH 89°45'31" WEST, A DISTANCE OF 770.02 FEET TO A POINT; THENCE SOUTH 00014'29" WEST, A DISTANCE OF 230.00 FEET TO A POINT; THENCE NORTH 89°45'31" WEST, A DISTANCE OF 250.00 FEET TO A POINT; THENCE NORTH 44°45'31" WEST, A DISTANCE OF 35.36 FEET TO A POINT; THENCE NORTH 00014'29" EAST, A DISTANCE OF 424.77 FEET TO THE POINT OF BEGINNING