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HomeMy WebLinkAbout2026-116UCP # 3714 Project: Nopetro Owner: Nopetro Eco District, LLC Address: 7625 9TH ST SW, Vero Reach, FL 32968 PID: 33382500001002000001.0 Prepared by: Office of County Attorney INDIAN RIVER COUNTY 1801 27" Street Vero Beach, FL 32960 772-226-1425 3120260034957 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3876 PG 1228 Page 1 of 17 7/21/2026 3 00 PM M DOCTAX PD $0.70 EASEMENT AND BILL OF SALE OF UTILITY FACILITIES TO INDIAN RIVER COUNTY, FLORIDA KNOW ALL MEN BY THESE PRESENTS, that NOPETRO ECO DISTRICT, LLC, a Florida limited liability company having a mailing address of 150 S.E. 2nd Avenue, Ph -1, Miami, FL 33131, 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, (i) a perpetual easement for UTILITY PURPOSES over, across, and beneath the following described land, situate, in Indian River County, Florida described in Exhibit "A", for the purpose of installing, replacing, repairing, and maintaining the hereinafter described utilities as described in Exhibit "B-1" and Exhibit "13-2", and (ii) further sells, assigns or conveys title to all utility facilities now installed by or on behalf of GRANTOR as described in Exhibit "C", to -wit: EXHIBITS ATTACHED HERETO AND MADE A PART HEREOF (Exhibit "A" is the Legal Description of Grantor's Property; Exhibit "B-1" is the Legal Description of the Easement; Exhibit "B-2" is a Sketch of the Easement; Exhibit "C" is the Depiction of the 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 (June 22, 2026 to June 22, 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 tailure or defect. GRAN TOR 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 J�2026. Signed, sealed, and delivered in the presence of the following witnesses: NOPETRO ECO DISTRICT, LLC, a Florida limi. �, . _ Print N Title: N Sign Print Name: Address: t Sign: Print Addre STATE OFT Q COUNTY OF - t A. Herrera 77�v si,- (i u 3 DEVELOPER THE FOREGOING INSTRUMENT was acknowledged before me by means of [�J-- physical presence or ❑ online notarization, this 19) day of , 2026, Jorge A. Herrera, the Manager of NOPETRO ECO DISTRICT, LLC, a Florida limited liability, who executed on behalf of and with the authority of said entity, and who 0 is personally known to me, or ❑ produced as identification. 2�t1RV PUB��c � SAYUPJ POM LA * C°mmissan#HH607171 Ain ublic Signature [N f ��028 tary Name: 1S . Commission No.: 1'-1- My commission expires:CY�4��eY Wig, 2q�g Signed, sealed, and delivered in the presence of the following witnesses: NOPETRO ECO DISTRICT, LLC, a Florida limited liability By: Print Name: Alain Castro Title: Manager Address: ve, unit 12 Miami Beach, FL 33141 DEVELOPER Sign: CASTRO Print Name:jACQUES DAVID Address: 7207 bay dr Ap 12 Sign: is i Beach FL Print Name Address: nit 12 for, Beach,FL 32141 STATE OF COUNTY OF row ar THE FORO INSTRUMENT was c owledgedJ�fifgre me by means of E]physical presence or online notarization, this rday of 1 2026, by Alain Castro, the Manager of NOPETRO ECyO DISTRICT, LLC, a Florida limited liability, who executed behalf of and rithe tICetrlSesaid entity, and who ❑ is personally known to me, orrpr�oduced veras identification. [AFFIX NOTARY SEAL] QY ptre°- Graig Raoul a C% Notary Public State of Florida * * Commission #HH 526302 Commission Expires on oF F�°: ` Jun 8. 2028 Notary Public Signre . Print Notary Nam tral Raoul Commission No.: '11 52-6302 My commission expires: 06-08-2028 Online notarization performed via audio/video communication CONSENT AND JOINDER TO EASEMENT BY FIRST MORTGAGEE Pathward, N.A. (Mortgagee) having an address of 5480 Corporate Drive, Suite 350, Troy, Michigan 48098, the owner and holder of that certain financing document upon land described therein, situated in Indian River County, Florida, by virtue of: CONSTRUCTION MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING recorded April 10, 2024 in Official Records Book 3689, Page 1455 Public Records of Indian River County, Florida, hereby consents and joins 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 271h Street, Vero Beach, Florida 32960, NOPETRO ECO DISTRICT, LLC, a Florida limited liability (Mortgagor) company, whose mailing address is 150 S.E. 2nd Avenue, Ph -1, Miami, FL 33131. 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: Arian kw." Address: 5qBo Deb,, prive- 3$D Signatu Print Na AddresE STATE OF /"ltk !Y%� COUNTY OF Pathward; N.A. By: �� Printed Name: Title: 01'm Address: _ .5-41 THE FOREGOING INSTRYeENT wq�-acknowledged before me b means of Erph sical prre,ence or 4 0 line nQtar�tion, this 18 day of Jur) f 2026, by Gni WI`'Yq' t AW 1' f Pathward, N.A., who executed on behalf of and with the authority of said entity, and who ais personally known to me, or ❑ produced as identification. NOTARIAL SEAL: Maria ite Notary Public of Michigan Macomb county Expwas 12/02Q02 027 Acting in the County of NOTARY PUBLIC :inchkg�L Printed Name: Commission No.: Commission expiration: . 4 - �, �✓ 11.E-� ti���F 3acr.s'r... RELEASE OF UTILITY FACILITIES BY FIRST MORTGAGEE Pathward, N.A. (Mortgagee) having an address of 5480 Corporate Drive, Suite 350, Troy, Michigan 48098, hereby releases the utility facilities identified in attached Exhibit "C"" 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 CONSTRUCTION MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING recorded April 10, 2024 in Official Records Book 3689, Page 1455 Public Records of Indian River County, Florida, being recorded in the Public Records of Indian River County, Florida. Signed, sealed and delivered in the presence of: Signature Print Nan Address: Signature Print Nan Address.- STATE ddress: STATE OF M 6e ' COUNTY OF Pathward By: Printed Name: Title: G(PA� Address: _" THE FOREGOING INSTRUMENT was acknowledged before me b eans of 10//Physical preZnce or t❑ online not rization, thLi��� of �, 2026, by �rr3, MT:jz4 the CU(4 Pathward, N.A., who executed on behalf of and with the authority of said entity, and who is personally known to me, or ❑ produced as identification. NOTARIAL SEAL: Maria ite Notary Public of Michigan Macomb County Expm 1210212 Aclwp in ttw County ofQQ Approved By: Deputy County Attorney al sufficiency: NOTARY PUBLIC Printed Na—me : jou Commission No.:JA Commission expiration: BK: 3655 PG: 1202 EXHIBIT A Legal Description The land referred to hereinbelow is situated in the County of Indian River, State of Florida, and is described as follows: A PORTION OF THE EAST HALF OF TRACT 2, ACCORDING TO INDIAN RIVER FARMS CO., AS RECORDED IN PLAT BOOK 2, PAGE 25, ALSO BEING A PORTION OF A CONSERVATION EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 2492, PAGES 1960 THROUGH 1964, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE EAST HALF OF TRACT 2, ACCORDING TO INDIAN RIVER FARMS CO., AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN S 00°20'32" W ALONG THE WEST LINE OF THE EAST HALF OF SAID TRACT 2, A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF A CONSERVATION EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 2492, PAGES 1960 THROUGH 1964 OF SAID PUBLIC RECORDS, SAID POINT LYING ON THE NORTH LINE OF SAID CONSERVATION EASEMENT AND THE SOUTH LINE OF A LATERAL CANAL PER THE AFOREMENTIONED PLAT; THENCE DEPARTING SAID WEST LINE RUN S 89°40'49" E ALONG SAID NORTH LINE AND SAID SOUTH LINE OF THE LATERAL CANAL, A DISTANCE OF 118.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 8940'49" E ALONG SAID LINE, A DISTANCE OF 179.95 FEET; THENCE DEPARTING SAID LINE RUN S 00°20'32" W, A DISTANCE OF 50.00 FEET; THENCE RUN N 89°40'49" W, A DISTANCE OF 30.71 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING OF S 38°07'31" W, AND A CHORD DISTANCE OF 39.50 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 104°23'21", FOR AN ARC DISTANCE OF 45.55 FEET TO A POINT OF TANGENCY; THENCE RUN S 14°04'10" E, A DISTANCE OF 46.77 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.00 FEET, A CHORD BEARING OF S 0103247" W, AND A CHORD DISTANCE OF 53.84 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31013'54", FOR AN ARC DISTANCE OF 54.51 FEET TO A POINT OF TANGENCY; THENCE RUN S 17009'45" W, A DISTANCE OF 108.06 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 100.00 FEET, A CHORD BEARING OF S 08°45'08" W, AND A CHORD DISTANCE OF 29.25 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16049'13", FOR AN ARC DISTANCE OF 29.36 FEET TO A POINT OF TANGENCY; THENCE RUN S 00020'32" W, A DISTANCE OF 76.37 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 50.00 FEET, A CHORD BEARING OF S 44°28'38" E, AND A CHORD DISTANCE OF 70.49 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89038'20", FOR AN ARC DISTANCE OF 78.22 FEET TO A POINT OF TANGENCY; THENCE RUN S 89°17'48" E, A DISTANCE OF 282.92 FEET; THENCE RUN S 00°34'30" W, A DISTANCE OF 235.04 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 100.00 FEET, A CHORD BEARING OF S 20052'36" E, AND A CHORD DISTANCE OF 73.14 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°54'12", FOR AN ARC DISTANCE OF 74.88 FEET TO A POINT OF TANGENCY; THENCE RUN S 42'19'42" E, A DISTANCE OF 93.93 FEET; THENCE RUN S 0219'00" E, A DISTANCE OF 119.36 FEET; THENCE RUN N 89°39'28" W, A DISTANCE OF 646.30 FEET TO A POINT LYING ON THE AFORESAID WEST LINE OF THE EAST HALF; THENCE RUN ALONG SAID LINE N 00020'32" E, A DISTANCE OF 287.78 FEET TO THE SOUTHWEST CORNER OF THE AFOREMENTIONED CONSERVATION EASEMENT; THENCE DEPARTING SAID WEST LINE RUN S 89040'49" E ALONG THE SOUTH LINE OF SAID CONSERVATION EASEMENT, A DISTANCE OF 118.98 FEET TO THE SOUTHEAST CORNER OF SAID CONSERVATION EASEMENT; THENCE DEPARTING SAID SOUTH LINE RUN ALONG THE EAST LINE AND THE NORTHERLY EXTENSION OF SAID CONSERVATION EASEMENT N 00020'32" E, A DISTANCE OF 644.50 FEET TO THE POINT OF BEGINNING. Special Warranty Deed IRED, LLC EXHIBIT "B-1" 10 FT WIDE CENTERLINE WATER LINE EASEMENT 7625 9TH STREET S.W. , VERO BEACH FL, 32966 LEGAL DESCRIPTION: WATERLINE SEMENT COMMENCING AT THE NORTHWEST CORNER OF THE EAST ONE-HALF OF TRACT NO, 2 SHOWN ON A PLAT OF INDIAN RIVER FARMS COMPANY AS RECORDED IN ST.LUCIE COUNTY PLAT BOOK 2 PAGE 25 INDIAN RIVER COUNTY PUBLIC RECORDS; LYING IN SECTION 25 TOWNSHIP 33 SOUTH RANGE 38 EAST; THENCE CONTINUING ALONG THE WEST LINE OF EAST ONE-HALF bF SAID TRACT 2 S 00° 14' 31" W A DISTANCE 954.60'TO THE POINT OF BEGINNING OF HEREIN DESCRIBED EASEMENT; THENCE ALONG THE CENTERLINE OF A 10 FOOT WIDE WATERLINE EASEMENT N 89°28'47" E A DISTANCE OF 627.50 FEET TO A POINT AND THE FOLLOWING COURSES AND DISTANCES; THENCE N 00° 54'54" E A DISTANCE 98.60 FEET, THENCE N 45° 44"58" W A DISTANCE OF 98.05' TO A POINT: THENCE N 21' 46" 35" W A DIS ANCE OF 54.40' TO A POINT. THENCE N 00° 20'37" E A DISTANCE 101.90' TO A POINT. TH NCE S 89° 48'35" W A DISTANCE OF 59.60' TO THE POINT OF TERMINUS OF HEREIN DESCRIBED WATERLINE EASEMENT. NOTES: ABBREVIATIONS 1) NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR THE HEREIN DEPICTED PARCEL OB = POINT OF BEGINNING FL 33944 OF LAND. RM = PERMANENT REFERENCE MONUMENT 2) THE LAST DATE OF FIELD SURVEY WAS SEPTEMBER 24, 2024. CP = PERMANENT CONTROL 3) COORDINATES IF SHOWN ARE RELATIVE TO FLORIDA EAST ZONE STATE PLANE NAD 83. IR/C = IRON ROD AND CAP 4) ELEVATIONS IF SHOWN ARE RELATIVE TO NATIONAL GEODETIC VERTICAL DATUM OF 1988 P = IRON PIPE 5) (NAVD '88) DATUM. THE PRIMARY BENCHMARK IS INDIAN RIVER COUNTY BENCHMARK = CENTRAL ANGLE 6) BM100013 ELEVATION= 22.97 NAVD 88 SITE BENCHMARK IS AS SHOWN HEREON. = RADIUS 7) BEARINGS SHOWN ARE RELATIVE TO THE GEODETIC GRID. = ARC LENGTH 8) THIS DRAWING IS INTENDED TO BE PRINTED ON 8.5" X 11" MEDIA. O.C. = POINT OF COMMENCEMENT 8) NO ENCROACHMENTS WERE FOUND, EXCEPT AS SHOWN..O.B. =POINT OF BEGINNING 9) EASEMENT ALIGNMENTS BASED ON AS=BUILT UNDERGROUND IMPROVEMENTS LOCATED. I�,O.T. = POINT OF TERMINUS LVETSKY LAND SURVEYING P.O. Box 298 Palmdale, FL 33944 (P) 772-528-7718 Email: jlavetsky.Ils©g mail. com �eH � �nvFr'4� ,,,e n�„m a sr�4�� FLORIDA "��eL54275 i i STATE OF Joseph J Lavetsky DATE PROFESSIONAL SURVEYOR & MAPPER FLORIDA REGISTRATION NO 4275 Sheet 1 of 2 EXHIBIT "B-2" SKETCH OF 10 FT WIDE CENTERLINE WATER LINE EASEMENT COUNTY ROAD NO. 606 (OLSO ROAD/9TH STREET SI49 I P.O.C. N CORNER CO_R _ _ INDIAN RI _ER FARMS CO. ST. LUCIE COUNTY PLAT BOOK 2, PAGE 25 (184' RIGHT -OF -WAV WIDTH PER FOOT R/W MAP SECTION 88601.2505. DATED 7/06/20) P.O.T. S ' o AS—BUIL PARTIALL'T COVERED N CONCR OA—BUIL �.. 1—STORY p p STEEL BUILDING P.O.B. ENTERLINE 10FT. WIDE EASEMENT NO. 1 WATERLINE EASEMENT N 89'28'47" E 627.50' I -WEST LINE OF EAST 1/2 OF TRACT 2 SOUTH LINE OF TRACT 2 NORTH LINE OF TRACT 7 w OPETRO ECO DIS R WEST LINE OF EAST w< PARCEL ID # 33382 01 1/2 OF TRACT 2 F 0 1/2 %a Na` EAST TRACT 2, EI ' TWP. 33 S, RGE 38 PRO mail: jlave#�k)<.1lS@g,HP-04 rsom P.O.T. S ' o AS—BUIL PARTIALL'T COVERED N CONCR OA—BUIL �.. 1—STORY p p STEEL BUILDING P.O.B. ENTERLINE 10FT. WIDE EASEMENT NO. 1 WATERLINE EASEMENT N 89'28'47" E 627.50' I -WEST LINE OF EAST 1/2 OF TRACT 2 SOUTH LINE OF TRACT 2 NORTH LINE OF TRACT 7 0 50 100 200 LC )00001.0 1" = 200' 3'35" VETSKY LAND SUlj:YING 120'37" E 101.90' 146'35" W 1.II 0. Box 298 III %a almdale, FL 33941 ' P) 772-528-7718II PRO mail: jlave#�k)<.1lS@g,HP-04 rsom IIS I Ir III 0 50 100 200 LC )00001.0 1" = 200' 3'35" W 59.60' 120'37" E 101.90' 146'35" W 54.40' X5'44'58" W 98.05' 00'54'54" E 98.60' I I se 4�y 275 I STATE OF a= s h; J LavetskY FLORIDA 0 s:_ 20206.p2!15:16:05 -04'00 I ESSIONAL SURVEYOR & MAPP R DATE -PA REG &TRAT40N NO 4275I — !Sheet 2 of 2 I m MATCH LINE PAGE 2 A9-euuT i Li WATER WW j iOP PIPE•t].�e I. 20.W WIDE PROPOSEDI, EAST 1/2 TRACT 7, SEC. 25, GAS LINE EASEMENT �I I _ TWR 33 S, RGE. 38 E ARaIMT.I )• fWATERAMN 1� TOP PIPE•t>.Et yyg 1� - N:tten2].]W � I� E: SZM14.M I I - I; 1 is Aeeuur i• rWATER MAN EAST LINE OF EAST 102 TRACT 112 OF TRACT , I' IMOTHY ROSE C_O__NTRACTING__ OF WEST IR OF 7 ASW0.T- WATER NAM TOP PPE •1].1] WEST LINE OF EAST 1 , % EAST 1/2 OF WEST 1/2 OF TRACT 7• BEC. 25• ): PARCEL I D # TWP. 33 S, RGE. 38 E I {: (-) ,y,r,ll.ry ve.aEv.rvxe m NvmwAP�sPetveeaN+e 3338250001007000003.0 AseuuT.�1)f� e•wMEA NAuz I TOP PY+E+H.eO N: neom.]es I E:122e122e0 I: I' i, AS WILT .. WATFaz6 al t T ASeWLr i �: ,� ,-AE.EDILT j; / 3— 0-8211— NORTH LINE OF TRACT IO SOUTH LINE OF TRACT 7, 6 e.s• eEra srA. tD.Ns zs Sew E enan.zt TOP PrE E OF 80 FEET WIDE ROAD Aseu0.r u • teAs g CANAL RESERVATION (P B. 2. PG. 25) WATEa euw AsauAr P.O.T. NOWEXCLUIVE E: 2ese zs GAS LINE EASEMENT roP Pre ea i I' Ase u ��s�a Dur TOP PPE•te. ar�to•aEaz azar N (O.R.B. 2546, PG. 21561 .:AT_ _ND 1Q•P 11E9Aa4W STAMPED—TER— l --' �.:.'.. eea4e9no TOP PIPE'IEJI ++TOP PIPE E.2, L EE2]eN.L9 �PB9'l4�PDSF03D WWM__7 ._ _• TOPPPE•le 10 Nuvu --�^ P.a E. PRovosEo xoD voce cws uNE -- .!' KENO E e]]11B16e EA9ENE]rt'SOUTN• S TOP PIPE • to LIVE—ECTWN/ — — E%aRWO1•YNTlw—..r — —. —.— — ....G E2.re6ilt� TOP PPE•10.e2 I `1"=50' EXHIBIT "C1' RECORD AND AS -BUILT SURVEY NOPETRO INDIAN RIVER COUNTY LAND FILL RNG FACILITY: 7625 9TH STREET S.W. VERO BEACH FL, 32966 SURVEY NOTES: t) NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR THE HEREIN DEPICTED PMCEL OF LAND. 2) THE LAST DATE OF FIELD SURVEY WAS SEPTEMBER 24, 2024. 3) COORDINATES IF SHOWN ME RELATIVE TO FLORIDA EAST ZONE STATE PLANE NAD'83. 4) ELEVATIONS IF SHOWN ME RELATIVE TO NATIONAL GEODETIC VERTICAL DATUM OF 1988 (NAVO'88) DATUM. THE PRIMARY BENCHMARK IS INDIAN RIVER COUNTY BENCHMARK BMIOOO13 ELEVATION- 22.97 NAVD 88 SITE BENCHMARK IS AS SHOWN HEREON. 5) BEARINGS SHOWN ME RELATIVE TO THE GEODETIC GRID. 6) THIS SURVEY IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE 7) THIS DRAWING IS INTENDED TO BE PRINTED ON 24• X 36• MEDIA- 8)N EDIA 8) NO ENCROACHMENTS WERE FOUND, EXCEPTAS SHOWN. 9) NO UNDERGROUND IMPROVEMENTS WERE LOCATED. LEGEND OF SURVEY ABBREVIATIONS POB = POINT OF BEGINNING PRM = PERMANENT REFERENCE MONUMENT PCP = PERMANENT CONTROL IWC • IRON ROD AND CM IP =IRON PIPE D • CENTRAL ANGLE R = RADIUS A=MC LENGTH AST e'WET TAP W -GATE VALVE TA. 9.95.1-18' N „ewm.,2 TO"4ukT 8A1 A8AU0.T B••YSADOLE -'— WICONPOM—.9 STOP STA —.99— ar. , I' IMOTHY ROSE C_O__NTRACTING__ E: e2lOeebe 30.00'WIDE NON-EXCLUSIVE rDP PPE-tel0 ACCESS EASEMENT (O.R.B. 2546. PG. 2162) N IteM91.9B __ ._...._ .. N Eur -? AsatxT TOP wE.t9.tE 30.00'WIDE NONEXCLUSNE r.rsAtwLE ACCESS EASEMENT wl COPPDRATMIN S_ Eoa JUM— (O.R.B. 2548. PG. 2182) STA 9W9]8899.51 Ai. N: 118M26.12 ... vl rte[. ." [�vEn.r lytP S- ­ TRACT IO. SEC. 25. TWP. 33 S. RGE. 38 E TRACT E:eD10": PARCEL ID: 33382500001009000001.0 RIP PPE •telt INDIAN RIVER COUNTY ao. Bn. 459 �' JmeIAJLaeNky -w M, 11. ]3914 06.02 t1�73]-Oe' rig-sm-Tura (-) ,y,r,ll.ry ve.aEv.rvxe m NvmwAP�sPetveeaN+e STA 2— 21 Y.fp T. ]]. z E. a7M f9 I iOP PPE•te0] As.BURT —� f' GATE VALVf STA. Y1be M ] M' IT N'. NelIM.0 E: UMIe.L roP wE • ua+ I AaeMIIIT � P YMTERLIAII j iOPAPC•ffae 1 EAST LINE OF EAST 12 —{ OF WEST I/2 OF TRACT 2 OF WEST I/20FTRACT2 N. 1-21111-1 A4pULi T WATE0. uAN TDPAPE. fe» 20A0'WIDE PROPOSED ; ALBIMT Y WATER I i0P APE • It. MATCH LINE PAGE 3 • N' . I w OWNER: NOPETRO ECO DISTRICT, LLC cYpfnf#.Ta'RT. I N: f1e2#IaD PARCEL ID# 33382500001002000001 eswlLT x m e'DATE VALVE I N $'.' T T11 YT•09.Y30.10'Ri. eOBEND UY#6Y pPBULLT ASBIaIT Ae-pUILi BUILT ��I I prA 31•+E.eE p]f y'0.T. E eUaY+.]] p•WATENfANN PWATER MAM IP WATER WJN '� ,N+Itl1M.E0 TOP PPE•1119 /STOP P4C•1181 'rTOPPWE •1111 itOP PPE•16W )xUP_ _ — I/E fYelEp.l3 _ — _ — _ 0] PPE 1i e] wt J i — _ ... .. +� .. 1 `---SOUTH LINE OF NOPETRO MANAGEMENT, LLC SITE PER SURVEY BY CPH, LLC. WEST LINE OF EAST 1/2 OF TRACT 2 OWNER: INDIAN RIVER ECO DISTRICT, LLC PARCEL ID # 3338250001007000001.0 OFTRACT2 \� 6'CHAIN-LINK GATE -/ I'U -NORTH LINE OF TRACT 7 l j \— FOUND 7/2.0 REBAR 8 CAP �1 STAMPED'CARTER ASSOC.- STATION 23x31.99 E li.n+ui2�ia*11: TOWATERIMM I P PfE • 7T.+s ASaD1T—ITI la 1LIP PPF�+]2e I t`.x A92UA1 � I. STA 18Bl.Q 5 1"4 LT NE:t1el' - $7m TOP APE +Tae / I �I' A88UAT f a'ONIE vuVE i pTA 1f•9I.N e.te'LT. It F. UMtf fll il: PouNo frre - ED 'f.ARTER ASSOC: OWNER: I.R.C. SOLID WASTE DISPOSAL DISTRICT PARCEL ID # 3338250001007000003.0 MATCH LINE PAGE 1 EXHIBIT "C" RECORD AND AS -BUILT SURVEY NOPETRO INDIAN RIVER COUNTY LAND FILL RNG FACILITY: 7625 9TH STREET S.W. VERO BEACH FL, 32966 SURVEY NOTES: 1) NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR THE HEREIN DEPICTED PARCEL OF LAND. 2) THE LAST DATE OF FIELD SURVEY WAS SEPTEMBER 24, 2024. 3) COORDINATES IF SHOWN ARE RELATIVE TO FLORIDA EAST ZONE STATE PLANE NAD'83. 4) ELEVATIONS IF SHOWN ARE RELATIVE TO NATIONAL GEODETIC VERTICAL DATUM OF 1988 (NAVD'88) DATUM. THE PRIMARY BENCHMARK IS INDIAN RIVER COUNTY BENCHMARK SMIODO13 ELEVATION- 22.97 NAVD 88 SITE BENCHMARK IS AS SHOWN HEREON. 5) BEARINGS SHOWN ARE RELATIVE TO THE GEODETIC GRID. 6) THIS SURVEY IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE 7) THIS DRAWING IS INTENDED TO BE PRINTED ON 24'X 36' MEDIA. 8) NO ENCROACHMENTS WERE FOUND, EXCEPTAS SHOWN. 9) NO UNDERGROUND IMPROVEMENTS WERE LOCATED. LEGEND OF SURVEY ABBREVIATIONS POB = POINT OF BEGINNING PRM = PERMANENT REFERENCE MONUMENT PCP. PERMANENT CONTROL :RIC = IRON ROD AND CAP IP . IRON PIPE D = CENTRAL ANGLE R . RADIUS A: ARC LENGTH -------------------------- 40 CONT ACT NG1' ... EvI:,xA. �yxR S,:xxaTlxN v.o. 0c. _^x3 I � Po:mO+N. !L :39ee t__.l w.wx�lawily�.o0 J'/ 1'• 'la oxD+rErartumxxo�txwkx _. Iulc uti.0] I::]518- Grt COUNTY ROAD NO. 606 (OLSO ROAD/9TH STREET SM (184' RIGHT-OF-WAY WIDTH PER FDOT RNV MAP SECTION 88601-2505, DATED 7/06/20) Cl FOUND I/2'O REBARBCAP itl REenR acnF ;.t•1'I. _ _•__-_•_._.___•_,_ STAMPED-LB4644- I e pEO -"'_^•-•--_ 1•; v /�^`_ "\ i i STATION 36-33.39 j tNNt •; F.' 1' - --- = 501 I ''{(1`'•. =REPRESENTS INFRASpR ICTURE BEING SOLD TO I.R.C. ,! .." ;`.I • � EXHIBIT "C" LU ,1 YV Ne'exzeu:iso�:y tWLil /x � Y �• , ,, ! � ,o?I i Q X z co ' RECORD AND AS -BUILT SURVEY O OWNER: N O P ET RO ECO ST , LLC NOPETRO INDIAN RIVER COUNTY LAND FILL RNG FACILITY. f w a o �: I) 7625 9TH STREET S.W. PARCEL ID # �'; ' =8 i 1;;, I VERO BEACH FL, 32966 033382500001002000001.0 ;� I I O ) I SURVEY NOTES: I Fes. L8' nac v 1) NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR THE EAST LINE OF EABT 12 L t'YRI ti+i HEREIN DEPICTED PARCEL OF LAND. OF WEST 12 OF TRACT 2 .l '1 f l I j; • j 2) THE UST DATE OF FIELD SURVEY WAS SEPTEMBER 21, 2024. OF WEST 1/2 OF TRACT 2 t' 3) COORDINATES IF SHOWN ARE RELATIVE TO FLORIDA EAST ZONE STATE B I ! r PLANE NAD'83. ) •-• 'w, 4) ELEVATIONS IF SHOWN ARE RELATIVE TO NATIONAL GEODETIC VERTICAL I :SII,^it,.4��;j.�M�;Y\w`:✓;NI�4"',,'Yj'ii�•��j;�I��:"+�y J2• isRE BEHCNMNEcesN DATUM OF 1988 (NAVD '88) DATUM. THE PRIMARY BENCHMARK IS INDIAN ' ': 'Y(, RIVER COUNTY BENCHMARK SMIODO13 ELEVATION- 22.97 NAVD 88 SITE 1 I I— E— BENCHMARK IS AS SHOWN HEREON. I'C"•LY; �.J :Y' I i wnN sn•u nl�J 5) BEARINGS SHOWN ARE RELATIVE TO THE GEODETIC GRID. ELEV =tJ]IIN�VD'NI 1' .; 1 F DAre valvE -'71 'J I I N: 1tExse].0 7) THIS SURVEY IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE 1 1 ` si],. Je•Jem 1 • �� E lxJtax3Y ]) THIS DRAWING IS INTENDED TO BE PRINTED ON 21' X 36• MEDIA JN.]e RT.�1 jj• 8) NO ENCROACHMENTS WERE FOUND, EXCEPTAS SHOWN. jj l •�^•j•'„'Ryt Y' E: mJ1m JJ ',^' ;`"' e'Yr 8^DOLE 9)NO UNDERGROUND IMPROVEMENTS WERE LOCATED. j — WEST LINEIIYY I .I ,n, oR �RE4 v 1E�` NrA JB.Je.,e LEGEND OF SURVEY 1^s,•s,, ire .'ar OF EAST ' , t••4.�s,'..:�Yt•,ti 9 t , i ` nersnN A A 7/20F POB=POINT OF BEGINNING 1 ,___• AeauL ,__ - ____- • PRM- PERMANENT REFERENCE N: tl4xsxJ.]1E f 'FRE HYD2Vfih9M8LY 1 , p&BlntT MONUMENT B sTA JNJS u ux. P W BEND PCP = PERMANENT CONTROL E'. erxExlJ150 1 FYD.W PK N-. IlUW A LILT ` i ? 6TA ]M]B.JD NI TS' RT. IR/C =IRON ROD AND CAP tJd nJJ(rnl EVJIw.0 ASJIUET J BTA JaM 01,BB.]B �R Y : I E Bn N.YJ =IRON PIPE R n 06E],n I , I TOR RwE • 1.N D OR = RCENTRAL ADIUS /• BTA JIMJxm N0.]S RT. E.V 11117 ._-•� N: ,, E1BEl.N TOPHVE +tBw I rjENp A=ARC LENGTH �-_ E.lxJIBJ.N " �9TAxWJEa 1- RI 1 N: ,14NN. I SB�RoE:4xeINA4 0• a "'`Y.. 'IDR RPE•1B.9L ETA x!+88.50 Nf W RT. 1 �, N vr.3-11 E ='ssnex-11 IMOTHY ROSE I Y] t' CONTRACTING MATCH LINE PAGE 2 � TJeY SNR g,.LYI.,. J0Y 198 I I lO�Joypn J Lavwsi.Y J181 '2-519 'E RINFJL10Iua 5taYirOa•wwTn 611#, aniek Iw .IIS mdl.c0m 1- RIDER TO EASEMENT AND BILL OF SALE OF UTILITY FACILITIES This Rider is attached to and made a part of that certain Easement and Bill of Sale of Utility Facilities dated July 17 , 2026 (the "Easement"), from NOPETRO ECO DISTRICT, LLC, a Florida limited liability company ("GRANTOR") to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida ("GRANTEE"). The Easement is hereby amended and supplemented as follows: 1. Limited Scope of Conveyance. Notwithstanding any language to the contrary, the conveyance and sale of utility facilities described in the first paragraph of the Easement is expressly limited to the portion of the water system improvements specifically described in Exhibit "C" (the "Utility Facilities") that is located within the easement area as legally described on Exhibit "B-1" and depicted on Exhibit "B-2" and located on the Grantor's property legally described in Exhibit "A" (the "Property"). No other utility facilities, infrastructure, or improvements located elsewhere on the Property are conveyed hereby. 2. County Maintenance Obligations. Fallowing acceptance of the Utility Facilities by GRANTEE, GRANTEE shall be responsible, at its sole cost and expense, for the ongoing testing, maintenance, repair, and replacement of the Utility Facilities conveyed herein. GRANTEE acknowledges that the Utility Facilities are essential infrastructure and agrees to maintain the same in good working order and condition (ordinary wear and tear excepted), and in compliance with all applicable laws and regulations. 3. Mortgage Acknowledgment. The warranty contained in the second paragraph of the Easement (beginning "And GRANTOR hereby warrants...") is modified to provide that such warranty of title is subject to and except for that certain Construction Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing recorded April 10, 2024 in Official Records Book 3689, Page 1455, Public Records of Indian River County, Florida, in favor of Pathward, N.A., as mortgagee (the "Mortgage"), which Mortgage is being subordinated to this Easement as evidenced by the Consent and Joinder to Easement by First Mortgagee executed by Pathward, N.A. simultaneously herewith. Further that GRANTOR warrants that all persons or entities which have supplied labor or materials with respect to the Utility Facilities in the easement area have been paid in full and that none of them has recorded a claim of lien against the easement area with respect thereto. 4. Rebuild and Restoration Rights. This Easement shall not limit or impair GRANTOR's right, or the right of any mortgagee or successor in interest, to rebuild, restore, or reconstruct any improvements on the Property following any casualty, condemnation, or other loss, so long as there are no structures placed within the easement area. Should Grantor seek to rebuild over the easement area, prior approval shall be sought by the GRANTEE's utilities director along with the execution of a hold harmless that is approved by the County Attorney, limited to claims arising from construction activities in proximity to the Utility Facilities; provided, however, that such agreement shall exclude any claims arising out of or relating to the activities, use, or {00126035.6} APPROVED AS TO FORM AND LEGAL Ski£ C( CY BY -4N-4� SUSAN J. PRADO DEPUTY COUNTY ATTORNEY occupancy of the easement area by GRANTEE or its employees, agents, contractors, invitees, successors, or assigns, including, without limitation, claims resulting from the gross negligence or willful misconduct of any of the foregoing. 5. Non -Interference and Coordination. GRANTEE shall exercise its rights under the Easement in a manner that does not unreasonably or materially interfere with GRANTOR's use, access, or operation of the Property. Except in the event of an emergency, GRANTEE shall provide GRANTOR with reasonable advance written notice prior to entering the Property to perform construction, maintenance, or repair activities and shall reasonably coordinate the timing and manner of such activities with GRANTOR so as to minimize disruption to GRANTOR's ongoing operations. 6. Abandonment of Utility Facilities. In the event GRANTEE determines that any portion of the Utility Facilities is no longer necessary for public utility purposes and permanently discontinues use thereof, GRANTEE shall provide GRANTOR with written notice of such abandonment. Following abandonment, GRANTOR shall allow GRANTEE to leave the Utility Facilities in place in a safe, capped, and non -operational condition, free of any continuing maintenance or operational obligation on the part of GRANTOR. Upon abandonment and permanent discontinued use of any portion of the Utility Facilities, the easement rights applicable solely to such abandoned facilities shall automatically terminate and the GRANTOR and GRANTEE shall file for record in the Public Records of Indian River County, Florida an amendment to this Easement reflecting such abandoned facilities. 7. Relocation of Utility Facilities. If, in connection with GRANTOR's future development, reconstruction, or improvement of the Property, it becomes reasonably necessary to relocate any portion of the Utility Facilities. GRANTOR may request such relocation by written notice to GRANTEE, accompanied by reasonable supporting information. GRANTEE shall cooperate in good faith with GRANTOR to evaluate the feasibility of such relocation. Any relocation shall be subject to GRANTEE's reasonable engineering standards and applicable governmental requirements. Unless otherwise agreed by the parties in writing, all costs associated with any relocation shall be borne by GRANTOR. 8. Indemnification by Grantee. To the extent permitted by applicable law, GRANTEE shall indemnify and hold harmless GRANTOR and its successors and assigns (including any mortgagee) from and against any and all claims, damages, losses, expenses, liens, judgments and suits arising out of the negligent acts or omissions of GRANTEE, or its contractors, employees or agents, in connection with GRANTEE's exercise of rights under the Easement, including, without limitation, in connection with any liens or claims arising from work performed by or on behalf of GRANTEE within the easement area. GRANTEE shall keep the Property free from liens arising from its work and maintenance and shall promptly discharge any lien filed against the Property by or through GRANTEE or its contractors, employees or agents. Nothing herein shall be construed as a waiver of GRANTEE's sovereign immunity or limitations under Section {00126035.6} 2 768.28, Florida Statutes. This indemnification shall survive the termination or conveyance of the Utility Facilities and shall be binding upon GRANTEE's successors and assigns. 9. Notice and Cure. In the event GRANTOR fails to perform any obligation under this Easement (including but not limited to the warranty provisions), GRANTEE shall provide written notice to GRANTOR and to Pathward, N.A. (or any successor mortgagee of record) at the addresses specified below. GRANTOR shall have thirty (30) days from receipt of such notice (or such longer period as may be reasonably necessary for obligations that cannot reasonably be cured within thirty days, provided GRANTOR commences the cure within such thirty -day period and diligently pursues the cure to completion) to cure such failure before GRANTEE may exercise any remedies available under this Easement or applicable law. Notices to Pathward, N.A. shall be sent to: Pathward, N.A. 5480 Corporate Drive, Suite 350 Troy, Michigan 48098 Attn: Structured Finance Portfolio Department. 10. Miscellaneous. (a) Except as expressly modified by this Rider, all terms and conditions of the Easement remain in full force and effect. (b) In the event of any conflict between the provisions of this Rider and the Easement, the provisions of this Rider shall control. (c) This Rider shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (d) This Rider shall be deemed to run with the land and shall be recorded in the Public Records of Indian River County, Florida. (e) This Easement may not be amended, modified, supplemented or assigned, in whole or in part, except by written instrument executed by both GRANTEE and GRANTOR, with prior written consent of any mortgagee of record, and recorded in the Public Records of Indian River County, Florida. (f) This Easement shall be construed and enforced in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Easement shall be brought exclusively in the state courts located in Indian River County, Florida, or in the United States District Court for the Southern District of Florida, and the parties hereby consent to the jurisdiction and venue of such courts. EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS EASEMENT. (Signature blocks and notary acknowledgments to follow) (00126035.6) 3 GRANTOR: NOPETRO ECO DISTRICT, LLC, a Florida limited liability company By: Print Na e: Herrera Title: na r- Addres : 1 �� Z ^�✓� {f (�o� �` l 3313 Signed, sealed, and delivered in the presence of the following witnesses: Sign: Print Name: Address: XSd IF Zed p_ _. Sign: Print Name. • Y (_ Address: ( �� . NOTARY ACKNOWLEDGMENT STATE OFf1`M(iCA, COUNTY OF MiUKAI The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this )a day of, L> -.Q. , 2026, by Jorge Herrera, as Manager of NOPETRO ECO DISTRICT, LLC, a Florida limited liability company, who executed on behalf of and with the authority of said entity. He is personally known to me. or has produced as identification. {00126035.6} [Signature page - Rider to Easement and Bill of Sale of Utility Facilities] Notary Public Sign ure- _ [AFFIX NOTARY SEAL] Print Notary Name- . Commission No.:o��"�*�s a ••.� SAYURI PONS My Commission Expires: 0aQ)2eY V--A� � * * Commission # HH 607171 m'r�OF F`pP��e Expires October 28, 2028 {00126035.6} [Signature page - Rider to Easement and Bill of Sale of Utility Facilities] GRANTOR: NOPETRO ECO DISTRICT, LLC, a Florida limited liability company By: 12� Print N6y&Wain Castro Title: Manager Address: 7207 Bay Drive, unit 12 Miami BeaGh FL 3„3141 Signed,;�: ddelivered in the presence of the following witnesses: Sign: Print N me: Address - Sign. --.0 Print Name: Addressl\fl Lq Q'almfleach FL 33141 NOTARY ACKNOWLEDGMENT STATE OF Florida COUNTY OF rowar The fore oi@ instrument was acknowledged before me by means of physical presence or @line not�a_rizzati�o , this 23rdby of June 2026, by Alain Castro, as Manager of NOPET SCO DISTRICT, LLC, a Florida limited liability company, who executed on behalf of and with the cluthorit of said entity. He is personally known to me or has produced Driver License as identification. Notary Public Signature: 4! [AFFIX NOTARY SEAL] Print Notary Name:Gralg Raoul Commission No.: HH 526302— 4,'av vpe. Graig Raoul My Commission Expires: iU10_ _ Notary Public State a(Florida * ' Commission riHH 526302 .w f ° Commission Expires on 9jFOF F�� Jun 8. 2028 {00126035.6} [Signature page - Rider to Easement and Bill of Sale of Utility Facilities] Online notarization performed via audio/video communication INDIAN RIVER COUNTY a political subdi ' ion of the State'of-Ff'rida By: ra Print Name: Dayl Loar Title: a nirnen Address: 1801 27th Street, Vero Beadrr;­11:,. 32960 Attest: Ryan L. Butler, Clerk of Circuit Court and Comptroller By: 'SL �tyCVrk Signed, sealed, 4nld�/lelivered in the presence of the following witnesses: Sign: Print Name: Address: \S Sign: Print Name: KiTberl • Nbil�" Address'. 1801 27th Street, Vero Beach, FL 32%0 NOTARY ACKNOWLEDGMENT STATE OF RMLl)A COUNTY OF imim RIVER The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this 17th day of July , 2026, by Decyl Loar , as Omimrm of INDIAN RIVER COUNTY, apolitical subdivision of the State of Florida, who executed on behalf of the County and with the authority of the County. He/she is personally known to me or has produced N/A as identification. Notary Public Signature: 6 // Print Notary Name: Kimberly K. Nb' Commission No.: ISI 368125 My Commission Expires: April 27, 2027 [AFFIX NOTARY SEAL] KIMBERLY K MOIRANO MY COMMISSION 5 HH 368125 EXPIRES: April 9, 2027 {00126035.6} [Signature page - Rider to Easement and Bill of Sale of Utility Facilities]