HomeMy WebLinkAbout1999 - Twin Piersr? koRt� AND ti's "H00N TO
VERO P&ACNi FLORIDA 32963
DARRELL FENNELL, ESQ.
979 Beachland Blvd.
Vero Beach, FL 32963
DOCUMENIAHY SIA(VIPS
DEED 5Xi;6ao.�a
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JEFFREY K. PRPTn», CtERK
MAN RISEN WUNiY
ParcelIDNumber: 06- 31- 39- 00020 - 0110 - 00001 /0
IN THE RECORDS OF
JEFFREY K BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO,, FLA.
Warranty Deed
This Indenture, Made this , j O _ day of IU , 19 9 9 A.D. , Between
GOOD GUYS, INC., a corporation existing under the laws of the State of
Florida
of the county of Indian River , State of Florida , grantor, and
CITY OF SEBASTIAN, a municipal corporation existing under the laws of
the State of Florida
whose address is: 1225 Main Street, Vero Beach, Florida 32958
of the county of Indian River , State of Florida , grantee.
W itnesseth that the GRANTOR, for and inconsideration of the sum of
----------------- - - - - -- -TEN DOLLARS ($10) ----------------- - - - - -- DOLLARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate,
lying and being in the County of Indian River State of Florida to wit:
Lots 11, 12, 13, 14 and 15, Block 9, and the North 1/2 of abandoned
Jefferson Street bounded on the West by the Southerly projection of
the West line of Lot 15, Block 11, and bounded on the South by the
b center line of the 80 foot abandoned right of way extended from its
r4 intersection with the projection of the West line of Lot 15 to the
re West right of way line to Old Dixie Highway.
` AND ALSO, Lots 1 through 5, Block 11, and the South 1/2 of an
K abandoned Harrison Street right of way extending Eastward from the
East line of Old Dixie Highway to the edge of the Indian River.
AND ALSO the North 1/2 of abandoned Jefferson Street right of way
k extending from Old Dixie Highway eastward to the Indian River;
� All lying and being in EDGEWATER PARK SUBDIVISION, according to the
plat thereof as recorded in Plat Book 1, Page 23, public records of
Indian River County, Florida.
Subject to easements of record and taxes after 1999.
Subject to, and the Grantee assumes all responsibility for and holds
the Grantor harmless from, any assessments or assessment liens
relating to the "Riverfront Water Project" of the City of Sebastian.
and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever.
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In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written.
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Sign sealed and delivered in our presence:
GOOD GUYS , INCA . �'
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By : (Seal)
Pri ed N e:.��et���L Luci ano Co ese, Vice Pres�deit -
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Witness
P.O. Address: 5025 Fairways Circle
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Vero Beach, FL 32967
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Printed Name:
Witness
i
(Corporate, 04)
STATE OF Florida
COUNTY OF Indian River
The foregoing instrument was acknowledged before me this
-� day of 1- C� Q , r �`�� , 19 9 ` . x' by .
Luciano Cortese, Vice President
of Good Guys, Inc., a Florida
corporation
he is personally known tome or he has produced his Florida
driver' license as identification.
PAMELA PROFFITT
Printed Name:
,,%I
MY COMMISSION # CC 691490
Notary Public
t, ',we ° EXPIRES: January, 13, 2002
Cam,...
My Commission Expires:
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990816 :rT��.. »ua_�•�
Laser Generated by ®Display Systems, Inc., 1998 (941) 763 -5555 Form FLWD -I
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD LANGUAGE FOR PROPERTY RECORDS
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Notice of Limitation of Use /Site Dedication
The Property identified in the attached project agreement and boundary map has been
acquired or developed by the project sponsor with financial assistance provided by the
Florida Department of Environmental Protection (DEP) in accordance with Program
statutes. Pursuant to requirements of that rule, land already owned and then developed
or land acquired by the project sponsor with grant assistance shall be dedicated in
perpetuity as an outdoor recreation area for the use and benefit of the general public.
Leased land developed by the project sponsor with program assistance shall be
dedicated as an outdoor recreation area for the general public for a minimum of twenty -
five (25) years after completion of development. If the project sponsor should convert
any part of the project area or the facilities thereon,. whether acquired or developed with
grant assistance, to other than DEP approved recreational uses, the project sponsor
shall replace the area and facilities at its own expense with a DEP approved project of
comparable or greater scope and quality. In lieu of such replacement, DEP may require
return of grant funds disbursed to the project sponsor. Grant funds shall be refunded
with interest, calculated at two (2) percent over the prevailing prime rate as reported by
the Federal Reserve.
I certify that copies of the Notice of Limitation of Use /Site Dedication form, project
agreement and project boundary map have been filed in the County Courthouse with
the deed to the property on which the following grant project is located:
_Expansion of Riverview Park F20065
P Proje me and Number
Signatur of Liaison Agent
Terrence Moore, City Manager
Typed Name and Title
April 21, 2000
Date
FPS -A038 (8/13/98)
ASSIGNMENT
`t
THIS ASSIGNMENT made and entered into this e day of
��►, -,�r� , 1999, by and between GOOD GUYS, INC., a Florida
corporation, hereinafter referred to as the "Assignor ", and THE
CITY OF SEBASTIAN, Sebastian, Florida, whose address is 1225 Main
Street, Sebastian, FL 32958, hereinafter referred to as the
"Assignee ", and for and in consideration of the sum of Ten Dollars
and other valuable considerations, the Assignor hereby assigns and
transfers to the Assignee the following:
All of Assignor's right, title, interest and claim
(without warranties or covenants of title) in and to that
certain submerged lands lease entered into between the
Assignor as Lessee, and the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida
as Lessor, being Lease No. 311537314 for the period of
time 11/4/99 to 11/4/2000.
Together with all improvements thereon, if any.
Subject to and the Assignee agrees to pay all lease
payments that may presently be due for the current term
and all subsequent payments due under said lease.
TO HAVE AND TO HOLD the same, subject to the terms,
provisions, limitations and conditions of the existing lease and
also subject to such rules and regulations as may be promulgated
from time to time by the Lessor or the Bureau of Public Lands or
the Department of Environmental Protection or such other
governmental body having jurisdiction over same.
IN WITNESS WHEREOF, the said Assignor has caused this
instrument to be executed in its name and its corporate seal to be
hereunto affixed on the day and year first aoove written.
Signed, sealed and delivered
in the presence of:
i
Wit es�f (/
C
Witness Pa1Ae �UU';T
Good Guys, Inc., a
Florida corpora
By
Luciano ort Vice T—Psident
(Corporate Seal)
State of Florida
County of Indian River:
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the state and county aforesaid to take acknowledg-
ments, personally appeared Luciano Cortese, personally known to me
and who is well known to me to be the vice president of Good Guys,
Inc., a Florida corporation, who executed the foregoing Assignment,
and that he acknowledges that he has full authority to execute same
and that the corporate seal affixed hereto is the true corporate
seal of said corporation, and that he did not take an oath.
WITNESS my hand and official seal in the county and state last
aforesaid this 3o day of 1999.
� R-e-
Notary Public - State of Florida
(Notary Seal) My commission expires:
�1�,pYipBGn °A�9ELAPROFF(TT
MY COMMISSION # CC 691490
111 OF f`p�� EXPIRES: January 13, 2002
1- 800 - 3-NOTARY Fie. Notary Service 8 Bonding Co.
This instrument prepared by:
Darrell Fennell
979 Beachland Blvd.
Vero Beach, FL 32963
OWNER'S AFFIDAVIT
NON - FOREIGN CERTIFICATE
AND
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER
STATE OF Florida
COUNTY OF Indian River
BEFORE ME, the undersigned authority, personally appeared
Luciano Cortese, Vice President of GOOD GUYS, INC., a Florida
corporation, on behalf of the corporation,
(the "Seller ") , ( "Seller" refers to singular or plural as context
requires) who, first being duly sworn, deposes and says:
A. OWNER'S AFFIDAVIT
1. Seller is the owner of the following described property (the
"Property ") :
Lots 11, 12, 13, 14 and 15, Block 9, and the North 1/2 of abandoned
Jefferson Street bounded on the West by the Southerly projection of
the West line of Lot 15, Block 11, and bounded on the South by the
center line of the 80 foot abandoned right of way extended from its
intersection with the projection of the West line of Lot 15 to the
West right of way line to Old Dixie Highway.
AND ALSO, Lots 1 through 5, Block 11, and the South 1/2 of an
abandoned Harrison Street right of way extending Eastward from the
East line of Old Dixie Highway to the edge of the Indian River.
AND ALSO the North 1/2 of abandoned Jefferson Street right of way
extending from Old Dixie Highway eastward to the Indian River;
All lying and being in EDGEWATER PARK SUBDIVISION, according to the
plat thereof as recorded in Plat Book 1, Page 23, public records of
Indian River County, Florida.
Street Address: Sebastian, Florida
2. There is no outstanding contract for the sale of the property
to any person or persons whomsoever, nor any unrecorded deed, mortgage
or other conveyances affecting the title to the Property.
3. There are no liens, encumbrances, mortgages, claims, boundary
line or other disputes, demands or security interests in, on or against
the Property or any goods, furnishings, appliances, fixtures or
equipment now installed in or which are to be affixed to the Property;
(except for mortgages described in the deed given by the undersigned) ;
that there are no unpaid taxes, levies, assessments, paving liens or
utility liens against the Property (other than real estate taxes for
the current year) .Cti -k Z�j
4. There have been no improvements made upon the Property within
the past ninety (90) days for which there remain any outstanding and
unpaid bills for labor, materials or supplies for which a lien or liens
might be claimed by anyone.
5. There are no matters pending against Seller which could give
rise to a lien that would attach to the Property during the period of
time between the effective date of the title insurance commitment and
the time of recording of the instruments evidencing the Buyer's fee
simple or other interests in the Property; and that the Seiler has not
executed and will not execute any instrument that would adversely
affect the title to the Property from the date of this Affidavit
forward.
6. There are no judgments, claims, disputes, demands or other
matters pending against Seller that could attach to the Property.
Seller has complied with the Florida Sales Tax laws where applicable.
Seller acknowledges responsibility for water, sewer and electrical
consumption charges through date of closing or occupancy by Buyer,
whichever first occurs.
7. Seller is in sole constructive or actual possession of the
Property and no other person has any right to possession of the
Property, or asserts any claim of title or other interests in it.
8. Seller represents there are no violations of governmental
laws, regulations or ordinances pertaining to the use of the Property.
Laser Generated by 0 Display Systems, Inc., 1998 (941) 763.5555 Form FLAFF -5
Owner's Affidavit -Page 2
B. NON- FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NUMBER
Section 1445 of the Internal Revenue Code provides that a
transferee ( "Buyer ") of a U.S. real property interest must withhold tax
at a rate of 100 of the amount realized on the disposition if the
transferor ( "Seller ") is a foreign person. To inform the Buyer that
withholding of tax is not required upon the disposition of a U.S. real
property interest by the Seller, the undersigned hereby swears, affirms
and certifies the following as or on behalf of the Seller:
1. Seller's Legal Name Is:
GOOD GUYS, INC., a corporation existing under the laws of the
State of Florida
2. Seller's Home Address or Office Address
if Corporation, Partnership or Trust:
3. Seller is not a non - resident alien (if individual) or a
foreign corporation, foreign partnership, foreign trust or
foreign estate (as those terms are defined in the Internal
Revenue Code and Income Tax Regulations).
In connection with the sale or exchange of the Property you are
required by law to provide
GOULD, COOKSEY, FENNELL, O'NEILL & MARINE, P.A.
with your correct taxpayer identification number (TIN). If you do not
so provide your TIN, you may be subject to civil or criminal penalties
imposed by law.
4. Seller's Taxpayer Identification Number:
(TIN or SSN for Individuals)
NAME SOCIAL SECURITY NUMBER
GOOD GUYS, INC.
5. For purposes of reporting this transaction to the Internal
Revenue Service on Form 1099 -S, the property is Seller's
(check one):
Principal Residence
_�_ Other Real Estate
This taxpayer identification number is being provided in
connection with a real estate transaction.
The undersigned understand that this Certificate may be disclosed
to the Internal Revenue Service by the Buyer and that any false statement
contained herein could be punished by fine, imprisonment or both.
Under penalties of perjury, I declare that I have examined this
certification and to the best of my knowledge and belief it is true,
correct and complete, and I further declare that I have authority to
sign this document as or on behalf of the Seller, and that the number
shown on this statement is Seller's correct TIN.
Seller states that this instrument is given for the express
purpose of inducing the City of Sebastian, Florida
to purchase the Property and to cause
GOULD, COOKSEY, FENNELL, O'NEILL & MARINE, P.A.
as agents for Commonwealth Land Title Insurance Company
to insure title to said property. This Affidavit is made under the full
understanding of the law regarding liability for any misrepresentation
herein. I-Ir�-
DATED this 3 day of �c.0 -a--, 1999
GOOD GUY SCINC.
BY,
Luciano o ese
Vice President
(Corporate Seal)
Laser Generated by 0 Display Systems, Inc., 1998 (941) 763 -5555 Foam FLAFF -5
® Owner's Affidavit -Page 3
STATE OF Florida
COUNTY OF Indian River h
Sworn to and subscribed before me this,_ U day of 1999 by
Luciano Cortese, Vice President of Good Guys, Inc., a Florida
corporation
he is personally known to me or he has produced his Florida driver's
license as identification.
Printed Name:
Notary Public
My Commission Expires:
R PAMELA PROFFITT
MY COMMISSION #CC 691490
�eol` 10�� EXPIRES: January 13, 2002
1-800-3-NOTARY Flo. Notary Service 8 Bonding co.
990816 Laser Generated by C Display Systems, Inc., 1998 (941) 763.5555 Form FLAFF -5
and ( "Bauer"),
City of Sebastian Florida (Phone) 561 3884203
hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Pro a )upon the following terms and conditions, which
Include Standards for Real Estate Transactions ("Standard (sl ") on the reverse side hereof or attached hereto and riders and addenda to this Contract for Sale and Purchase ( "ContracC .
I. DESCRIPTION:
(a) Legal description of the Real Property located in _
See attaches
Indian River
Schedule "A"
County, Florida:
(b) Street address, city, zip, of the Pr perty is: Indian River Drive, Sebastian, FL
(c) Personal Property: ri%a
II. PURCHASE PRICE: ......................................................................................................................................................................................................... $660,000.00
PAYMENT:
(a) Deposit held in escrow by
(b) Additional escrow deposit to be made within days after Effective Date (as defined in Paragraph III) in the amount of
(c) Subject to AND assumption of existing mortgage in good standing in favor of
an approximate present principal balance of
in the amount of ......
(d) Purchase money mortgage and note to Seller (see addendum) in the amount of ..................................................................... ............................... $
(e) Other: Credit For Option Payment $ 5,000.00
(f) Balance to close by U.S. cash, LOCALLY DRAWN certified or cashier's check or third -party loan, subject to adjustments or prorations ............... $ 655, 000.00
III. TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before /V�A the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract ( "Effective Date ") will
be the date when the last one of the Buyer and Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals.
I. .
(3) 11 tile Pulul IN50 MILT 01 tiny Pal 1 01 11 is to be 1111driceal by a mira-party loan, is Contract is conditioned on Buyer obtaining a written commitment within days after Effe ctive
l n s raeno o
expenses. it tj uyer Tails to obtain a comma en or fails to waive Buyer's rights under this subparagraph within the time for obtaining a commitment or, after diligent effort, fails to meet
notice o e o er, may cancel is Contract an uyer s a e re un e e eposlt s ; or
Uapsfai; some fixed iplArest ratag We SUNG0 tS the Fa4e shall Fiat emeeed % Fe a mintim. Selle sl trill, ovitl i days afte. Effective BUIS, full fibmima
plane to pag tho
V. TITLE EVIDENCE: At least 10 days before closing date,
has keen appmued fgp the leap assumptis me-fa (CHECK ONLY ONE):]KSeller shall, at Seller's
expense, deliver to Buyer or Buyer's attorney; or ❑ Buyer shall at Buyers expense obtain (CHECK ONLY ONE): ❑ abstract of title; orXKitle insurance commitment (with legible copies of
instruments listed as exceptions attached thereto) and, after closing, an owners policy of title insurance.
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on 12/3/99 unless modified by other provisions of this Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by
governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and
subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided, that there exists at closing no violation of the foregoing
and none prevent use of the Property for Public Park Uses purpose(s).
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof
and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. If occupancy
is to be delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to
have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them.
X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract):
(a) ❑ COASTAL CONSTRUCTION CONTROL LINE (d) ❑ VA/FHA (g) ❑ HOMEOWNERS' ASSOCIATION DISCLOSURE
(b) ❑ CONDOMINIUM (e) ❑ INSULATION (h) ❑ RESIDENTIAL LEAD -BASED HAZARD DISCLOSURE
(c) ❑ FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (f) ❑ "AS IS" (1) ❑
XI. ASSIGNABILITY: (CHECK ONLY ONE): Buyer ❑ may assign and thereby be released from any further liability under this Contract; ❑ may assign but not be released from liability
under this Contract; orM may not assign this Contract.
XII. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from
your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property.
(c) If the Real Property includes pre -1978 residential housing then Paragraph X (h) is mandatory.
XIII. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of:
(a) $ n/a for treatment and repair under Standard D (if blank, then 2% of the Purchase Price).
(b) $ n/a for repair and replacement under Standard N (if blank, then 3% of the Purchase Price).
XIV. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE NX
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
1 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
�es not egnstitute rnton at any of the terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions s_hou_Id,_ _
go ' d based upon the respective interests, objectives and bargaining positions of all interested persons.
RIGHT 1995 BY THE FLORIDA B R AND THE FLORIDA ASSOCIATION OF REALTORS
'e n R. ore; City Manager ate) (Seller) ate)
aoclal ae unry or-lax l.u. n
/
(Buyer) j4 M. Oren, City ChM )
Social Security or Tax 1. D. #
ooclal aecurlry or lax l. u. s L. r
010i
(Seller) (Date)
Social Security or Tax I.D. #
Deposit under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE.
BROKER'S FEE: The brokers named below, including listing and cooperating brokers, are the only brokers entitled to compensation in connection with this Contract:
Name: ����� l��C� 9/�d/� r %✓L
Listing Broker Cooperating Brokers, if any
FAR /BAR -4 Revised 12/95 RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS® OR THE FLORIDA BAR
(Escrow Agent)
STANDARDS FOR REAL ESTATE TRANSACTBONS
A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting
to be an accurate synopsis of the instruments affecting title to the Real Property recorded in the public records of the county wherein the Real Property is located through Effective Date. It
shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject
to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the
deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to the Real Property, subject only to liens, encumbrances, exceptions or
qualifications provided in this Contract and those to be discharged by Seller at or before closing. Seller shall convey marketable title subject only to liens, encumbrances, exceptions or
qualifications provided in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer
shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall within 3 days thereafter, notify Seller
in writing specifying the If defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defects, failing which Buyer shall, within five (5) days
after expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent
effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall be immediately returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have
accepted the title as it then is. Seller shall, if -title is found unmarketable, use diligent effort to correct defect(s) within the time provided therefor. If Seller is unable to timely correct the defects,
Ruyer.shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligation under this Contract. . .
C. SURVEY: Buyer, at Buyers expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certified by a registered Florida
surveyor. if the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions,
Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described in Paragraph VII hereof, title to
which is in accordance with Standard A.
F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of ail written leases and estoppel letters from each tenant specifying the nature and duration of the
tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seiler is unable to obtain such letter from each tenant, the same information shall be furnished by
Seller to Buyer within that time period in the form of a Sellers affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all
original leases to Buyer.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement, claims of lien or potential
lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days immediately preceding date of closing. If the Real Property
has been improved or repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all general contractors, subcontractors, suppliers and materialmen
in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or
repairs which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at the closing of this Contract.
H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent designated by Seller.
I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end
on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract.
J. DOCUMENTS FOR CLOSING: Seller shall furnish the deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant and mortgagee estoppel
letters and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement and financing statements.
K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. Documentary stamps and intangible tax on the purchase money mortgage
and any mortgage assumed, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid by the Buyer. Unless otherwise provided by law or rider to
this Contract, charges for the following related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid by the party responsible for
furnishing the title evidence in accordance with Paragraph V.
L. PROBATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before closing. Buyer shall have the option
of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations to
be made through day prior to closing or occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will
be credited to Seller. Taxes shall be prorated based on the current years tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs
at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current years
assessment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January list of year of closing, which improvements
were not in existence on January 1st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agreed upon between the parties;
failing which, request shall be made to the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration based on an estimate shall, at
request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing.
f
h
service and access to the ProDerty for insoections, including
P19�oeorrf irm�Mret- tdhil ems�f�ersunal� .coperLyare�atbel3eaLP1� �• ; ��d, si�jgeEto-tHe- feregeiagT. tttizt�lLraquirod. rapaics. aacLwplacoraeatc��ava l�amadoaac1.tt3at
the- PIt> I7e1' ty- irn�ttrdirrcfi�utnoFtirrtited- teaewfr,- eklreb�e +;y- acid�c�et�iLar>y,Jaas- beea ti. cpaiataiaed- ira- tke�aadiiier} �xistiagas- o>- Effoctive. Daterocdir a'acyaoFeacsad.isacsxsepted'
O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged,
cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at closing. If the cost of restoration
exceeds 3% of the assessed valuation of the Property so damaged, Buyer shall have the option of either taking the Property as is, together with either the 3% or any insurance proceeds
payable by virtue of such loss or damage, or of canceling this Contract and receiving return of the deposit(s).
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be continued at
Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be
held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no
fault of Buyer, Buyer shall, within the 5 -day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails
to timely cure the defect, all deposit(s) and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment,
Buyer shall return the Personal Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for
refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of
sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing,
and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that
it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer- mortgagor. The escrow and closing procedure required by this Standard shall be
waived if the title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended.
O. ESCROW: Any escrow agent ("Agent' ) receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to
clearance, disburse them in accordance with terms and conditions of this Contract. Failure of funds to clear shall not excuse Buyers performance. If in doubt as to Agent's duties or liabilities
under the provisions of this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgement
of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all
parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real
estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder,
or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from and out of
the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or
Seller of items subject to the escrow, unless such misdelivery is due to willful breach of the provisions of this Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation, which, for purposes of
this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the
non - prevailing party reasonable attorney's fees, costs and expenses.
S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s) agreed to
be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any
claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or Seiler, at Sellers option, may proceed in equity to enforce Sellers rights under this Contract.
If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific
performance or elect to receive the return of Buyers deposit(s) without thereby waiving any action for damages resulting from Sellers breach.
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to
the benefit of the. parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for
any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to the Real Property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject
only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the request of the Buyer, be transferred by an absolute bill of sale with warranty
of title, subject only to such matters as may be otherwise provided for herein.
�.V OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change in this
Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
W. WAPJ3ANTY: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been
disolesed to Buyer.
Rev. 12/95 COPYRIGHT 1995 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS®
9
ADDENDUM TO CONTRACT FOR PURCHASE BETWEEN
GOOD GUYS, INC., AND MY-OF SEBASTIAN FOR PARK EXPANSION
The following additional terms apply to the purchase contract herein:
The City shall assume and liquidate that certain special assessment for the
"Riverfront Water Project Assessment" as to the subject property.
2. Seller shall comply with Florida Statute 196.29 as to property taxes.
DATED this day of November, 1999.
ATTEST:
Kathryn . O'Halloran, City Clerk
GOOD GUYS, INC.
Luciano ese,
Approved as to form and legality for
reliance by the City of Sebastian only:
2
Rich Stringer, City A t rney
ATTEST:
4&M t M n a4%�E5
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 11, 12, 13, 14, and 15, Block 9, and the North half of
abandoned Jefferson Street bounded on the West by Southerly
projection on the West line of Lot 15, Block 11, and bounded on
the South by the center line of the 60 foot abandoned right -of-
way extended from its intersection with the projection on the
West line of Lot 15 to the West right -of -way line to Old Dixie
Highway. AND ALSO, Lots 1 through 5, Block 11, and the South
half of an abandoned Harrison Street right -of -way extending
Eastward from the East line of Old Dixie Highway to the edge of
Indian River AND ALSO, the North half of abandoned Jefferson
Street right -of -way extending from Old Dixie Highway Eastward to
the Indian River; all lying and being in EDGEWATER PARK
SUBDIVISION, according to the plat thereof filed in Plat Book 1,
Page 23, Public Records of Indian River County, Florida.
ISSUED BY
COMMONWEALTH LAID TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE
Commonwealth POLICY NUMBER
A LANDAMERICA COMPANY A 0 2 m 4 1 3 51 4
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein
called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated
in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest:
(�✓ Secretary II // President
i
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 which arise by reason of:
1. (a) Any taw, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
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 which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
ALTA Owner's Policy (10- 17 -92) Face Page
with Florida Modifications Valid Only If Schedules A and B and Cover Are Attached
Form 1190 -21 ORIGINAL
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase including, but not limited to, heirs,
distributees, devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant ": an insured claiming loss or damage.
(c) "knowledge" or "known ": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land ": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The
term "land" does not include any property beyond the lines of the area
described or referred to in Schedule A, nor any right , title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy.
(e) "mortgage ": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "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 Section 1(a) (iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketability of the title ": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest
in the land, or holds an indebtedness 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 covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. 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 indebtedness 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 4(a) below, (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, 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
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect, lien or encumbrance or other matter 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 and 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 which allege matters not insured
against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its
opinion may be necessary or desirable to establish the title to the estate or
interest, 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 hereunder, and shall not thereby
concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit the
Company 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 any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (ii) in any
other lawful act which in the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest 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.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defect in, or lien or encumbrance on the title, or
other matter insured against by this policy which 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. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
or damage, 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
proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after
Date of Policy, which 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 records,
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which 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 judgement of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim.
6. 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, which were authorized by the Company, up to the
time of payment or tender of payment and which the Company is obligated
to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, and the policy shall be
surrendered to the Company for cancellation.
(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, together
with any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to time of payment
and which 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 which were authorized
by the Company up to the time of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (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.
B 1190 -2
Conditions and Stipulations Continued Inside Cover
-. .
Issued with Policy Igo.—
PolicyNo.: A02- 473514
File No.: 990816
SCHEDULE A
Effective Date: 12 / O 1 / 9 9
03 :56.00 p.m.
Amount of Insurance: $660,000.00
1. Name of Insured:
CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the
laws of the State of Florida
2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if
other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in
Official Records Book 130 6 Page 1440 of the Public
Records of Indian River County, Florida.
3. The land referred to in this policy is described as follows:
Lots 11, 12, 13, 14 and 15, Block 9, and the North 1/2 of abandoned
Jefferson Street bounded on the West by the Southerly projection of
the West line of Lot 15, Block 11, and bounded on the South by the
center line of the 80 foot abandoned right of way extended from its
intersection with the projection of the West line of Lot 15 to the
West right of way line to Old Dixie Highway.
AND ALSO, Lots 1 through 5, Block 11, and the South 1/2 of an
abandoned Harrison Street right of way extending Eastward from the
East line of Old Dixie Highway to the edge of the Indian River.
AND ALSO the North 1/2 of abandoned Jefferson Street right of way
extending from Old Dixie Highway eastward to the Indian River;
All lying and being in EDGEWATER PARK SUBDIVISION, according to the
plat thereof as recorded in Plat Book 1, Page 23, public records of
Indian River County, Florida.
GOULD, COOKSEY, FENNELL,
O'NEILL & MARINE, P.A.
979 BEACHLAND BLVD.
, FL 32963
Countersigned:
Authorized Officer or Agent
ALTA Ownees Policy
Schedule A
Fonn 1190 -47 (09/96 DisplaySoft 21- WIN- I- FL -OWNA)
SCHEDULE B
File No: 990816
PolicyNo.: A02- 473514
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which
arise by reason of:
1. Taxes for the year 1999 and taxes or assessments which are not shown as existing liens by the public records or which may
be levied or assessed subsequent to the date hereof.
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey
or inspection of the premises.
4. Easements or claims of easements not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
6. Any claim that any part of said land is owned by the State of Florida by right of sovereignty, and riparian rights, if any.
7. Easement for utility purposes over the rear 5 feet of Lots 11 -15,
Block 9, and the Westerly 5 feet of Lots 1 -5, Block 11, of the
insured land as reserved on the Plat of Edgewater Park recorded in
Plat Book 1, Page 23, public records of Indian River County, Florida.
8. Easement to Florida Power & Light Company as contained in instrument
recorded in Official Record Book 783, Page 1177, public records of
Indian River County, Florida.
9. The right, title or interest, if any, of the public to use any part
of the land seaward and /or lakeward of the most inland of any of the
following: (a) the natural line of vegetation; (b) the most exteme
highwater line; (c) the bulkhead line; and (d) any other line which
has been legally established as relating to such public use.
10. Title to no portion of the insured land below the mean high water
line (mark) of any navigable waterbody is insured.
11. Assessment liens for Riverfront Water Project imposed by the City of
Sebastian pursuant to Resolution No. 94 -53 recorded in Official
Record Book 1043, page 0887, and Resolution No. R96 -05 recorded in
Official Record Book 1087, Page 2054, all in the public records of
Indian River County, Florida.
ALTA Owners Policy - UH Owners Schedule B of this Policy consists of Pages.
Schedule B
Foam 1190 -36
(09/96 DisplaySoft 27- WIN- I- FL -OWNB)
CONDITIONS AND STIPULATIONS
(Continued)
7. DETERMINATION AND EXTENT OF LIABILITY.
The Company shall be subrogated to and be entitled to all rights and
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 and
only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or
interest as insured and the value of the insured estate or interest subject
to the defect, lien or encumbrance insured against by this policy.
(b) The Company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section 4 of these Conditions and
Stipulations.
remedies which the insured claimant would have had against any person
or property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or property neces-
sary in order to perfect this right of subrogation. The insured claimant
shall permit the Comnanv to sue, compromise or settle in the name of the
tnsurea claimant ano to use the name of the msurea claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but the Company, in that event,
8. APPORTIONMENT. shall be required to pay only that part of any losses insured against by this
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one
or more of the parcels but not all, the loss shall be computed and settled
on a pro rata basis as if the amount of insurance under this policy was
divided pro rata as to the value on Date of Policy of each separate parcel
to the whole, exclusive of any improvements made subsequent to Date of
Policy, unless a liability or value has otherwise been agreed upon as to
each parcel by the Company and the insured at the time of the issuance
of this policy and shown by an express statement or by an endorsement
attached to this policy.
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 unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(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 therefrom, adverse
to the title as insured.
(c) The Company shall not be liable for loss or damage to any 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,
attorneys' fees and expenses, shall reduce the amount of the insurance
pro tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay 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
hereafter executed by an insured and which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed,
in which case proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
ALTA Owner's Policy (10- 17 -92) Cover Page
with Florida Modifications
Form 1190 -22
policy which shall exceed the amount, if any, lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non - insured Obligors.
The Company's right of subrogation against non - insured obligors
shall exist and shall include, without limitation, the rights of the insured
to indemnities, guaranties, other policies of insurance or bonds, notwith-
standing any terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy.
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.
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, any service of the Company in connection with its i §suance
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 hereto
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, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted
to this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that
provision and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number
of this policy and shall be addressed to: Consumer Affairs Department,
P.O. Box 27567, Richmond, Virginia 23261 -7567.
Inquires regarding policy coverage and assistance in resolving complaints,
should be directed to the Company at (407) 425 -6121. Claims must be
reported in accordance with Conditions and Stipulations.
Valid Only If Face Page, Schedules A and B Are Attached
ORIGINAL
OWNER'S POLICY OF
TITLE ISURANCE
AMERICAN LAND TITLE ASSOCIATION
(10- 17 -92)
(WITH FLORIDA MODIFICATIONS)
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
I* Commonwealth
A LANDAMERICA COMPANY
Title Insurance Since 1876
HOME OFFICE:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235 -5153
B 1190 -22
A WORD OF THANKS.....
As we make your policy a part of our permanent
records, we want to express our appreciation
of this evidence of your faith in Commonwealth
Land Title Insurance Company.
There is no recurring premium.
This policy provides valuable title protection and
we suggest you keep it in a safe place where it
will be readily available for future reference.
If you have any questions about the protection
provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
Commonwealth Land Title
Insurance Company
P.O. Box 27567
Richmond, Virginia 23261 -7567
TOLL FREE NUMBER: 1- 800 - 446 -7086
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE
Commonwealth
A LANDAMERICA COMPANY
COMMITMENT NUMBER
8b `i- i1Sb5'l
COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of
the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of
Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for
shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the
company.
In Witness Whereof, the said Company has caused its Corporate Name and Seal to be hereunto affixed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned on Schedule A by an
Authorized Officer or Agent of the Company.
Attest: / / a0z c k ��ii/Lt�r4
�/G�i.✓✓� Secretary
American Land Title Association Commitment - 1966
Face Page
Form 1004 -217
COMMONWEALTH LAND TITLE INSURANCE COMPANY
�QNp11TLF�y
J'
9 ;
w �
n
President
IL
ORIGINAL
Valid Only If Schedules A, B and Cover Are Attached
Commitment For Title Insurance
SCHEDULE A
Commitment Number: 8 6 4- 7 7 5 6 5 4 Effective Date: 11 / 16 / 9 9
08 :00 , a .m.
File Number: 9 9 0 816
1. Policy or Policies to be issued:
OWNER'S:
Proposed Insured: $ 6 6 0, 0 0 0 .0 0
CITY OF SEBASTIAN, FLORIDA
LOAN:
Proposed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple
and title thereto is at the effective date hereof vested in: '
GOOD GUYS, INC., a corporation existing under the laws of the State of
Florida
3. The land referred to in this Commitment is described as follows:
Lots 11, 12, 13, 14 and 15, Block 9, and the North 1/2 of abandoned
Jefferson Street bounded on the West by the Southerly projection of
the West line of Lot 15, Block 11, and bounded on the South by the
center line of the 80 foot abandoned right of way extended from its
intersection with the projection of the West line of Lot 15 to the
West right of way line to Old Dixie Highway.
AND ALSO, Lots 1 through 5, Block 11, and the South 1/2 of an
abandoned Harrison Street right of way extending Eastward from the
East line of Old Dixie Highway to the edge of the Indian River.
AND ALSO the North 1/2 of abandoned Jefferson Street right of way
extending from Old Dixie Highway eastward to the Indian River;
See Continuation Sheet
GOULD, COOKSEY, FENNELL,
O°NEILL & MARINE, P.A.
979 BEACHLAND BLVD. /
VERO BEACH FL 32963
Countersigned:
ALTA Commitment - 1996
Schedule A
Foam 1004 -118
Authorized Officer or Agent
Valid Only If Face Page, Schedule B and Cover Are Attached.
(09/96 DisplaySoft 27- WIN- I- FL- CSCHA)
CONTINUATION SHEET
(SCHEDULE A -3 CONTINUED)
Commitment or Policy No.: 864-775654
All lying and being in EDGEWATER
plat thereof as recorded in Plat
Indian River County, Florida.
CS (10 /97DisplaySoft27- WIN- I- FL- CSCHACON)
PARK SUBDIVISION, according to the
Book 1, Page 23, public records of
Commitment No.: 864 775654
File No.: 990816
SCHEDULE B -SECTION I
The following are requirements to be complied with:
1. Payment of the full consideration to or for the account of the grantors or mortgagors.
2. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable.
3. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record:
Warranty Deed from Good Guys, Inc., a Florida corporation, to the
City of Sebastian, Florida.
4. Satisfactory evidence that Good Guys, Inc. is a validly existing
corporation in the state of Florida and was validly existing on
January 20, 1989, and appropriate and satisfactory corporate
resolution authorizing and approving the sale and conveyance to the
proposed owner.
5. Payment of the 1999 ad valorem real estate taxes.
6. Payment and redemption of ad valorem real estate taxes for the years
1997 and 1998 in the total amount of $6,256.12 for Certificates
numbered 980765 and 991291 (as of 11/17/99).
7. Receipt and review and approval of the abandonment proceedings and
instruments for the abandoned streets (rights of way /roads)
referenced in the legal description.
8. Receipt and review of satisfactory survey /drawings identifying the
property and the individual parts thereof and the relationship of the
individual parts of the property to each other and to existing
streets and rights of way.
9. Satisfactory evidence of legal ingress, egress and access to the
subject property.
10. Payment and /or release of assessments /assessment liens imposed by
the City of Sebastian pursuant to Resolution No. R94 -53 recorded in
OR Book 1043, Page 0887, and Resolution No. R96 -05 recorded in OR
Book 1087, Page 2054, all in the public records of Indian River
County, Florida.
11. Confirmation that the "North County Sewers Release of Special
Assessment Lien" recorded in OR Book 1221, Page 1286, public records
of Indian River County, Florida (copy attached), is effective to
release and terminate (as to the subject property) any lien imposed
by Resolution No. R89 -12 adopted by the City of Sebastian and
recorded in OR Book 835, Page 1208, public records of Indian River
County, Florida (copy of first two pages attached)
ALTA Commitment - 1966
Schedule B - Section I
Fonn 1004119 (09/96 DisplaySoR 27- WIN- I- FL- CSCH13I)
SCHEDULE B - SECTION H
EXCEPTIONS
Commitment No.: 864-775654
File Number: 990816
Schedule B of policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to
the satisfaction of the Company.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this commitment.
2. Rights or claims of parties in possession not shown by the public records.
3. Easements or claims of easements not shown by the public records.
4. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or
inspection of the premises.
5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter fiunished, imposed by law
and not shown by the public records.
6. Any claim that any part of said land is owned by the State of Florida by right of sovereignty, and
riparian rights, if any.
7. Taxes for the year 1999 and taxes or special assessments which are not shown as existing liens by the
public records or which may be levied or assessed subsequent to the date hereof.
8. County and /or municipal improvement liens which are not recorded in
the official record books of Indian River County, Florida.
9. Any lien provided by Chapter 159, Florida Statutes, in favor of any
city, town, village or port authority for unpaid service charges for
service by any water, sewer or gas system supplying the insured land.
10. Easement for utility purposes over the rear 5 feet of Lots 11 -15,
Block 9, and the Westerly 5 feet of Lots 1 -5, Block 11, of the
insured land as reserved on the Plat of Edgewater Park recorded in
Plat Book 1, Page 23, public records of Indian River County, Florida.
11. Easement to Florida Power & Light Company as contained in instrument
recorded in Official Record Book 783, Page 1177, public records of
Indian River County, Florida.
12. The right, title or interest, if any, of the public to use any part
of the land seaward and /or lakeward of the most inland of any of the
following: (a) the natural line of vegetation; (b) the most exteme
highwater line; (c) the bulkhead line; and (d) any other line which
has been legally established as relating to such public use.
13. Title to no portion of the insured land below the mean high water
line (mark) of any navigable waterbody is insured.
ALTA Commitment - 1966
Schedule B - Part II
Form 1004120 (Rev. 7 -93) (09/96 DisplaySoR 27- WN- 1- FL- CSCHB2)
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE
Commonwealth
A LANDAMERiCA COMPANY
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability
for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company
from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby incorporated- by reference and are
made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising
out of the status of the title to the. estate or interest or the status of the mortgage thereon covered by this�Conunitment
must be based on and are subject to the provisions of this Commitment.
American Land Title Association Commitment - 1966
Cover Page
Form 1004 -121
ORIGINAL
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Q a 4 °p 605024
City of Sebastian
POST OFFICE BOX 780127 0 SEBASTIAN. FLORIDA 32978
TELEPHONE ,407) 589 -5330
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBASTIAN
I. KATHRYN M. O'ItALLORAN, City Clerk of the Clty of Sebastian,
F'o�ida, do herchy certify that the attached is a true aad
-rr� rt copy ot:
ZESOLUTION NO. R -89 -12
A RESOLUTION OF ME CITY COUNCIL OF THE CITY OF
S;:BASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROV-
ING AND CONFIRMING THE, SPECIAL ASSESSMENTS IN
LTi•a' OF TMPACT FEES TO PF, ASSESSED IN CONNECTION
.: t !•!1 A SANITARY SEWED PROJECT TO ilE CONST'RUC•I•ED
BY INDIAN RIVER COUNTY, FLORIDA, WITHIN THE 1N-
CORPOIZATED I,IMTTS OF THE CITY; PROVIDING FOR AN
ASSESSMENT LIEN WITH RESPECT THERETO TO LAE MADE
OF RECORD; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
AND F'ROVIDTNC FOR AN EFFECTIVE DATE.
IN WITNP,SS
WHERF'OF, I hereunto set
,_111.1iarid and
affix the Seel of the
C-ity-of Sehastian,
Florida, this `
�9r4 day
of- flinch A. D. 1989. z ;
-
ry
City Cl #k
.n
_ o
ry
0. R. 835 PC 1208
C
• •mot:_ ,
RESOLUTION NO.-R -89 -12
c
A RESOLU'1ION OF THE CITY .COUNCIL OF THE CITY•OP"
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AND
CONFIRMING ^rFE SPECIAL ASSESSMENTS IN LIEU OF IMPACT
FEES TO BE ASSESSED IN CONNECTION WITH A SANIiARl SEWER
PROJECT TO BE CONSTRUCTED BY INDIAN RIVER COUNTY,
FLORIDA, 'WITHIN THE INCORPORATED LIMITS OF THE CITY;
PROVIDING FOR AN ASSESSMENT LIEN WITH RESPECT THERETO
TO BE MADE OF RECORD; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA (the "Council" and "City ",
respectively) that:
SECTION 1. rhis resolution is adopted pursuant to
provisions of Ordinance No. 0 -87 -01 of the City (the
" Ordinance "), an_Intergovernmental Agreement (the "Agreement "),
by and between the City and Indian River County, Florida (the
"County "), Resolution No. R -87 -06 of the Council, applicable
provisions of Chapter 166, Florida Statute; (1978), as amended,
the City Charter, and other applicable provisions of lar•r.
SECTION 2. It is hereby found and determined as follows
that:
A. By Resolution No. 87 -85, the Council., among other
things, approved certain eanitar; sewer i:npro.un:e:rts to ba
constructed by the County, within the incorperatori i.imits of the
City, and subject to the oxclu0iv0 franchise herotoforo granted
to the County (the "Project "), and determined to 0:300ss Special
Assessments in Lieu of Impact `oo, ( "Aosessmr,ntr, ") against
certain proportion situata in the City to be sr3rviced by the
Project.
D. The Council passod Resolution No. R -89 -07 on January 25,
1969 which sot the time and place for tic public hearing at which
the owners of proportion to bo assessed and other interested
parsons will have the chance to be heard as to any and all
complaints as to the Project and thu Assossmerits and for the
Council to act as provided in "action 4.03 of the Ordinarncu.
C. Notice of the time and place of the public hearing was
published in the Press Journal on February 6, 1989 and February
13, 1989 (twice one week apart, the last buing at least one weelc
prior to the hearing) as required by Section 4.02 of the
COUNTY ATTORNEY'S OFFICE 1
G INDIAN RIVER COUNTY
1040 25th Sfreef
Vero Beach, Florida 32960 0. R. 835 PG 1209
PARCEL a 06 31 39 00020 0090 uo011,u
PHONE
OWNER CORTESE,LUCIANO
LANG VALUE
77650
1931 CLUB DR
IMP. VALUE
10o8(j
VERO BEACH FL 3.2963
JUST VALUt
oo>;
�..=
ERA'S
10 ,G0
VALUE PER ERU
1350.Uu
PROPERTY ADDRESS
ASSESSMENT
13500,00
't
COMMENTS: 1)
AMOUNT PAID
;
BAL.DUE
13500.OU
2)
RATIO
15.24%
__
3)
USE CODE
28F
= ±;
EDGEWATER PARK SUB PBI 1 23 LOTS 11 TO
15 INC BLK
9 ACREAGE
304.50
& TRACT OF LAND 40 FT WIDEADJOINING LOT
15 OF RLK 9
CN
S, FORMERLY A PART OF JEFFERSON ST(OR BK 461 PP 836
87 TAX
"
SCHOUL
624,3d
?3sys;
C 0 U N I Y
528,29
CITY
b26,87
%AT MGT
583.19
I 5 DIS
24.88
CE6T
114.46
M
CRAIN
66.86
'TOTAL
2773.93
t
SALES
CATA
I)CR RK PAGE
DATE
00818 2777
19HH 12
PRICE
10U
�Y
2)OR BK PAGE
CAT
00774 0923
1967
PRICE
IOU
P.,RCEL 8 06 31 39 00020 0090 00016.0
PHONE
OWNER PHTLIPSUN —FROMN TNC
LANG VALUE
71060
D"
1781 CORAL WA'i
1"P. VALUE
144650
VERO BEACH FL 32463
JUST VALUE
220710
ERU'S
33,00
VALUE PER ERU
1350,00
ASSESSMENT
44550.00
PROPERTY ADDRESS
AMOUNT PAID
COMMENTS: 1)
BAL,DUE
44550.00
2)
RA'rIU
2U.18"%
3)
USE CODE
10
_
Y
EDGEWATE.R PARK SUF PPI 1 23 LOT 16, LESS
HWY f < /'w & 1,0'PS ACREAGE
38O.J1;
�
17 TO 22 INC LESS N 20 FT OF LGTS 21
r 22 UI,K 9
J
sssss sssss,psassssssssssssrsssssss
87 TAX
57HOUL 1556.62
COUNTY 1317.04
CITY 5U4.U(j
WAT MGT 1466.40
I S DIS 62.02
CEUT 285.35
CRAIN 166.67
TOTAL 5358.10
SALES CAIA
1)OR BK PAGE DATE
00775 2252 1987 OH
PRICE 100
2)0F 9K PAGE DATE;
00749 0321 1986 10
PG 131 1 PRICE L1180U
. '�'•�� ■ tfffffff�fffft�.►..
# e'.
NORTH COUNTY SEWER PROJECT
INCORPORATED AREA
Administrator authorized to sign Parcol 0531 -30 20. 110.1.0
for OCC by Reso. 75 -31 (21211M)
NORTH COUNTY SEWERS
RELEASE OF SPECIAL ASSESSMENT LIEN
FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
INDIAN RIVER COUNTY, FLORIDA, hereby releases GOOD GUYS, INC. and the following
described property from the special assessment lien included in the assessment roll adopted by
a resolution recorded in O.R. Book 835, Pago 1208, of the public records of Indian River
County, Florida. The property is more particularly described as:
Lots 1 to 5 Inc Bik 11 6 Inc that port of abnd Harrison St
abut N side of Lot 1 & abnd Jofferson St abut S side of
Lot 5 of EDGEWATER PARK SUBD.
EXECUTED by the Administrator on behalf of the ECARD OF ;CUI'IT)'
COMMI, SIB ONERS OF INDIAN RIVER COUNTY, FLORIDA, this /.! day of
r.._I. 1998
1.1 Tr+F nECOnDn OF
;CFf iIEY H. !4AIti'iN
C'. F. nK C I i ;U11 COURT
INDIAN RIVEil CO., FLA.
Approved for form and legal
sufficiency
-
Charles P. Vitunac
County Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORID;',
By
James E Chandler, Adminlstr:.ltcr
Approvod for Utility matters
�� Q 9L� L
D R HUbbs. P E., Director
Utility Srrvices Department
SWORN TO AND SUBSCRIBED before rile Ihls _' tray of
by James E. Chandler as Administrator of the INDIAN RIVER COON fY BOARD OF CCUNT'*'
COMMISSIONERS. -r+ho executed the foregoing on behalf of sad Board He is personally
known t0 me
-.Notary Public
printed name
Commission # ,. - VARGARErA GUNIER
A
•• MY C01s►r1StjCN r CC 571m, f
Ikn9r9 rNi, Kart Page Ir.r+.�rr
CD
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N
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N
CID
rn
G. PROPERTY Sebastian, Florida
LOCATION:
ri
1. SE
l OZ.1�Cf_t�lldl_pJ'U }2CI�tY_ -_—
1!K D; - --f—f 13.1.E —P—; —f I *P (1 C * IAiK R ;vnrfr —t Water P— ;—f I *p n r *
120.GROSS AMOUNT DUE FROM BORROWER ' 1 660,010.50 420. GROSS AMOUNT DUE TO SELLER '
200.AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500.REDUCTIONS IN AMOUNT DUE TO SELLER
2_Q Me osit or earnest money S,000S)� 501.)✓xccss dca�osjl.�see instruction____ -_
660,000.00
6
209a- - - - - -- __ __ ___ 509x - - - -- --- - - --
209b 1509b Deposit Directly to Seller S 000.00
Adjustments for items unpaid by seller I Adjustments for items unpaid by seller
220.TOTAL AMOUNTS PAID '
BY OR IN BEI IALF OF BORROWER
5,000.00
520.TOTAL REDUCTIONS IN
AMOUNT DI IE SELLER '
102,868.16
300.CASIi AT SETTLEMENT FROM/TO BORROWER
600.CASH AT SETTLEMENT TO /FROM SELLER
30 ] .Gross amount due from borrower line 120
66U10.50
601.Gross amount due to seller line 420
660 000.00
302.1 ess amount-, imid b /for borrower (line 220
5,000.00
60 .Less reductions in amount due seller line 520
102 868.16
303.CASH IXI From I I To BORROWER '
655,1)111.5()
603.CASH NJ To I_- 1 From SELLER
557,131.84
PAGE 1 HUD -1 (3 -86) RESPA, HB 4305.2
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to
..._._660,Q ) QQ <<r)- - -. - -.
�oupJttc -- - -
-.'Y = _.. 50.QO( 00
- - -- - --
Paid From
Borrower's
Funds At
Settlement
Paid From
Seller's
Ptu,ds At
Settlement _
703.- _Ccmlmission.paid ;at SelthL it
704.
to
800. Items Payable In Connection With Loan
801.. Loan Origination Fee %
to
-
_ -- -
-_ --
--- - -_ - --
802. Loan Discount %
to
U3�i
__5'
8Q4_( rcdtl ReWrt
805_1.,c11c_lel "'s
_8U6. g� cg Insur�nc�Application Fee
807,
to
to
to
to
- -
-- -
--
- -
- -
-
_
808.
to
- - ---
809,
to
_
810.
to
811.
to
812.
to
813.
to
814.
to
815.
to
900. Items Required By Lender To Be Paid In Advance
901. Interest from 11/30/99 to 12/01/99
@
/day_
902. Mortgage Insurance Premium for months to
901Ilazard Insurance Premium for
__-
years
to
-__. --
_904_
905. years
to
1000. Reserves Deposited With Lender
1001. Hazard insurance
months@
per month
1002. Mortgage insurance
months
per month
1003. City propea taxes
1004 CounW 12roperty taxes
_
nhonths(a7
months@
per month
per month
1005. Annual assessments
months
er month
1006
monthsA
per month
1007
monthsna
per month
1008
months( -
per month
_
1009.
1100. Title Charges
1101 Settlement or closing fee
to
1102 Abstract or title search
to
Commonwealth Land Title
76-00-
H 03 Title examination
to
Could. ooksey
100.00
1104. Title insurance binder
to
Could. Cooksey
0 00
1 ]O5. Document re aration
to
_
1_106_NotaU fees
to
_
1107. Atlomey's fees
to
Uould, Cooksey
50000
(includes above items numbers:
1108. Title insurance Commonwealth
to
Gould, Cooksey
3375.00.
(includes above items numbers •
1109 Lender's Risk Premium
INS AMT:
NX
e• Risk Premium 375 00
1110 Owner's coves Rr
T:
1NS AM 660,000.00
1110a
-
]Ill.
to
1112.
to
1113.
to
1200. Government Recording and Transfer Charges
1201. Recording Fees Deed $10.50* Mortgage(s)
• Mortgagee ;Releases
5
1202 City/county tax/stamos: Deed • L- Mortgages)
7S-Mortgage(s) _
1203. Sete tax/stamps: Deed $4-620,00@ L- Mottgage(s)
1204. Rec. QC Deed & Affidavit
S- Moligage(s)
4,620.00
11.20
1205.
1300. Additional Settlement Charges
1301. Survey
to
_1_302 Pest Insnection
1303. Roof Inspection
to
to
___
1304 99 ad valorem taxes $12218 88 x 11/12
to
Indian River County Tax Collector
111 QO 64
1305. edemption of 1997 tax certificate
to
Indian River County Tax C ecWJ_
ld
i3U6,.Rccic,nlztionof19� - taxccr_tihC -atQ. -
1307.
to indmiLRiv_cr_Comtyla-vQcllcctot .
to -- - --
L .667.36_
--
1308.
to
1309.
to
1400. Total Settlement Charges (enter on lines 103, Section J and 502, SectionK)
10.50
97,868.16
I have ca filly reviewed the
dish sc nts made ;nt a
c:ny}rn acs as _ `
(.
1225 Main Street
The HUD- 1 ement State
ance with thi statement.
CE11TI 1CATION DATE: 11 /30/99
Statement and to the best of my knowledge and belief, it is a true and accurate Statement of all reccip s and
is transaction. I further certify that t have received a copy of the HUD - 1 Settlement Statement.
GOOD Gl fYS, INC.
Borrower By: _ _ Seller
Borrower
Seller
I have pre td is a true and accurate account of this transaction. I have caused the funds to be disbursed in accord -
i1,- QOULD, COOKSEY, FENNELL, O NEILL & MARINE, P.A.
e!l: � Settlement Agent - 11L30./92 Date
WARNING: It is a crime to knowingly make false statements (o the United States on this orally other similar form. Penalties upon conviction can include a
line and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. 990816