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HomeMy WebLinkAboutFire Station Closing Documents 10/20130. , t Prepared by and return to: Anthony A. Garganese, Esq. Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802 -2873 Parcel ID: 24-37-23-CG-00025.0-0007.00 24-37-23-CG-00025.0-0015.00 CFN 2013231512.. OR BK 6993 PAGE 2470, Recorded 10/21/2013 at 02:18 PM. Scott Ellis. Clerk of Courts, Brevard County Doc D: $0.70 # Pgs:2 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of the � day of AMC ep,- , 2013, by and between CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida non - profit corporation, ( "Grantor ") whose mailing address is 190 Jackson Avenue, Cape Canaveral, FL 32920, and, the CITY OF CAPE CANAVERAL, a Florida municipal corporation, ( "Grantee ") whose address is 105 Polk Avenue, Cape Canaveral, FL 32920. (Wherever used herein the term "Grantor" and "Grantee" include all the parties to this instrument and the successors and assigns of corporations.) WITNESSETH: That Grantor, for and consideration of the sum of Ten and No /100 Dollars ($10.00), to it in hand paid by Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, and Grantee's heirs, successors and assigns forever, the parcel of land situate, lying and being in the County of Brevard, State of Florida, and more particularly described as follows (the "Property"): Lots 7, 8, 15 and 16, Block 25 AVON BY THE SEA, a subdivision according to the plat thereof recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida. COVENANT: The Grantee shall construct a new fire station on the property in accordance with the Plans and Specifications approved by the City, and prepared by Baskerville- Donovan, Inc., dated July 8, 2013, as may be subsequently amended by the Grantee ( "New Fire Station "). Should the Grantee fail to construct a New Fire Station on the property within three (3) years of the recording date of this Deed or forms its own fire department or contracts with or utilizes another source for fire protection other than Grantor within twenty (20) years from the date that a certificate of occupancy has been issued by the City of Cape Canaveral's Building Official for the New Fire Station, then the Grantee shall pay the Grantor, or its successor or assigns, the appraised value of the Property (excluding any improvements constructed by the Grantee thereon, including, but not limited to, the New Fire Station) within six (6) months of the date of the event that gives rise to the Grantee's obligation hereunder. The appraised value shall be determined by the average of two (2) appraisals performed by two (2) Florida certified appraisers, one selected by Grantor and one selected by Grantee. The Grantee shall pay the costs of both appraisals. After twenty (20) years from the date that the certificate of occupancy is issued for the New Fire Station, this covenant shall automatically expire and the Grantee shall own the Property free and clear. TOGETHER with all the tenements, hereditairients, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. SUBJECT TO reservations, covenants, restrictions, easements of record, which reference hereto shall not operate to reimpose same, and taxes for the current year; and AND Grantor, for itself and its successors, hereby covenants with Grantee and Grantee's heirs, successors and assigns that it is lawfully seized of the Property in fee simple; that it has good right and lawful authority to sell and convey the Property; that it hereby specially warrants, the title to the Property and will defend the same against the lawful claims of all persons claiming, by through or under Grantor only. IN WITNESS WHEREOF, GRANTOR has hereunder set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence ol- (signature) 2. ............ . (pr nt name) I 'si�gature) (print name) STATE OF FLORIDA COUNTY OF BREVARD CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, M., a Florida 11011- "I'll corporation By: David Saraeani-. Chief ExecAive Officer Address: 19 Jackson Avenue Cape Canaveral, FL, 32920 M BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. 111 N. Orange Ave., Suite 2000 Orlando, FL 32801 CLOSING STATEMENT AND DISBURSEMENT SHEET SELLER CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. BUYER CITY OF CAPE CANAVERAL, FLORIDA PROPERTY DESCRIPTION Lots 7, 8, 15 and 16, Block 25, AVON BY THE SEA, a subdivision according to the plat thereof recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida. CLOSING DATE October 15, 2013 CONTRACT AGREEMENT FOR DEED DATED JANUARY 17, 2012 PURCHASE PRICE: CREDIT SELLER CREDIT BUYER Purchase Price - DONATION $0.00 Deposit Cash at Closing Adjusted Total $0.00 $0.00 EXPENSES: CHARGE SELLER CHARGE BUYER Recording Deed $18.50 Documentary Stamps on Deed $0.70 Recording Corporate Resolution $18.50 Title Search POC Owner's Title Insurance Premium (value $1,295.50 based on $244,030) TOTAL Seller Cash at Closing Plus: Deposit Less: Expenses TOTAL CASH DUE TO SELLER: RECAPITULATION $0.00 $1,333.20 Buyer $0.00 Cash at Closing $0.00 $0.00 Plus: Expenses $1,333.20 $0.00 TOTAL CASH DUE $0.00 FROM BUYER: $1,333.20 CASH DUE FROM BUYER WILL BE PAID TO THE CLOSING AGENT, BROWN, GARGANESE, WEISS & D'AGRESTA, P.A., WHO WILL HANDLE THE CLOSING AND RELATED DISBURSEMENTS. Page 2 of 4 APPROVAL OF CLOSINS, STATEMENT AND DISBURSEMENT SHEET; INSTRUC'VIONS TO CLOSING AGEW Seller and Buyer hereby acknowledge that they have read and approved tile foregoing Closing Statement and Disbursement Shect, agree that said documents accurately reflect the substance of the �financial aspects of the transaction contemplated by the Contract, and each hereby approve and direct Closing Agent's disbursement of the proceeds and expenses of the subject transaction in the manner, amounts and to the persons hereinabove set forth. In the case of estimated closing costs and expenses directed to be paid by the Closing Agent, as aforesaid, the parties understand and agree that in the event that the actual expense is less than the estimate, the party which paid the same will be refunded the difference between the estimate and the actual expense and agree that ifthe actual expense is more than the estimate, the party which paid the same shall be required to pay the actual expense over and above the estimate. 04wata CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida non-profit fan corpor r By: David Sargeai Chief ExecutR O fticer Date: C7 C 2013 Page 3 of 4 APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SH�EET• INSTRUCTIONS,ro CLOSING AGENT Seller and Buyer hereby acknowledge that they have read and approved the foregoing Closing Statement and Disbursement Sheet, agree that said documents accurately reflect the substance of the financial aspects of the transaction conte in plated by the Contract, and each hereby approve and direct Closing Agent's disbursement of the proceeds and expenses of the subject transaction in the manner, amounts and to the persons hereinabove set forth. In the case of estimated closing costs and expenses directed to be paid by the Closing Agent, as aforesaid, the parties understand and agree that in the event that the actual expense is less than the estimate, the party which paid the same will be reffinded the difference between the estimate and the actual expense and agree that if the actual expense is more than the estimate, the party which paid the same shall be required to pay the actual expense over and above the estimate. BUYER- CITY OF CAPE CANAVERAL, FLORIDA By: Oa.-LI I t:1AA4-o-L, — David L Greene, City Manager Date: October 9 2013 Page 4 of 4 BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. 111 N. Orange Ave., Suite 2000 Orlando, FL 32801 CLOSING STATEMENT AND DISBURSEMENT SHEET SELLER BUYER PROPERTY DESCRIPTION CLOSING DATE CONTRACT CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. CITY OF CAPE CANAVERAL, FLORIDA Lots 7, 8, 15 and 16, Block 25, AVON BY THE SEA, a subdivision according to the plat thereof recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida. October 15, 2013 AGREEMENT FOR DEED DATED JANUARY 17, 2012 PURCHASE PRICE: Purchase Price - DONATION Deposit Cash at Closing Adjusted Total EXPENSES: Recording Deed Documentary Stamps on Deed Recording Corporate Resolution Title Search Owner's Title Insurance Premium (value based on $244,030) CREDIT SELLER CREDIT BUYER $0.00 $0.00 $0.00 CHARGE SELLER CHARGE BUYER $18.50 $0.70 $18.50 POC $1,295.50 TOTAL Seller Cash at Closing Plus: Deposit Less: Expenses TOTAL CASH DUE TO SELLER: RECAPITULATION $0.00 $1,333.20 Buyer $0.00 Cash at Closing $0.00 $0.00 Plus: Expenses $1,333.20 $0.00 TOTAL CASH DUE $0.00 FROM BUYER: $1,333.20 CASH DUE FROM BUYER WILL BE PAID TO THE CLOSING AGENT, BROWN, GARGANESE, WEISS & D'AGRESTA, P.A., WHO WILL HANDLE THE CLOSING AND RELATED DISBURSEMENTS. Page 2 of 4 APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET, • INs,rRUCTIONS,ro CLOSING AGENT Seller and Buyer hereby acknowledge that they have read and approved the foregoing Closing Statement and Disbursement Sheet, agree that said documents accurately reflect the substance of the financial aspects of the transaction contemplated by the Contract, and each hereby approve and direct Closing Agent's disbursement of the proceeds and expenses of the subject transaction in the manner, amounts and to the persons hereinabove set rorth. In the case of estimated closing costs and expenses directed to be paid by the Closing Agent, as aforesaid, the pat-ties understand and agree that in the event that the actual expense is less than the estimate, the party which paid the same will be refunded the difference between the estimate and the actual expense and agree that if the actual expense is more than the estimate, the party which paid the sarne shall be required to pay the actual expense over and above the estimate. 091111M CAPE CANAVE,'IZAL VOLUNTEER FIRE DEPAR,rmENT, INC., a Florida tion-profit By: David Samye nt, Chief EAcutive Officer 2i Date: / 0 2013 Page 3 of 4 APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET; INSTRUcriONS TO CLOSING AGENT Seller and Buyer hereby acknowledge that they have read and approved the foregoing Closing Statement and Disbursement Sheet, agree that said documents accurately reflect the substance of the financial aspects of the transaction contemplated by the Contract, and each hereby approve and direct Closing Agent's disbursement of the proceeds and expenses of the subject transaction in the manner, amounts and to the persons hereinabove set forth. In the case of estimated closing costs and expenses directed to be paid by the Closing Agent, as aforesaid, the parties understand and agree that in the event that the actual expense is less than the estimate, the party which paid the same will be refunded the difference between the estimate and the actual expense and agree that if the actual expense is more than the estimate, the party which paid the same shall be required to pay the actual expense over and above the estimate. I 11SW SM CITY OF CAPE CANAVERAL, FLORIDA By: L9 David L. Greene, City Manager Date. October 9 2 0 1 Page 4 of 4 BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. 111 N. Orange Ave., Suite 2000 Orlando, FL 32801 CLOSING STATEMENT AND DISBURSEMENT SHEET SELLER BUYER PROPERTY DESCRIPTION CLOSING DATE CONTRACT CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. CITY OF CAPE CANAVERAL, FLORIDA Lots 7, 8, 15 and 16, Block 25, AVON BY THE SEA, a subdivision according to the plat thereof recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida. October 15, 2013 AGREEMENT FOR DEED DATED JANUARY 17, 2012 PURCHASE PRICE: Purchase Price - DONATION Deposit Cash at Closing Adjusted Total EXPENSES: Recording Deed Documentary Stamps on Deed Recording Corporate Resolution Title Search Owner's Title Insurance Premium (value based on $244,030) CREDIT SELLER CREDIT BUYER $0.00 $0.00 $0.00 CHARGE SELLER CHARGE BUYER $18.50 $0.70 $18.50 POC $1,295.50 TOTAL Seller Cash at Closing Plus: Deposit Less: Expenses TOTAL CASH DUE TO SELLER: RECAPITULATION $0.00 $1,333.20 Buyer $0.00 Cash at Closing $0.00 $0.00 Plus: Expenses $1,333.20 $0.00 TOTAL CASH DUE $0.00 FROM BUYER: $1,333.20 CASH DUE FROM BUYER WILL BE PAID TO THE CLOSING AGENT, BROWN, GARGANESE, WEISS & D'AGRESTA, P.A., WHO WILL HANDLE THE CLOSING AND RELATED DISBURSEMENTS. Page 2 of 4 APPROVAL OF CLOSING STA,rEMENT AND DISBURSEMENT SHEET; INSTRU.CTIONS TO CLOSING AGENT Seller and Buyer hereby acknowledge that they have read and approved the foregoing Closing Statement and Disbursement Sheet, agree that said documents accurately reflect the sub,stanceofthe financial aspects ofthe transaction contemplated by the Contract, and each hereby approve and direct Closing Agent's disbursement of the proceeds and expenses of the subJect transaction in the manner, amounts and to the persons hereinabove set forth. In the case of estimated closing costs and expenses directed to be paid by the Closing Agent, as aforesaid, the parties understand and agree that in the event that the actual expense is less than the estimate, the party which paid the same will be refunded the difference between the estimate and the actual expense and agree that if the actual expense is more than the estimate, the party which paid the same shall be required to pay the actual expense over and above the estimate. SELLER: CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida non-profit corporation 61/ rr By: _e O f David Sarg i V It, Chief fficer 1� Date: 67) 20�13 Page') of 4 APPROVAL OF Cl.aQSING STATEMENT AND DISBURSEMENT SHEET; INSTRUCTIONS TO CLOSING AGENT Seller and Buyer hereby acknowledge that they have read and approved the foregoing Closing Statement and Disbursement Sheet, agree that said documents accurately reflect the substance of the financial aspects of the transaction contemplated by the Contract, and each hereby approve and direct Closing Agent's disbursement of the proceeds and expenses of the subject transaction in the manner, amounts and to the persons hereinabove set forth. In the case of estimated closing costs and expenses directed to be paid by the Closing Agent, as aforesaid, the parties Understand and agree that in the event that the actual expense is less than the estimate, the party which paid the same will be refunded the difference between the estimate and the actual expense and agree that if the actual expense is more than the estimate, the party which paid the same shall be required to pay the actual expense over and above the estimate, BUYER: CITY OF CAPE CANAVERAL, FLORIDA By: t9 "- David L. Greene, City Manager Date: October 9 , 201 Page 4 of 4 Know All Men by These Presents, that CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida non-profit corporation (the "Seller"), for and in consideration of the AND of Fen and 00/100 ($10.00) Dollars lawful money of the United States and other valuable consideration, to it paid by the CITY OF CAPE CANAVERAL, FLORIDA (the "Buyer"), the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the Buyer, their successors, and assigns, the following goods and chattels: ALL EQUIPMENT AND FIXTURE S AFFIXED TO THE REAL PROPERTY AND BUILDINGS LOCATED AT 190 JACKSON AVENUE, CAPE CANAVERAL, FLORIDA INCLUDING, BUT NOT LIMITED TO, ALL AIR CONDITIONING AND HEATING EQUIPMENT, PLUMBING F xTURES, AND SHED. The property is being sold and purchased "AS IS" WITH NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller makes no representation of any type, either express or implied, as to the physical condition or history of the Property. Tol-lave and to Hold the same unto the Buyer, and its successors and assigns forever, AND Seller does covenant to and with the Buyer, and its successors, and assigns, that it is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto the Buyer, and its successors, and assigns against the lawful claims and demands of all persons whomsoever. In Witness Wh eof, Seller has executed this Bill of Sale, with all required authority, this day of C 7 -- , 2013, Signed, Scaled and Delivered in the Presence of Witnesses: S� nature Printed Signature Si hature �g` Printed Signature 14 • MINWIM11M o L 4) 0 • CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida non-profit cor or By: David Sargean�,'Chief ETFec uwvle/ Officer 2 AFFIDAVIT OF NO LIENS (Seller) STATE OF FLORIDA COUNTY OF BREVARD BEFORE ME, the undersigned authority authorized to take oaths and administer acknowledgments, personally appeared DAVID SARGEANT, the Chief Executive Officer of CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida non -profit corporation, ( "Affiant "), who was duly sworn under penalties of perjury, states as follows: Affiant represents that the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., ( "Owner") is currently the fee simple owner of the property described in the Commitment for Title Insurance attached hereto as Exhibit "A" and incorporated by reference, and he has personal knowledge of the matters noted herein. 2. Affiant is not aware of any defects, liens, encumbrances, or other adverse matters affecting title, other than those disclosed in the attached Commitment. 3. That no persons or entities other than Owner is entitled to the right of possession or are in possession of the land, and that Owner's right to title and possession of the land is not in dispute or question, and there are no tenancies, leases, or other occupancies that affect the property. 4. There are no disputes concerning the location of the boundary lines of the property and there are no easements or claims of easements not shown by the public records. 5. There are no outstanding or unpaid taxes, assessments, fees, or obligations of any nature owed to any governmental authority at this time (pending or certified) or any unpaid or unsatisfied mortgages, claims of lien or other matters that constitute or could constitute a lien or encumbrance against the property or any improvements on it or any part of it or against any personal property located on it, other than real property ad valorem taxes for the current year, if applicable. 6. That there are no actions, proceedings, judgments, liens or executions against said Owner in any court remaining unpaid which affect the property; that there are no suits pending against said Owner in any court. 7. Owner is not part of any bankruptcy proceeding under the U.S. Code, or insolvency under any state statutes, and is not currently in bankruptcy or the subject of a state insolvency statute. 8. That no work has been done or materials furnished to the land for the past ninety (90) days which could give rise to construction liens being imposed under the provisions of Florida Statutes Chapter 713, Part I. 9, Owner has not and will not execute any instrument or do any act whatsoever which could or might in any way affect the title to the I-bregoing property to the detriment of the CITY OF CAPE CANAVERAL, FLORIDA, who is purchasing the property from Owner. 10, That said Affiant recognizes that some of the purposes of this affidavit are to indLICC the CITY OF CAPE CANAVERAL, FLORIDA, to purchase said property. 11. Afflant is aware that OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY and BROWN, GARGANESE, WEISS & D'AGRESTA, P.A., are relying upon this Affidavit to issue a title insurance policy in accordance with the aforesaid Commitment. Affiant does hereby indemnify and hold harnaless, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY and BROWN, GARGANESI E, WEISS & D'AGRESTA, P.A., against any loss or damage, including reasonable attorneys' fees and costs, through all appellate proceedings, caused as a result of any material false statements contained in this Affidavit. 12. This Affidavit is given for the purpose of clearing any possible questions or objections to the title to the above referenced property, and for the purpose of inducing OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY and BROWN, GARGANESE, WEISS & D'AGRESTA, P.A., to issue title insurance on the subject property, with the knowledge that said title company is relying upon the statements set forth herein, 11 Affiant is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida fior falsely swearing to statements made in an instrument of this nature. Affiant has read, or heard read, the full facts of this Affidavit and understands its context. Afflant has caused this Affidavit to be executed this '61' day of y.0 , 2013, CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida non-profit corporation By: David Sargeant, Chief Executive SWORN TO and subscribed before me this 7 -- day of e Ze'.-` , 2013, by David Sargeant, Chief Executive Officer of CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., (check / one) ff'"" who is personally known to me or 01 who produced as identification. .... . .. . ..... . . . . . . . . . . Notary Public - State of Florida Print Name. Old Republic National Title Insurance Company 2300 Maitland Center Parkway #140 Maitland, Florida 32751 SCHEDULE A FILE NO.: 11023007 ABE Agent File # (513 -001) 2011 Revised: October 7, 2013 County: Brevard 1. Effective Date: July 18, 2013 at 8:00 A.M. 2. Policies to be Issued: Proposed Amount of Insurance: (a) ALTA 2006 OWNER'S POLICY Amount: $244,030.00 (with Florida Modifications) Proposed Insured: City of Cape Canaveral, Florida, a Florida municipal corporation (b) ALTA 2006 LOAN POLICY Amount: (with Florida Modifications) Proposed Insured: Premium: $ N/A 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: Cape Canaveral Volunteer Fire Department, Inc., a non profit corporation 5. The land referred to in this Commitment is described as follows: Lots 7, 8, 15 and 16, Block 25, Avon By The Sea, a subdivision according to the plat thereof recorded at Plat Book 3, Page 7, in the Public Records of Brevard County, Florida. EXHIBIT ALTA COMMITMENT Page I FILE NO.: 11023007 SCHEDULE B - SECTION I REQUIREMENTS Requirements: Payment of the full consideration to, or for the account, of, the grantors or mortgagors. Instrument(s) necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record: a) Special Warranty Deed from Cape Canaveral Volunteer Fire Department, Inc., a non profit corporation to the proposed insured. 3. Other instruments which must be properly executed, delivered and duly filed for record, and/or other matters which must be furnished to the company: a) The agent must: (1) Determine that Cape Canaveral Volunteer Fire Department, Inc., is in good standing in the state of its formation. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Brevard County, unless otherwise noted. SCHEDULE B SECTION D IS CONTINUED ON AN ADDED PAGE ALTA COMMITMENT Page 2 FILE NO.: 11023007 SCHEDULE B - SECTION II Schedule B of the 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 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment: includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments on the Land of existing improvements located on adjoining land. 3. Rights or claims of parties in possession. 4. Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof appears of record. 5. Easements or claims of easements not shown by the public records. 6. General or special taxes and assessments required to be paid in the year 2011 and subsequent years. 7. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled or artificially exposed lands and lands accreted to such lands. 8. State road right reservations(s), if any. 9. Oil, gas and mineral right reservations, if any. 10. Any lien provided by County Ordinance or by Ch. 159, F.S., in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. 11. All matters contained on the Plat of Avon By The Sea, as recorded in Plat Book 3, Page 7. 12. Reservations and conditions as set forth in Special Wananty Deed recorded in O.R. Book 489, Page 143, together with Release of Reverter recorded in O.R. Book 5568, Page 8207. Note: Taxes for the year 2013 became a lien on the land January I st although not due or payable until November 1 st of said year. Taxes for the year 2012 are Paid. Tax ID Number 24- 37- 23- CG- 00025.0- 0007.00 and 24- 37- 23- CG- 00025.0- 0015.00. Note: The following is for informational purposes only and will not appear in the policy to be issued: The following deed(s) affecting the land described in Schedule A hereof cover a minimum twenty-four month period prior to the effective date of this commitment: O.R. Book 489, Page 143; O.R. Book 1232, Page 918; O.R. Book 1696, Pages 425,426 and 428. ALTA COMMITMENT Page 3 HAZARDOUS SUBSTANCE AFFIDAVIT STATE OF FLORIDA COUNTY OFBREVARD 131-EFORE ME, the undersigned authority, personally appeared David Sargeant, Chief Executive Officer of CAPE CANAVERAL VOLUNTEER MIZE DEPARTMENT', INC., a Florida non-profit corporation, ("Seller"), and who, in order to induce the CITY OF CAPE CANAVERAL, FLORIDA, ("Buyer"), to close the purchase of the real property more particularly described as f'ollows: Lots 7, 8,15 and 16, Block 25, AVON BYTHE SEA, a subdivision according to the plat thereof recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida, (the "Real Property"), being duly sworn, deposes and states as follows: A. Hazardous Substances. Seller hereby represents to Buyer that to the best of its I Y -k knowledge there has not been and there is not: (i) any presence of N 1$ hazardous substance (as hereinafter defined) on the Real Property, (ii) any generation, =ra use, reuse, sale, storage, handling, transport and/or disposal of anylye�rmprodl I ]i hazardous substance on the Real Property, or (Iii) an), failure to comply with any applicable local, state or federal laws, regulations, ordinances or administrative or judicial orders relating to the ae ration, aecycliaag, use, reuse, sale, storage, handling, transport and/or disposal of ai4y­. hazardous substances on the Real Property. As used herein, the term means any Substance or material defined or designated as hazardous or toxic waste material or substance or petroleum product or asbestos or PCBs or other similar terni(s) by any federal, state or local law, statute, regulation, rule or ordinance. FURTHER AFI"IANTSAYETH NOT. CAPE CANAVERAL VOLUNTEER FIRE DEPARTMEW, INC., aFlorida non_pY,of1t*0rpora0,6i B David Sargea4 , t, Chief E �,Otive Officer SWORN TO AND SUBSCRIBED before me this day of 2013, by David Sargeant, Chief Executive Officer of CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida non-proylt-'t corporation, (check one) 17-l"who is personally known '�j to me or 0 who produced / ell— as identification. . . . . . . . . . . . . . . . . . . . . . . . . . iq 62- tary 1"Liblic Print Name: ILI" My Commission Expires; , �2,y /4 ,, 2el 17 uwr][FICATE OF NON-FOREIGN STATUS STATE OF FLORIDA COUNTY OF BREVARD ,5ection 1445 of the Internal Revenue Code provides that a TRANSFEREE (City of Cape Canaveral, Florida) of a U.S. real property interest must withhold tax if the TRANSFEROR is a foreign person. To inform the TRANSFEREE that withholding of tax is not required upon the disposition of a U.S. real property interest by CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Ilorida non-profit corporation (hereinafter referred to as "TRANSFEROR"), the undersigned hereby certifies the following as TRANSFEROR: I. TRANSFEROR is not a foreign person, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Inlerneil Revenue Cocle and Incoine Tax Regulations); and 2. TRANSFEROR'S Federal Tax Identification number is: 59-6151067 3. TRANSFEROR'S address is: 190 Jackson Avenue, Cape Canaveral, Florida 32920. TRANSFEROR understands that this certification may be disclosed to the Internal Revenue Service by TRANSFEREE, 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 TRANSFEROR. DATED this i day of e 2013, CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida non - profit corporation By David Sargeant, Ciief Exec ive fficer /e"f I ffic, SWORN TO and subscribed before me this day of 6111e'_Ie,� 2013,byDavid. Sargeant, Chief Executive Officer of CAPE CANAVERA ' L VOLUNTEER FIRE DEPARTMEN T, INC., a Florida non-profit corporation (check one) W"w'ho is personally known to me or 0 who produced _ I A-1 as identification. IN Notary Public - $�ate of Florida . . . . MiA GO7FORTH Print Name L. a St 0 Florida Nia;tary Public - S,tate ol Flonfida o C as ay 1 2017 mm. May 16� 2017 My Comm. ExpW My Cu _114 commission 0 EE 866939 ion,ma kmwv Assn. 0 Through "In Borrded Through Nationg Wwv Jusn. W W W IN SELLER CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida non-profit corporation BUYER CITY OF CAPE CANAVERAL, FLORIDA PROPERTY DESCRIPTION Lots 7, 8,15 and 16, Block 25, AVON BY THE SEA, a subdivision according to the plat thereof recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida. CLOSING DATE October 15, 2013 FURTHER ASSURANCES AGREEMENT For and in consideration ofthe Closing Agent disbursing proceeds of Sale, and in order tee insure the accuracy of settlement statements, deeds, mortgages and other documents Of Closing in this transaction, the undersigned do mutually agree to cooperate, adJUSt, initial, re-execute and re-deliver any and all closing documents if deemed necessary or desirable in the reasonable discretion of Closing Agent. It is the intention of the undersigned that all documentation for this transaction and a] I payments or disbursements made shall be an accurate reflection of the parties' agreement; that each party should pay all costs and expenses contemplated by their agreement and/or dictated by Custom and usage in this at-ea. The undersigned do hereby agree and covenant to assure that this transaction and its documentation will conform to the parties' agreement and it is understood that Closing Agent will rely upon this agreement and the covenants herein in closing this transaction. Further, for services performed pursuant to this Agreement, SELLER and BUYER. each agree to the fullest extent permitted by law, to indemnify and hold harmless the Closing Agent and its employees, officers, and attorneys from and against all claims, losses, damages, or liability (including reasonable attorneys' fees through any and all administrative, trial, post judgment and appellate proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from the failure of either party to meet its obligation under this agreement. In the event additional documents are required to be executed or revised to complete the terms and conditions of the closing, Buyer and Seller agree to cooperate with each other and Brown, Garganese, Weiss & D'Agresta, P.A. WITNESSES: SELLER: (print) CAPE CANAVERAL, VOLUNTEER FIRE DEPARTMENT, INC , Fl ida non-profit eorpo�rioq By, David Saracani , /Chief Exe,6(uttve Officer STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before rue this day of Z;z(1 11, , 2013, by David Sargeant, Chief Executive 0 rficer of CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida uon-profit corporation (check one) B-Mio is personally known to me or El who produced as identification. MIA GOFORTH NOTARY PUIT3. C� ,I Notary Puibliic - State of Flecids I Print ni, lilt-, My Comm. Expires May 16, 20117 My Conimission Commission # EE 066939 G P Thfough Ujonal Netary kW. SELLER CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida non-profit corporation BUYER CITY 017 CAPE CANAVERAL, FLORIDA PROPERTY DESCRIPTION Lots 7, 8, 15 and 16, Block 25, AVON BY "I'H SEA, a subdivision according to the plat thereof recorded in Plat Book 3, page 7, Public Records ofBrevard County, Florida. CLOSING DATE October 15, 2013 FURTHER ASSURANCES AGREEMENT Forand in consideration orthe Closing Agent disbursing proceeds of this Sale, and in orderto insure the accuracy of settlement statements, deeds, mortgages and other d0CLHl1e]ltS ofc1osing in this transaction, the Undersigned do manually agree to cooperate, adjust, initial, re-execute and re-deliver any and all closing documents if deemed necessary or desirable in the reasonable discretion ot"Closing Agent. It is the intention of the undersigned that all documentation for this transaction and all payments or disbursements made shall be ,in accurate reflection of tile parties' agreement; that each party should pay all costs and expenses contemplated by their agreernentand/or dictated by custom and usage in this area. The undersigned do hereby agree and covenant to assure that this transaction and its documentation will conform to the parties' agreement and it is Understood that Closing Agent will rely Upon this agreement and the covenants herein in closing this transaction. Further, for services perfornled INUSLIallt to this Agreement, S ELLEI� and BUYER each agree to the fullest extent permitted by law, to indemnify and hold harmless the Closing Agent and its employees, officers, and attorneys from and against all claims, losses, damages, or liability (including reasonable attorneys' fees through any and all administrative, trial, post judgment and appellate proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from the failure of either party to meet its obligation under this agreement. In the event additional documents are required to be executed or revised to complete the terms and conditions of the closing, Buyer and Seller agree to cooperate with each other and Brown, Garganese, Weiss & D'Agresta, P.A. WITNESSES: A4M, (print) (print, BUYER: CITY OF CAPE CANAVERAL, FLORIDA By: David L. Greene, City Manager STATE OF FLORIDA COUNTY OF BREVARD 6(" l The foregoing instrument was acknowledged before me this day of e,,,, 2013, by David L, Greene, City Manager of the CITY OF CAPE CANAVERAL, FLOIUDA, (check one) E''wvho is personally known to nic or ❑ who produced as identification. e� WMQNOTARY 1?1. BLI WA G Of ORTH Kojafy Pubfic . Stgje of Florida My Commission Expires.."'.�"W'�/�/zn// M.1�11 I's my comm, Expires May 16, 2011 commission # EE 366939 5 Unde,d Through National Notuy Amn. N / ,fft. Prepared by: Brian M. Teek 190 Jackson Ave. Cape Canaveral, FL 32920 Return to: Anthony A. Garganese, Esq. P.O. Box 2873 Orlando, FL 32802 -2873 CFN 2013231513, OR B K 6993 PAGE 2472, Recorded 10/21/2013 at 02:18 PM, Scott Ellis, Clerk of Courts. Brevard County # Pgs:2 CORPORATE RESOLUTION CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. I HEREBY CERTIFY that I, BRIAN M. TEEK, am the duly elected and qualified Secretary of the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida non -profit corporation (the "Seller "), and the keeper of the records and corporate seal of the Seller, and that the following is a true and correct copy of preambles and resolutions duly adopted by written consent in lieu of a meeting by the Board of Directors of the Seller held in accordance with the Articles of Incorporation, and Bylaws of the Seller and Florida Statutes. WHEREAS, the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., is the seller under that certain Agreement for Deed (the "Contract "), by and between the Seller and the CITY OF CAPE CANAVERAL, FLORIDA, (the "Buyer ") dated January 17, 2012, for the sale of certain real property in Brevard County, Florida and more particularly described as follows: Lots 7, 8, 15 and 16, Block 25, AVON BY THE SEA, a subdivision according to the plat thereof recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida. I FURTHER CERTIFY that the resolutions set forth below are in full force and effect and have not been altered, modified or rescinded. RESOLVED that the terms of the Contract are hereby ratified and approved by the Seller; and BE IT FURTHER RESOLVED that David Sargeant, the Chief Executive Officer of the Seller, is hereby authorized, directed, and empowered, on behalf of the Seller to execute the Special Warranty Deed, Closing Statement and any and all other documents necessary to the proper closing of the transaction. BE IT FURTHER RESOLVED that the aforesaid officer of the Seller is hereby authorized, empowered and directed to execute any and all other documents and to take whatever other action he deems necessary or desirable to carry out the intent of the foregoing. ka BE IT FURTHER RESOLVED that neither the Articles of.' Incorporation nor Bylaws of the Seller prohibit the proposed execution ofall doCUMCMS Of'SeC111-ity in connection therewith. IN N ESS W FIERF'017, I have hereUll�/, ) at"fixed m ,narne as Secretary, and have caused tile corporate self eal to be hereunto affixed, th is �--" day of' ,)c 2013. N)cn' WITNF-'SSI-1S: CAPF , ANAVFRAL VOLUNTEER F'IRE 1) 1 „,' PA RTM E` N] INC., a Florida non-profil Corporation (signature) '(p r"fi ,qj am) Bri"ai'M.Tcck,xecretary 2