SEBASTIAN RIVER IMPROVEMENT DISTRICT

INDIAN RIVER COUNTY

Regular Board Meeting February 18, 2026
10:00 A.M.

Special District Services, Inc.
The Oaks Center 2501A Burns Road
Palm Beach Gardens, FL 33410

www.sridfl.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA
SEBASTIAN RIVER IMPROVEMENT DISTRICT BOARD OF SUPERVISORS
Indian River County Administration Complex Bldg. A, Room A1-102
1801 27th Street
Vero Beach, Florida 32960
REGULAR BOARD MEETING
February 18, 2026
10:00 a.m.

Call to Order
Proof of Publication…	Page 1
Establish Quorum
Additions or Deletions to Agenda
Approval of Minutes
August 20, 2025 Regular Board Meeting…	Page 2
Old Business
New Business
Update on Open Projects
Discussion Regarding South Prong – Overgrowth
Consider Resolution No. 2026-01 – Adopting a Fiscal Year 2024/2025 Amended Budget…	Page 5
Consider Resolution No. 2026-02 – Adopting Goals and Objectives Annual Report…	Page 8
Consider Approval of Liberty Park Phase 2A & 2B Permit Approval…	Page 11
Discussion Regarding Laurel Cove Drainage
Consider Acquisition Purchase Offer Package…	Page 16
Consider Approval of SRID Surplus Lands Application…	Page 97
Auditor Selection Committee
Ranking of Proposals/Consider Selection of an Auditor…	Page 150
Administrative Matters
Sand Mine Update
Water Quality Report…	Page 188
Financial Update…	Page 208
Engineer Update
Manager Update
Board Member Comments
Comments from the Public for Items Not on the Agenda
Adjourn

LocaliQ
Florida
GANNETT

PO Box 631244 Cincinnati, OH 45263-1244

AFFIDAVIT OF PUBLICATION
Special District Services Inc Sebast R Laura Archer
Sebastian River Improvement District 2501 Bums RD# A
Palm Beach Gardens FL 33410-5207

STATE OF WISCONSIN, COUNTY OF BROWN

Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Indian River Press Journal/St Lucie News Tribune/Stuart News, newspapers published in Indian River/St Lucie/Martin Counties, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Public Notices, was published on the publicly accessible websites of Indian River/St Lucie/Martin Counties, Florida, or in a newspaper by print in the issues of, on:

SCN StLucie-lndianRv-Stuart 10/03/2025 SCN tcpalm.com	10/03/2025

Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes.
Subscribed and sworn to before me, by the legal clerk, who
is personally known to me, on 10/03/2025
,_,.	

Legal Clerk

Notary, State of WI, County of Brown
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SEBASTIAN RIVER IMPROVEMENT
DISTRICT
FISCAL YEAR 2025/2026 REGULAR BOARD MEETING SCHEDULE NOTICE IS HEREBY GIVEN that the
Sebastian River Improvement District ("SRID") will hold Regular Board Meetings of the Board of Supervisors at the Indian River County Administration Complex, 1801 27th Street, Buildin� A, Room A1• 102, Vero Beach, Florida 32960 at 10:00 a.m. (••unless otherwise noted.. ) on the following dates:
October 15, 2025
December 17, 2025
February 18, 2026
April 151 2021
.. June 17, 2026..
August 191 2021
00n June 17, 2026, the Sebastian River Improvement District Annual landowners' Meeting will be held at the Indian River County Administra-tion Complex, 1801 27th Street, Building A, Room A1-102, Vero Beach, Florida 32960 and will commence at �	Thv Reguhn Board Meeting will immediately follow the Annual Landowners' Meeting at the same location,•• The purpose of the meetings is to
���g������:ub��:�: �h�c�o:i:l The meetings are open to the public and will be conducted in
:�r���ar..c:_ C��i;�eor�i�isi�nesnd! for any of the meetings may be obtained  from  the  District's
website or by contacting the District Manager at (561) 630-4922 and/or toll free at 1-877-737-4922. From time to time a Supervisor may participate by telephone: there-fore, a speaker telephone may be present as required, at the meeting location so that Supervisors may be fully informed of the discussions taking place. Said meeting(s) may be continued as found necessary to a lime and place specified on the record.
If any person decides to appeal any decision made with respect to any matter considered at these meet-ings, such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testi-mony and evidence on which the appeal is based.
In accordance with the provision5 of the Americans with Disabilities Act, any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (772) 345-5119 at least fo,ty-eight (48) hours prior to the meeting. If you are hearing or
:�:���,i�':��r::s.���t!bycd.���"c� 7-1-1, or 1-800-955-8771 (TTY} /
1-800·955-8770 (Voice}, for aid In contacting the District Office Meetings may be cancelled from time to time without advertised notice.
SEBASTIAN RIVER IMPROVEMENT DISTRICT
www sridO org
PUBLISH: INDIAN RIVER PRESS JOURNAL 10/03/25 #11701335

My commission expires

# of Copies:
1

Publication Cost:	$170.56	
Tax Amount:	$0.00	
Payment Cost:	$170.56	
Order No:	11701335	
Customer No:	1126008	
PO#:		

THIS IS NOT AN INVOICE!
Please do 1101 11se //,isformfor payment remilla11ce.

KAITLYN FELTY• ..
Notary Public State of Wisconsin

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Page 1 of 1

'	·-··-Qllu.w,�u_.:i

SEBASTIAN RIVER IMPROVEMENT DISTRICT REGULAR BOARD MEETING
AUGUST 20, 2025

Call to Order
The August 20, 2025, Regular Board Meeting of the Sebastian River Improvement District (the “District”) was called to order at 10:02 a.m. in the Indian River County Administration Complex, Building A, Room A1-102, 1801 27th Street, Vero Beach, Florida 32960.

Proof of Publication
Proof of publication was presented showing that notice of the Regular Board Meeting had been published in the Indian River Press Journal on May 22, 2025, and May 29, 2025, as legally required.

Establish Quorum
A quorum was established with the following Supervisors present:

Board of Supervisors

Supervisor	Jeff Bass	Present	
Supervisor	Tom Hammond	Present	

Staff members in attendance were:

District Manager	Frank Sakuma	Special District Services, Inc.	
District Counsel	Elizabeth Lenihan	Torcivia, Donlon, Goddeau & Rubin, PA	
District Engineer	George Simons	Carter Associates, Inc.	

Additions or Deletions to Agenda
-	Discussion on Cresswind Utilities

Saltwood (Graves Brothers Property) Project Introduction
Patrick Gonzalez, Vice President Land Development for Pulte Homes, gave an introduction of the Saltwood Project which included a copy of the conceptual plan submitted to the city of Sebastian. The commercially zoned area will center around CR 510, and the main focal point of the residentially zoned area will be 82nd Street. Phase 1 will consist of an estimated 1500 single-family units and a town center. Construction plans for Phase 1 are anticipated to be submitted to the City of Sebastian by the end of 2025. Patrick stated that they will be meeting with FDOT within the next 60 days.

Page 1 of 3

Discussion on Cresswind Utilities
Engineer Wesley Mills of Mills, Short & Associates, representing Pulte, made a request to the board to install utilities on the SRID eastern ROW boundary along CR 510 for the Cresswind subdivision. Mr. Bass responded that it is feasible, the primary concerns would be maintenance and the operation of drainage. District engineer Mr. Simons also stated that a lease agreement would be required. Mr. Mills stated that he would come back to the board at a later date to provide more information after meeting with FDOT.

Approval of Minutes
June 18, 2025, Regular Board Meeting and Public Hearing Minutes

A motion was made by Mr. Hammond, seconded by Mr. Bass, approving the minutes of the June 18, 2025, Regular Board Meeting and Public Hearing Minutes. The motion approving the minutes passed unanimously.

Old Business
There were no matters of Old Business to come before the board.

New Business
Update on Open Projects: River Oaks, Hawks Grove, Bluewater Bay
River Oaks – Project is pending the resolution maintenance rights request
Hawks Grove – Permit will be issued one the land swap is complete
Bluewater Bay – No current update at this time

Discussion Regarding South Prong – Overgrowth
Mr. Sakuma presented a letter from Ms. West of Indian River Land Trust, Inc. regarding blockages in the South Prong of the Sebastian River. Mr. Bass responded that he recommends staff investigate and determine if there is still an appropriate amount of water flow. Mr. Sakuma stated that he would work with staff to investigate and also notify Ms. West that they could clear the area themselves as an option as long as the board was aware and the process was formalized.

Mr. Sakuma suggested instituting an annual inspection as a preventative measure. Consensus of the board to move forward with an annual inspection.

Approving Real Estate Exchange Agreement between the District and Indian River County

A motion was made by Mr. Bass, seconded by Mr. Hammond, approving the agreement as presented, and authorizing the Chair and staff to execute any necessary supporting documents. The motion passed unanimously.

Consider Approval of FDOT – SRID – Memorandum of Agreement for 82nd Avenue Construction

Page 2 of 3

After board discussion, a motion was made by Mr. Bass, seconded by Mr. Hammond, approving the Memorandum of Agreement with FDOT for the 82nd Avenue Construction in substantial final form. The motion passed unanimously.

Saltwood (Graves Brothers Property) Project Introduction
This item was moved to the top of the agenda.

Administrative Matters
Sand Mine Update
Mr. Simons notified the board that the annual inspection is October 1, 2025.

Financial Update
Mr. Sakuma briefly addressed the financials included in the Board package, and noted the District was in sound financial condition.

Engineer Update
Mr. Simons had nothing further for the Board.

Manager Update
Mr. Sakuma reminded the board to complete the annual 4-hour ethics training, due by December 31, 2025.

Board Member Comments

There were no additional comments from the Board.

Comments from the Public for Items Not on the Agenda
There were no comments from the public.

Adjournment

There being no further business to come before the Board, the Regular Board Meeting of the District was adjourned at 11:18 a.m. There were no objections.

Secretary/Assistant Secretary	Chair/Vice-Chairman

Page 3 of 3

RESOLUTION NO. 2026-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2024/2025 BUDGET (“AMENDED BUDGET”), PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Board of Supervisors of the Sebastian River Improvement District (“District”) is empowered to provide a funding source and to impose special assessments upon the properties within the District; and,

WHEREAS, the District has prepared for consideration and approval an Amended Budget.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT, THAT:

Section 1.  The Amended Budget for Fiscal Year 2024/2025 attached hereto as Exhibit “A” is hereby approved and adopted.

Section 2.  The Secretary/Assistant Secretary of the District is authorized to execute any and all necessary transmittals, certifications or other acknowledgements or writings, as necessary, to comply with the intent of this Resolution.

PASSED, ADOPTED and EFFECTIVE this 19th day of February, 2026.

ATTEST:	SEBASTIAN RIVER
IMPROVEMENT DISTRICT

By:			By:		 Secretary/Assistant Secretary			Chairperson/Vice Chairperson

Sebastian River Improvement District

Amended Final Budget For Fiscal Year 2024/2025
October 1, 2024 - September 30, 2025

FINAL AMENDED BUDGET
SEBASTIAN RIVER IMPROVEMENT DISTRICT FISCAL YEAR 2024/2025
OCTOBER 1, 2024 - SEPTEMBER 30, 2025

REVENUES	FISCAL YEAR 2024/2025 BUDGET
10/1/24 - 9/30/25	AMENDED FINAL BUDGET
10/1/24 - 9/30/25	YEAR TO DATE ACTUAL
10/1/24 - 9/29/25	
NAV ASSESSMENTS	308,436	319,594	319,594	
R-O-: USE FEES	25,515	 9,2 5	69,265	
PERMIT FEES	5,000	5,000	5,000	
OTHER REVENUE	0	2,500	2,500	
INTEREST INCOME	2,400	 5,210	65,210	
TOTAL REVENUES	 	341,351	 	4 1,5 9	 	4 1,5 9	
				
EXPENDITURES				
LEGAL	20,000	3 ,000	32,167	
DISTRICT ADMINISTRATIVE	30,000	30,000	30,000	
OPERATIONS MANAGER	21,000	21,000	21,000	
OPERATIONS MANAGER - PAYROLL TA;ES	1,607	1, 0 	1,607	
ENGINEERING - GENERAL	70,000	 2,000	79,791	
ENGINEERING - PERMIT	5,000	1,000	0	
ENGINEERING - OTHER	14,000	2,000	0	
ACCOUNTING / AUDIT	5,400	5,400	5,400	
INSURANCE	12,000	10,1 3	10,163	
:EBSITE MANAGEMENT	2,000	2,000	2,000	
DUES  SUBSCRIPTIONS	3,000	1,1 5	1,175	
LEGAL ADVERTISEMENTS	1,400	1,400	602	
MISCELLANEOUS	3,938	10,500	9,643	
:ATER 4UALITY ANALYTICAL SERVICE	1,000	5,000	3,825	
R-O-: MAINTENANCE (INCLUDES CANAL MAINTENANCE  BAN. MO:ING)	130,000	205,000	183,866	
MISCELLANEOUS MAINTENANCE	2,500	5,000	2,876	
TOTAL EXPENDITURES	 	322, 45	 	420,245	 	3 4,115	
				
REVENUES LESS EXPENDITURES	 	1 ,50 	 	41,324	 	 ,454	
				
COUNTY APPRAISER TA; COLLECTOR FEE	(6,169)	 2,350 	(2,350)	
DISCOUNTS FOR EARLY PAYMENTS	(12,337)	 10,559 	(10,559)	
				
EXCESS/ S+ORTFALL 	 	-	 	2 ,415	 	 4,545	
				
PREVIOUS YEAR CARRY OVER	-	0	0	
				
NET EXCESS/ S+ORTFALL 	 	-	 	2 ,415	 	 4,545	

Notes
Assessable Acres = 10,046

FY 2025 Assessment per Acre = $30.70
FY 2025 Budgeted (Carry Over) Funding Assessment per Acre = $0

FUND BALANCE AS OF 9/30/24	$	1,658,553	
FY 2024/2025 AMENDED BUDGET ACTIVITY	$	28,415	
FUND BALANCE AS OF 9/30/25	$	1,686,968	

RESOLUTION NO. 2026-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT ADOPTING AN ANNUAL REPORT OF GOALS, OBJECTIVES, AND PERFORMANCE MEASURES AND STANDARDS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Sebastian River Improvement District (the “District”) is a local unit of special-purpose government organized and existing under and pursuant to Chapters 189 and 190, Florida Statutes, as amended; and

WHEREAS, effective July 1, 2024, the Florida Legislature adopted House Bill 7013, codified as Chapter 2024-136, Laws of Florida, and creating Section 189.0694, Florida Statutes; and

WHEREAS, the District adopted Resolution 2024-04 on July 17, 2024, establishing goals and objectives for the District and creating performance measures and standards to evaluate the District’s achievement of those goals and objectives; and

WHEREAS, pursuant to Section 189.0694, Florida Statutes, the District must adopt and publish on its website an annual report prior to December 1st of each year, describing the goals and objectives achieved by the district, as well as the performance measures and standards used by the district to make this determination, and any goals or objectives the district failed to achieve.
WHEREAS, the District Manager has the annual report of the District’s goals, objectives, and performance measures and standards attached hereto and made a part hereof as Exhibit A (the “Annual Report”) and presented the Annual Report to the Board of the District; and

WHEREAS, the District’s Board of Supervisors (“Board”) finds that it is in the best interests of the District to adopt by resolution the attached annual report of the goals, objectives and performance measures and standards.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE SEBASTIAN RIVER IMPROVEMENT	COMMUNITY	DEVELOPMENT DISTRICT, THAT:

SECTION 1. The recitals so stated are true and correct and by this reference are incorporated into and form a material part of this Resolution.

SECTION 2. The District Board of Supervisors hereby adopts the Annual Report regarding the District’s success or failure in achieving the adopted goals and objectives and directs the District Manager to take all necessary actions to comply with Section 189.0694, Florida Statutes.

SECTION 3. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 4. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this 17th day of December, 2025.

ATTEST:	SEBASTIAN RIVER IMPROVEMENT DISTRICT

Secretary/Assistant Secretary	Chairman, Board of Supervisors

Exhibit A: Annual Report of Performance Measures/Standards

Exhibit A

Program/Activity:	District Administration
Goal:	Remain compliant with Florida Law for all district meetings
Objectives:
Notice all District regular, special, and public hearing meetings
Conduct all post-meeting activities
District records retained in compliance with Florida Sunshine Laws
Performance Measures:
All Meetings publicly noticed as required (YES)
Meeting minutes and post-meeting action completed (YES)
District records retained as required by law (YES)

Program/Activity:	District Finance
Goal:	Remain Compliant with Florida Law for all district financing activities
Objectives:
District adopted fiscal year budget
District amended budget at end of fiscal year
Process all District finance accounts receivable and payable
Support District annual financial audit activities
Performance Measures:
District adopted fiscal year budget (YES)
District amended budget at end of fiscal year (YES)
District accounts receivable/payable processed for the year (YES)
“No findings” for annual financial audit (NO)
If “yes” explain

Program/Activity:	District Operations
Goal:	Insure, Operate and Maintain District owned Infrastructure & assets
Objectives:
Annual renewal of District insurance policy(s)
Contracted Services for District operations in effect
Compliance with all required permits
Performance Measures:
District insurance renewed and in force (YES)
Contracted Services in force for all District operations (YES)
Permits in compliance (YES)

I
I

APPLICATION for Connection TO or USE of Sebastian River Improvement District (SRID) Facilities/Rights of Ways

Date of Application:	 _
Application Information:

Application Number: 	 _
L1.&=� ,�,L

Name:
Address:

Ryall Acquisition Group, LLC
 1848 Wilbur Avenue	
 Vero Beach, Florida 32960	
 ATTN: Chad A. Kelly, Manager

Contact Number(s)  _....(7_7_2,_)4_7_3_-9_7_9_1_�-------
Authorized Agent (Narneffitle/Address): Authorized Oesignee Statement must be included.

Contact Number(s) 	
.Non-Refundable Fee Schedule*
Proposed New/Modified Connection or Use (check all applicable lines):
_X	 Culvert Connection to SRID System	Up to$ 200.oo�
�		Pump Connection to SRID System	Up to$ 300.00* For Crossing of SRID System and/or Water Storage!

X	Culvert and/or Control Structure
�	Other (Specify) 	

Up to $ 500.00*
*As determined by SRID

*Note: The amount of the NON REFUNDABLE APPL/CATION FEE is at the discretion of the $RID Administrator as based on the potential project complexity and associated revi _w process.

Given the potential complexity of certa n projects, the SRID Administrator may need to seek professional advice, review and assistance from SRID Legal Counsel andfor Engineers as well as other parties as may be relevant to this project's review. If the need for that specialized assistance is utilized, the applicant/representativewill be responsible for the timely and com.plete payment of all associated costs within fifteen (15) calendar days of payment due notification by the SRID. In conjunction with this application submission and upon the determination of the SRID, the applicant may be required to submit a RETAINER FEE up to $2,500.00 PRIOR TO THE COMMENCEMENT OF THE ACTUAL REVIEW
PROCESS. This retainer fee will be returned to the applicant upon the timely payment of all applicable project fees and the submission of all required project information to the satisfaction of the SRID upon project completion.

Project Location (Specific to SRID- System i.e. R-12 East) Include SectionJTownship/Range Info
R13-E Ditc_b Extension (East of 66th Ave): R13-E Drainage Connection: Basin N-1, Basin N-2, Basin N-3, Basin East-N2, Basin S-1: R13-E Culvert Installation: 741h Ave, Independence Dr, 70lh Ave, Sousa Ave, R14-E Culvert Connection: 81li1 St Ditch Bypass
Attach DETAILED SITE drawings to depict specific project location
Details of proposed Project Activities. As applicable, details should include but not be limited to:
(Diameter/Length of Culvert; Diameter/Rated Capacity of Pumps;
Height/Width of riser or other structural details;
signed and sealed engineering drawings/ survey information;
engineering calculations;
applicable other agency (SJRWMD and Indian River County) general correspondence, technical staff reports, approved permits, special conditions; etc.)
Special Conditions: (TQ be determined by tne SRID)
Estimated date of Project Cornmencement:=---�A  ._pri1 20=2=5	 _
Estimated date of Project Completion:	April 2026
As the Applicant/Representative, I do understand and agree by my Signature and through the submission of this SRID Application, that;

The use of, or construction within, the rights -of�ways of the Sebastian River Improvement District will be in accordance with the details of the approved information submitted in support of this applicatton; and If any changes are required, same will be cleared/approved with the SRIO.
I accept full responsibility for any erosion to or shoaling in the SRID's canal or levee system due to
my project work, and I shall remove or repair same promptly and at no expense to the SRID· and I will prevent the discharge of any vegetative materials-aquatic growth or sediments into the SR.ID �ystem through tnis connection.
I will neither plant trees or shrubs or effect any structure that will prohibit the access of SRID equipment or vehicles or those of their contractors, without securing proper SRID authorization thereof The SRID oi: its successor will be given priority perpetual access.

It is further understood and agreed that any requirements Of fhe SRID are binding upon me, the applicant/representative, and I do hereby indicate acceptance of this notice.
It is further understood and agreed that the lands to be benefitted by this requested permit are or may be, subject to flooding during perlods of high water due to heavy rains or acts of God, and that the permit will be accepted subject to this possibility which is recognized not to be within the control of the SRID.
Standard Provisos
Permittee assumes full responsibility for any construction, operation or maintenance of SRIOproperty or rights of way subject to this Permit ahd shall save and hold harmless the SR.ID from any expense, loss, damage or claim in regard thereto, and the SRID assumes and shall have no liability in connection therewith.
This Permit may not be assigned or sublet to a third pc:1rty and any transfer of Permittee's property abutting SRID property or rights of way shall immediately cancel, nullify1 and revoke this Permit.
This Permit is subject always to the paramount right of the SRID to keep and maintain its Improvement District functions and operations, and is subject to revocation and cancellation upon

thirty (30) calendar days notice from the SRID to the Permittee.
In no event shall the SRID be liable for any damage done or caused by the SRID to the public, to Permittee or any other persons using the rights of way property subject to this Permit. Permittee shall
save the SRID, its officers, agents, administrator, supervisors and employees harmless from any costs, charge or expense of claims or demand ofany person against the SRID arising from or pertaining to any use made of the property or rights of way subject to this permit. Permittee shall, at
any time upon request of the SRID, provide to the SRID evidence, satisfactory to the SRID, of liability insurance coverage as may be required by the SRID, protecting the interests of the SRID and namlng the SR!D as an additiohal insured.

The SRID may, on thirty (30) calendar days written notice to Permittee, require removal and/or alteration of any installation or construction on SRID rights of Way.
Any construction on SRID's rights of way or property, and clean up, shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing SRID berm, channel slopes and grade, with proper restoration and planting of any disturbed areas to prevent erosion within ten (10) calendar days after completion and installation.

Permittee shall advise the SRID Engineer (Carter Associates) office prior to commencement and upon completion of all project activities. Office Telephone: (772) 562-4191
Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of the SRID nor permit anything to obstruct the flow of water, and shall save and hold the SRIOharmless from any e.xpense, loss or damage to the SRID or others by any such discharge or obstruction, remedying or removmg the same immediately upon request of the SRID. Off-site discharges from the project into SRID water bodies shall meet or exceed current or future Federal and State Water Quallty Standards.
Permlttee, as a conditiori to the continuance of this Permit, shall reimburse the SRID, immediately upon demand, for any testing or other costs or expenses to the SRID associated with or arising from Permittee's use of the SRI D's facilities/rights of way,
1o. Applicant is cautioned that electrical, water and sewer, or other installations or utilities may be located within the project area, and applicant shalt use diligent efforts to first detect and locate all such installations and shall coordinate all project activities with other laWful users of said rigMs of ways.
Applicant shall be liable for all dama_ges proximately resulUng from its Interferences with or interruption of services provided by other lawful rights of way users.
This permit shall be considered to be a license only, for the limited purpose of Installation, placement and maintenance of the improvements and project activities specified on the face hereof and representative by accompanying signed and sealed and relevant project drawings, and does not convey any other right, title or interest of the SRID in the subject right of wa.y property.
Applicants are strongly encouraged to implement to the optimal degree possible Best Management Practices (BMP's) and other recognized water quality Improvement actions to reduce the off-site transport of vegetation and sediment material.
The permit applicant js required to submit within thirty (30) calendar days of project completion, written acknowledgment the permitted project was constructed in complete accordance with applicable and approved plan!;l, and reflects sound engineering practices, and the constructed project poses no detrimental impacts to other users within the SRID system. This project completion acknowledgment can be rn the form of a letter, signed by the permit applicant, attesting to the fact the project was completed in complete accordance with approved plan details and may also require the submission of detailed, Signed and sealed" as,built" drawings.

Failure to comply with all conditions noted ln this application process and any special conditions associated with this specific project SRID approval, may result in permit revocation; loss of the use of SRID Rights of Way and facilities; and fines up to one thousand ($1000 00) dollars per day of violation as determined solely by the SRID.

Appiicant/Landowner Signature:

Applicant/Landowner Printed Name: .	-�-----.......c...c-""""""-'-=t+=-------�----

(For Sebastian River Improvement District Use Only) Applicable Application notations/approval(s):
For Sebastian River Improvement District: -----�-------�-------As applicable;	/	,//'/�	r	/  _ /
SRID Engineer Representative-:-�--;;;;;;.............,�--�----  ,/'--'()=-,,1-I_ZZ._?-U.._U? .z._�

Date of Approval: Conditional 	 -';-	/	Final: 		.....,/ 	/		_

*NOTICI;: PROJECT COMMUNICATIONS

Throughout the application and total project process, project communication remains the primary responsibility of the applicant/representative. Failure to maintain an active and open communication position during the total project process will result in a declaration by the Sebastian River Improvement District (SRID), that the application is "inactive0 and therefore "will be closed". In this regard, should a six month period (180 calendar days) elapse without any formal written communications to the SRID Administrator as to the status of the application/project, a notice will be issued to the appropriate party(ies) indicating the application will be declared "inactive " and will be "closed;; in thirty (30)calendar days. As applicable, any unobligated portion of the Retainer Fee will be refunded. Once the SRIO declares a project "inactive", �ANY SUBSEQUENT ACTIVITIES INVOLVING THIS PROJECT, WILL REQUIRE THE INITIATION OF A NEW APPLICATION PACKAGE AND ALL ASSOCIATED APPLICATION FEES.
Permission, when granted, will be subject to tna standard provisos set forth herein.
Note: Please be aware that suggestions or other directions provided by the District or its repreS,entatives are offered t.o assist the applicant in the application process. The applicant and/or their representative bear the burden of demonstrating that their application meets all applicable requirements including but not limited to the obtaining of all applicable documentation, permits and associated approvals. The FINAL decision regarding issuance or denial specific to this application is up to the Board of Supervisors of the District or their designee as determined by that Board of Supervisors.
REVISED September 2010
REf;ORMATTED October 2021

SPECIAL CONDITIONS
SEBASTIAN RIVER IMPROVEMENT DISTRICT
PERMIT#-----
PROJECT: LIBERTY PARK PHASE 2A & 2B SOUTH SID { OF - R5i0 - EAST AND WEST O • 66TH AVENU

DATE OF APPROVAL TO BE BASED ON THE SRID BOARD APPROVAL DATE
This pe1mit is issued based on the Masteller & Moler, Inc. constru.ction plans for Phases 2A and 28 with a revision d.ilte of 7/28/2025, (pages 1-5, 6A-6D, 21-33, 33A, 34-46, 47, and 55-57), dated, signed, and sealed by Stephen E. Moler, P on 10/14/2025; the Masteller & Moler, Inc. master stormwater management report dated, signed, and sealed by Stephen E. Moler, P on 10/14/2025� and the additional 2" limitation discharge computations dated, signed, and sealed on 10/02/2025.
The Master Stormwater ystem plans with a revision date of 717/2025, dated�signed, and sealed by St ve Moler on 10/14/2025 are pa1t of this approval, pa1iicularly the Phasing plan on Sheet 7. This phasing plan describes the limits of the previously approved Phase lA, the Phase 2A & 2B (approved under this pe1mit), and the future Phase 3 & 4 (construction plans are cu11'ently unapproved).
During construction drainage for the SRlD landowners upstream must be maintained.

Grade the SRID berm(s) to slope away from the top o the canal side slope. This construction requirement is to minimize canal side slope erosion.
var·ous Drainage Easement are depicted on the plans and shall be recorded be·ore the stonnwater system is placed into service.
The Engineer of Record will schedule a pre-construction meeting with the Contractor and an SRID representative prior the statt of construction.
 As-built plans shall be performed by a Florida Registered Surveyor and Mapper and fumished to the District within 30 days of the completion of the p·oject.

S:\CAI\Projects\SRID\00- S!T6 PLAN REVIEWS AND PE:RMiTS. SRID\Liberty Park 2020\Pennit 2025\Permit # TBD�Special Conclicions - Liberly Park • Phase 2A & 2B.doc

RON DESANTIS GOVERNOR

Florida Department of Transportation
3400 Wet Commercial oulevard
Fort auderdale, FL 33309

JARED W. PERDUE, P.E.
SECRETARY

December 11, 2025

Sebastian River Improvement District
f/k/a Sebastian River Water Control District f/k/a Sebastian River Drainage District, a Water Control District
Attn: B. Frank Sakuma, Jr., District Manager 2501A Burns Rd.
Palm Beach Gardens, FL 33410

SUBJECT:  Acquisition Purchase Offer Pack.age
Item/Segment No.:  2308793
County Road No.: 609 {82nd Avenue/Ranch Road) County:	Indian River
Parcel No.:	121/702 Dear Mr. Sakuma:
The Florida Department of Transportation (Department) requires property owned by you for the necessary road improvements planned for the above-referenced project. The Department has hired a private real estate appraiser, who has completed extensive market research and has appraised this property to determine its fair market value. After a thorough review by the Department's Review Appraiser, I am authorized to offer you, on behalf of the Department,
$1,561,100.00 for Parcel 121 and $300.00 for Parcel 702 as just and full compensation for the property described herein on the documents enclosed.

Enclosed and listed below is a pamphlet and a number of documents summarized as follows:

The Real Estate Acquisition Process Pamphlet: Explains the rights and benefits to which you are entitled under the Department's real estate acquisition process.
Notice to Owner: Explains your rights and options and the process we must follow by law in acquiring your property.
QyestLo.n□aire_:Please complete this form so we can confirm the information we have is accurate.

Right of Way MaR and Legal Description: Description of the property being acquired by the Department identifying and delineating the areas being acquired.
Representative Authorization: After the initial offer to purchase, if you prefer that we communicate directly with your attorney, this form allows us to do so.

www.fdot.gov I www.d4fdol.l.iom

Acquisition Purchase Offer Package
FM: 2308793
Parcel No.: 121/702 Page 2. of 2

Request for Taxpayer Identification Number: The Internal Revenue Service and the State Comptroller require either the property owner's Federal Tax Identification or Social Security number for reporting purposes.
Donation Letter (2): The Department requests that your consideration be given to donating the subject property.
Statement of Offer (2): States the Department's offer of just compensation based on Fair Market Value of the property.
Pyrchase Agreement (2}: After your review of the enclosed information, if you decide to accept the Department's offer, please sign, date and return this form to me. Your signature on the Purchase Agreement will allow me to begin the process of check ordering, scheduling of real estate closing, etc.
Request for Aoo[aisaJ�Once the Department receives written confirmation of your request for
a copy of the Department's appraisal report, it will be provided.
After review of the enclosed documents, if you are in agreement, please execute the Purchase Agreements and Request for Taxpayer Identification Number and return the documents to our office. We sincerely believe that we can reach an amicable and mutually satisfactory agreement and look forward to hearing from you in the near future.
If you have any questions regarding any of the procedures stated earlier or the documents enclosed, please call me at (321) 208-6272 or zabrina@americanacguisition.com.
Sincerely,

Zabrina Meneses
Consultant Right of Way Agent

Delivered by: USPS Certified Mail No. 9589 0710 57 2249 4276 21 Date: 	_
Received by: ------------------� 	Date: 	_

Enclosure{s)
Copy:	Records Management Agent File

.A.CQUI(SlIT.ION·
JFJROCESs·

FOO�

PROPERTY/PROJECTINFORMATION LETTER

___	-_

=

::::-

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We win provide a letter Hiat includes information aboul the property we are seeking to acquire, no later than the lime we
1 make you a written offer to purchase your property. This
letter will expl.ain the nature of the transportation project and will describe the portion ,of your property we need to acquire.

We will also provide a point of contact for you located within the Office of Right of Way.

OWNER REPRESENTATIVE&.CONOEMNAllON,

You may designate someone 1o represent you during n�otiations and we win work with your representative lo resotve any issues. It you choose to be repiesented by an attorney ticeilsed to practice law in Florida, you will be reimb11rsed for reasonable fees paid to the at-lomey. However, the amollnl of fees paid by FOOT may be limited by law.
If we are Ullable to reach a mutually agreeable• purchase price, we may choose to file a condemnation action. which will not occur less than 30 days from the date we make our written offer to purchase. But. FOOT will continue lo	negotiate with you or your reprasentatiVe throughout the litigation process.

Property Ownar -i""a
Notificdicr, from FOOT

Pn>porty OwnerRKelve FOO·T Offff
(Ba.oedonR>OT Appra/DI)

<•N-eg-otoialt3io0nDays)

Page 18

The rights eiplained in lhis;pamphlet arc
derived from Challter73, Florcela Sl.'.llule-s;. The rclcva11t porhons cf Chaptter 73.
Co-nce,rnmy th� real estate acqui�rtio-n· pr0C('SS of real ;prol)erty are pro,r,ded, fo,· your. mfor,n.11lion ;11 . ·�•. •� _-.� !.:,:i_·-

Elie(;t1v�: O<.tober 13. 2\Jfr

The Florida Department of Transportation's (FOOT} mission is to provide a safe transportation system that .ensures the mobility of peop.le and goods, enhances economic prosperity and preserves the quality of our environment andi communities.
To accomp:lish our mission, sometimes it is necessary for us to acquire private pr,operty. Because you are the owner 01· property that will be needed for a transportation,facility, we have prepared this pamphlet to, briefty ex,plain our acquisition process as well .as you,rrights and o,ptions.

PROPERTY APPRAISAL
Prior to making an offer to purchase your property, a real estate appraiser or other real estate expert will contact you I.a arrange an onsite illSpection of the property.

We encourage you to be present during the inspection and to provide any information which might affect the value of your property. Should you choose to obtain your own appraisal and share this opinion with us, the opinion will be considered   during   the
negotiation  process.  Addttionally,  FOOT  will
reimbuise you for reasonable costs of obtaining real estate appraisers or other experts' sel'llices to assist you with assessing the value ,of the p.r,operty v1ie are acquiring.

OFFER TO PURCHASE
Our offer to purchase your property wiU be made in writing to you either in person or by certified mail and will not be less than the amount we have determined to be the fair market value of the property.
Aft.er you have reviev.ed our offer, you may choose to make a counteroffer. If you do so, we will consider your counteroffer and will seek. to arrive at a mutually agreeable purchase price.

FOOT CONTACT INFORMATION
II you WO\Jld like copies of the appraisal, rigll.t of way maps or consbuctioo plans, we Y:lill pro-,de ttle dl>CUraen\s wittlin 15 days of yol!lr request. However, some of tile il.ocuments ma.y no.t be complete at ttle lime Of your req11est, but we will either inform you of when we wm provide the completed version of the requested information or provide you the most recent informationavailable.
Please feel free to contact us if you have additional questioos or if you need more infomlation about the project or the aoqulSition process.

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Final Judgment by Court

FOO�

CA'RTAINFORMATIVA SOBRE LA PRO�IEDAOY EL PR.OYECTO

�
-- -::=-

Enviaremos uma calta que inc[uira
informacion sobre la propiedad que planeamos adquirir. no mas tarde•que

REP,RESENTANTE DEL PROPIETARIO ¥ EXPROPIACION FORZO-SA
Ustedi puede designar a Olra persona: para q1>e lo represenre durante las negodacionies.'i lrabajaremos oon su representante par,!,resolwl'cualq'lier proDlema Si uste<i decidiera ser representado J)0( ,m abogado, con licencia

Propiewio recil>e nolllleaei6n d<!I FOOT

al liempo en que le hagamos uria

para ejercer de1echo en, el eslado de Florida,. se lie

Ptaplotarla nt<ib<-I

c1o1R>OT

,oferta IJ()r esorilo para con11,prar su

reernbolsalial'Ilcs llonoralios razooables que usted le pague

(ugun tasad6,r del FD01J

pl'Opiedad. En esta carta se expficara

la natura1eza de! proyecto de

al abogado. No obstanle, fa sume de los honorarios		
pagados por el!FOOT podria estar lill'ltad!a por lasleyes.

transporte y se describira la porci6n de ,su propiedad que necesilaremos adquirir.
Asimismo le proporciooaremos un punto de conlacto que este ubicado dentro de la oficina de seNidumbre de· paso (Office of Right of Way).
AVALUO DE LA PROPIED.AD
Antes de �aoerte una o1erta de compra de s11prqpiedad, un (lasador) u o1ro experto,en bienes y raices se ponotra
eim oontacto,oon usted para acorda1 1:1na inspecci611en, persor1a d'.e rapr,opiedad.

Page 19

Le aoonsejamos Que este presente durante la. inspecci6n y propocciooe cualquier infomla.ci6n que pudiera atectar el valor de su propiedad. En caso de que usted decida obtener su propio tasaci6n y oompartit la con nosotros, est. sera tomada en cuenta durante el proceso de negociaci6n. Adiciooafmente, el
FOOT le reembolsara el oosto raz.onable de obtencion de la tasacion o servlcios de otms expertos que le ayudern a,otetemiinar el valor de la 1Propiedad q,ue estamos adquiriendo.

En caso de que no llegararoos a un acuerdo,mutoo sabre el precio de compra. podriamos decidir iniciar I.Ill prooeso de expropiaci6n.,lo cual no acunira antes de•30 dlas a partir de la,feclla en que le nagarnos nuestra oferta de compra por esailo. Sin embargo, el FOOT seguira negoc:iando con usted o su rep;esenlal!e di.ranle tod'o el proceso de fitigjo.
INFORMACION DE CON'TA.CTO DELFDOT
Si deseara teer aipas del avaluo, mapas de serwwmble de pasio de \l'ia o los pianos de oonstiruccilln. podemos Qfrecerfe eslos dOcumenlOs em un lapsede 15 dias a,partir de la fecna de solicirud. Sin emt)afgo, es po$it:le que algtmos de eslos document.cs no esten lis!cs al momenlo de su solicit.ud, por lo que le infonnaremos Ja feda en que le enwaremos :la version co.mpleta de la informaci6n
solic:itada o le suministrarernos la. infonnacion mas
adualizada que tengamos al alcance.

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No dude efl contactamos si Ilene :preguntas adic::ionales o necesita mas inforrnaci6n sabre el proyed:o o el proceso de aclquisic:i6n.

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9FERTA,DE COMPRA

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La misi6n del De-partame.nto de Transporte de Florida	es proporcionar Ull Sistema de transporte seguro que garantice la movilidad de las personas. y los bienes, mejore la prosperidad eoon6mica 'J preserve la calidad de nuestro medio am'biente "/ nuestras oomunid>alfes.

A fin d,ecumplir connuestra mision, en ocasiones nos vemos enb necesidad de adquirir pro,piedad privada. Pu·esto que usted es dueiio de una pro,piedad que se necesitara para una vfa de trcmsporte, 1lemos preparado este paRleto en el que se explic:a brevemen.te nuestro procesa de adquisici6n, asi como sus derechos y opciones.

le haremos rnueslra oferta de

I

I

I

�..,,-,.-. -

T-
-el
p,aciD

Senfendafinal delbibunal

,oompra de su propiedad por
,escrito, ya sea en persoM o mediante con-eo oertificado., y no por una suma meno1 a, la que
hayamos determinad'o oomo el	I	I
valor de meroado justo o'e la

-

propiedad.	I

I

Una yez que usled haya revisado n:iuestra orerta, pl!led'.e o;ptar por hac::emos 9na oonlraoferta. Si asli J:o hiciera, someteremos su contraoferta a ,oonsid.eracion y
buscarernos lfegar a an precio de compra de ,mutuo	I
acuerdo.
I

Managing District: -4

Item/Segment No.: -2-308-79-3 	 County Road No.: 609
(82nd Avenue/Ranch Rd) County:	Indian River

RECEIPT FOR:

Parcel No.: -1-2-1/-70'�2

-------

FD

The Florida Dep rtm nt of Tron portatlon's (FOOT) mis I n I	to provld_		snf transport tlor1	y tom th t	en ur s		tho mobility of people and goods,	nh nc economic prosperity		and- preserves		 the quality of our nvlronment and commun!tl .
To accomplish our mission, somelirne- It i nocess ry for us to acqulro privat ptoporty. Boe use you re th owner of property that will bo needed for a transport lion f clllly, w hav prep red ttils pamphlet to briefly Kplain ur acqul ltlon proc  s swell s your rl h. and option .

Receipt Acknowledged: 	 Date: 	
_	USPS Certified Mail Return Receipt
Delivered By: No. 9589 071o 5270 2249 4276 21	Date: �-----

Select Year:	2024 v  �

The 2024 Florida Statutes (including 2025 Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

�pter73 EMINENT DOMAlN
CHAPTER 73
EMINENT DOMAIN

View Entire ChaRter

Page 21

Procedure.
Conveyance of property taken by emil'lent domain; preservation of government entity communications services eminent domain limitation; exceptiofl to restrictions on power of eminent domain.
Taking property to eliminate nuisance, slum, or blight condiUons prohibrted.
Presuit negotiation.
73.0155  Confidentiality; business information provided to a governmental condemning authority.
73.021	Petition; contents.	
73.031	Process; service and publication.	
73.032	Offer of judgment.	
73.041	Acquiring or perfecting title after appropriation..	
73.051	Retums; defaults.	
73.0511  Prelitigation notice.
73.061  Pretrial hearing..
73.071 Jury trial; compensatlon; severance damages; business damages.
73.0715	Valuation of electric utility property.
73.072	Mobile home parks; compensation for permanent improvements by mobile home owners.	
73.073	Eminent domain procedure with respect to condominium common elements.	
73.081	Form of verdict.	
73.091	Costs of the proceedings.	
73.092	Attorney's fees.	
73.101	Form of judgment.	
73.111	Deposit and possession.	
73.121	Writs of assistance and possession.	
73.131	Appeals; costs.	

Page 22

73.141	Payment.	
73.151	Railroads and canal companies.	
73..161	Right-of-way for telephone and telegraph over railroad right-of-way.	

73.01Z	Procedure.-Actions in emir\ent domain shall be governed by the rules of civil procedure and the appellate rules unless otherwise provided by this chapter.
History.-s. 1, ch. 65-169.

Conveyance of property taken by eminent domain; preservation of government entity communications services eminent domain limitation; exception to restrictions on power of eminent domain.-
Notwithstanding any other provision of law, includin� any charter provision, ordinance, statute, or special law, if the state, any polttical subdivision as defined in s. 1.01(8), or any other entity to which the power of eminent domain is delegated files a petition of condemnation on or after the effective date of tJhis section regarding a parcel of real property in this state, ownership or control of property acquired pursuant to such petition may not be conveyed by the condemning authority or any other entity to a natural person or private entity, by lease or otherwise, except that ownership or control of property acquired pursuant to such petition may be conveyed, by leas,eor otherwise, to a natural person or private entity:
for use in providing common canner servioes or systems;
1.	For use as a road or other right-of-way or means that is open to th,e public for transportation, whether at no charge or by toU;
2.	For use in the provision of tra11sportatio11-related services, business opportunities, and products pursuant to s. 338.234, on a toll road;
,(c)	That is a public or private utility for use in providing electncity services or systems, natural or manufactured gas services or systems, water and wastewater services or systems, stormwater or runoff services or systems, sewer services or systems, pipeline facilities, telephone services or systems, or similar services or systems;
For use in providing public infrastructure;
That occupies, pursuant to a lease, an incidental part of a public property or a public facility for the purpose of providing goods or services to the public;
(fl	Without restriction, after public notice and competitive bidding uriless otherwise provided by general law, if less than 10 years have elapsed since the condemning authority acquired title to theproperty and the following conditions are met:
The oondemning authority or governmental entity holding titte to the property documents that the property is no longer needed for the use or purpose for which it was acquired by the condemning authority or for which it was transferred to the current titleholder; and
The owner from whom the p,roperty was taken by eminent domain is given the opportunity to repurchase the property at the price that he or she received from the condemning authority;
After public notice and competitive bidding unless othe™se provided by general law, if the property was owned and controlled by the condemning authority or a governmental entity for at least 10 years after the condemning authority acquired title to the property; or
In aocordanc,e with subsectton {Z).
(2)(a)	If ownership of property is conveyed to a natural person or private entity pursuant ta paragraph (1)(a),. paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), or paragraph (1){e), and at least 10 years have elapsed since the condemning authority acquired title to the property, the property may subseque:ntty be transferred, after public notice and competitive bidding unless otherwise provided by general law, to another natural person or private entity without restriction.

Page 23

If ownership of property is conveyed to a natural person or private entity pursuant to paragraph {t)(a), paragraph {1)(b), paragraph (1)(c), paragraph {1)(dj, or paragraph (1)(e), and Less than 10 years hav,eelapsed since the condemning authority acquired tiUe to the property, the property may be transferred, after public notice and competRive bidding unless otherwise provided by general law, to,another natural person or private entity without restriction, if the following conditions are met:
The current titleholder documents that the property is no longer needed for the use or purpose for which the property was transferred to the current titleholder; and
The owner from whom the property was taken by eminent domain is given the opportunity to repurchase the property at the price that he or she received from the condemning authority.
This section does not affect the limitation on a government entity's powers of eminent domain contained in s. 350.81(2){j).
The power of eminent domain shall be restricted as provided in this chapter and chapters 127, 163, and 166, except when the owner of a property relinquishes the property and concedes to the taking of the property in order to retain the ability to reinvest the proceeds of the sale of the property in replacement property under s. 1033 of the Internal Revenue Code.
History.-s.. 1, ch. 2006-11.

Taking property to eliminate nuisance, slum, or blight conditions prohibited.-
Notwithstand�ng any other provision of law, including any charter provision, ordinance, statute, or special law, the state, any political subdivision as defined in s. 1..01(8), or any other entity to which the power of eminent domain is delegated may not exercise the power of eminent domain to take private property for the purpose of abating or eliminating a puMic nuisance. Notwithstanding any other provision of law, including any charter provision,. ordinance, statute, or special law, abating or eliminating a public nuisance is not a valid public purpose or use for which private property may be taken by eminent domain and does not satisfy the pubUc purpose requirement of s. 6(a), Art. X of the State Constitution. This subsection does not diminish the power of counties or municipalities to adopt or enforce county or municipal ordinances related to code enforcement or the elimination of public nuisances to the extent such ordinances do not authorize the taking of private property by eminent domain.
Notwithstanding any other provision of law, induding ar,y charter provision, ordinance, statute, or special law, the state, any political subdivision as defined ins. 1.01(8), or any other entity to which the power of eminent domain is delegated may not exercise the power of eminent domain to tal<ie private property for the purpose of preventing or eliminating slum or blight conditions. Notwithstanding any other provision of law, including any charter proV1sion, ordinance, statute, or special law, taking private property for the purpose of prevenHng or eliminating slum or blight conditions is not a valid publk purpose or use for whkh private property may be taken by eminent domain and does not satjsfy the public purpose requirement of s,.6(a), Art. X of the State Constitution.
H1stmy.-s. 2, ch. 2006-11.

Presuit negotiation.-
Before an eminent domain proceeding is brought under this chapt.er or chapter 74, the condemning authority must attempt to negotiate in good faith with the fee owner of the parcel to be acquired, must provide the fee owner with a written offer and, if requested, a copy of the appraisal upon which the offer is based, and must attempt to reach an agreement regarding the amount of compensation to be paid for the parcel.
No later than the time the initial written or ora,ol ffer of compensation for acquisition is made to the fee owner, the c.ondemning authority must notify t'1e fee owner of the following:
That all or a portio11 of his or her property is necessary for a project.
The nature of the project for which the parcel is considered necessary, and the parcel designation of the property to be acquired.

Page 24

That, within 15 business days after receipt of a request by the fee owner, the condemning authority will provide a copy of the appraisal report upon which th,eoffer to the fee owner is based; copies, to the extent prepared, of the right-of-way maps or other documents that depict the proposed taking; and copies, to the extent prepared, of the construction plan.s that depict project improvements to be constructed on the property taken and improvements to be constructed adjacent to the remaining property, including, but n.ot limited to, plan, profile, cross-section, drainage, and pavement marking sheets, and driveway connection detail. The condemning authority shall provide any additional plan sheets within 15 days of request.
The fee owner's statutory rights under ss. 73.091 and 73.092, or alternative\y provjde copies of these proV'isions of law.
The fe,eowner's rights and responsibilities under paragraphs (b) and (c) and subsection (4), or alternatively provide copies of these provisions of law.
The condemning authority must provide a written offer of compensation to the fee ow11er as to the value of the property sought to be
appropriated and, wl'lere less than the entire property is sought to be appropriated, any damages to the remainder caused by tlhe taking. The owner must be given at least 30 days after either recelpt of U,e notice or the date the notice is returned as undeliverable by the postal authorities to respond to the offer, before the condemning authority files a condemnation proceeding for the parcel identirfied in the offer.
(c}	The notice and written offer must be sent by certified mail, return receipt requested, to the fee owner's last known address listed on the cou11ty ad valorem tax roll. Alternatively, the notice and written offer may be personally delivered to the fee owner of the property. If there is more than one owner of a property, notice to one owner constitutes notice to all owners of the property. The return of the notice as undeliverable by the postal authorities constitutes compliance with this provision. The condemning authority is not required to give notice or a written offer to a person who acquires title to the property after the notice required by this section has been given.
(d)	Notwithstanding tMs subsection, with respect to lands acquired under s. 25,3.025, the condemning authority is not required to give the fee 0W11er the current appraisal before executing an option contract.
Before an eminent domain proceeding is brought under this chapter or chapter 74 by the Department of Transportation or by a county,
municipality, board, district, or other public body for the condemnation of right-of-way, the condemning authority must make a good faith effort to notify the business owners, including lessees, who operate a business located on the property to be acquired.
The condemning authority must notify the business owner of the foHowing:
That all or a portion of his or her property is necessary for a project.
The nature of the project for which the parcel is considered riecessary, and the parcel designation of the property to be acquired.
That, within 15 business days after receipt of a request by the business owner, the condemning authority wilt provide a copy of the appraisal report upon which the offer to the fee owner ms based; copies, to the extent prepared, of the light-of-way maps or other documents that depict the proposed taking; and copies, to the extent prepared, of the construction plans that depict project improvements to be constructed on the property taken and
improvements to be co!"lstructed adjacent to the remaining property, including, but not limited to, plan, profile, cross-sectiont drainage, pavement marking sheets, and driveway connection detail. The condemning authority shall proV1de any additional plan sheets within 15 days of request.
The business owner's statutory rights under ss. 73.071, 73.091, and 73.092.
The business owner's rights and responsibilities under paragraphs (b) and (c) and subsection (4).
The notice must be made subsequent to or concurrent with the condemning authority's making the written offer of compensation to the fee owner pursuant to subsection (1). The notice must be sent by certified mail, return receipt requested, to the address of ttle registered agent for the business located on the property to be acquired, or if no agent is registered, by certified mail or personal delivery to the address of the business located on the property to be acquired. Notice to 011e owner of a multiple ownership business constitutes notice to all business owners of that business. The return of the notice as undeliverable by the postal authorities constitutes compliance with these provisions. The condemning authority is not required to

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give notice to a person who acquires an interest in the business after the notice required by this section has been given. Once notice has been made to business owners under this subsection, the condemning authority may file a condemnation proceeding pursuant to chapter 73 or chapter 74 for the property identified in the notice.
If the business qualifies for business damages pursuant to s. 73.on(3)(b) and the business intends to claim business damages, the business owner
must, within 180 days after either receipt of the notice or the date the notice is returned as undeliverable by the postal authorities, or at a later time mutually agreed to by the condemning authority and the business owner, submit to the condemning authority a good faith written offer to settle any claims of business damage. The written offer must be sent to the condemning authority by certified mail, return receipt requested. Absent a showing of a good faith justification for the faillure to submit a business damage offer within 180 days, the court must strike the business owner's cla(m for business damages in any condemnation proceeding. If the court finds that the business owner has made a showing of a good faith justification for the failure to timely submit a business damage offer, the court shalll grant the business owner up to 180 days within which to submit a business damage offer, which the condemning authority must respond to within 120 days.
The business damage offer must include an explanation of the nature, extent, and monetary amount of such damage and must be prepared by the owner, a certified public accountant, or a business damage expert familiar with the nature of the operations of the owner's business. The business owner shall also provide to the condemning authority copies of the owner's business records that substantiate the good faith offer to settle the business damage claim. If additional information is needed beyond data that may be obtained from business records existing at the time of the offer, the business owner and condemning authority may agree on a schedule for the submission of such information.
As used in this paragraph, the term "business records" includes, but Is not limited to, copies of federal income tax returns, federal income tax w1thholding statements, federal miscellaneous income tax statements,, state sales tax returns, balance sheets, profit and loss statements, and state corporate income tax returns for the 5 years preceding notification which are attributabte to the business operation on the property to be acquired, and other records relied upon by the business owner that substantiate the business damage daim.
Within 120 days after receipt of the good faith business damage offer and accompanying business records, the condemning authority must, by certified mail, accept or reject t!ie business owner's offer or make a counteroffer. Failure of the condemning authority to respond to the business damage offer, or rejection thereof pursuant to this section, must be deemed to be a counteroffer of zero dollars for purposes of subsequent application of s. 73.092{1).
(31 At any time in the presuit negotiation process, the parties may agree to submit the compensation or business damage claims to nonbinding mediation. The parties shall agree upon a mediator certified under s. 44.102. In the event that there is a settlement reached as a result of mediation or other mutually acceptable dispute resolution procedure, the agreement reached shall be in writing. The written agreement provided for in this section shall incorporate by reference the right-of-way maps, construction plans, or other documents re�ated to the taking upon which the settlement is based. In the event of a settlement,, both parties shall have the same legal rights that would have been available under law if the matter had been resolved
throwgh eminent domain proceedings in circuit court with the maps, plans, or other documents having been made a part of the record.
If a settlement is reached between the condemning authority and a property or business owner prior to a lawsuit being filed, the property or business owner who settles compen:sation claims in lieu of condemnation shall be entitled to recover costs in the same manner as provided ins. 73.091 and attorney's fees in the same manner as provided ins. 73.092, more specificaHy as follows:
Attorney's fees for presuit negotiations under this section regarding the amount of compensation to be paid for the land, severance damages, and improvements must be calculated in the same manner as provided ins. 73.092(1) unless the parties otherwise agree.
If business damages are recovered by the business owner based on the condemning authority accepting the business owner's initial offer or the business owner accepting the condemning authority's initial counteroffer, attorney's fees must be caku\ated in accordance with s. 73.092(2), (3), (4), and

Page 26

for the attorney's time incurred in presentation of the business owner's good faith offer under paragraph ,(2)(c). Otherwise, attorney's fees for the award of business damages must be calculated as provided i1n s. 73.092(1), based on t.he diifference between the final judgment or settleme11t of business damages and the counteroffer to the business owner's offer by the condemning authority.
Presuit costs must be presented,. calculated, and awarded in the same manner as provided in s. 73.091, after submission by the business or property owner to the condemning authority of all appraisal reports, business damage reports, or other work products for which recovery is sought, and upon transfer of title of the real property by closfng, upon payment of any amounts due for business damages, or upon final judgment.
If the parties cannot agree on the amount of costs and attorney's fees to be paid by the condemning authority, the business or property owner may file a complaint in the circuit court in the county in which the property is located to recover attorney's fees and costs.
This shall only apply when the action is by the Department of Transportation, county, municipallity, board, district, or other public body for the condemnation of a road right-of-way.
Evidence of negotiations or of any written or oral statements used in mediation or negotiattons between the parties under this section is
inadmissible in any condemnation proceeding, except in a proceedfng to determine reasonable costs and attorney's fees.
History.-s. 57, ch. 99-385; s. 8, oh. 2001-256; s. Z8, ch. 2016-Bl; s. 14, ch. 2020-2.

73.0155	Confidentiality; business fnforrmatfon provided to a governmental condemning authority.-
The following business information provided by the owner of a business to a governmental condemning auti1ority as part of an offer of business damages under s. 73.015 is confidential and exempt from s. 119.07(1) ands. 24(a), Art. I of the State Constitution if the owner requests in writing that the business information be held confidential and exempt:
federal tax returns or tax information confidential under 26 U.S.C. s. 6103.
State tax returns or tax information confidential under s. 2.13.053.
1(c) Balance sheets, profit-and-toss statements, cash-flow statements, inventory records, or customer lists or number of customers for a business operating on the parcel to be acquired.
A franchise, distributorship, or lease agreement of which the business operating on the parcel to be acquired is the subject.
1-Aaterials that relate to methods of manufacture or production, potential trade 5ecrets, patentable material, or actual trade secrets as defined in
s. 688.002.
Other proprietary confidential business information related to the business operating on the parcel to be acquired, if the owner attests in writing
to the governmental condemning authority that:
The information is being relied upon to substantiate a claim for bus1ness damages under s. 73.015;
The information h.as not otherwise been publicly disclosed;
The information cannot be readily obtained by the public using alternative means;
The information is used by the business to,protect or further a business advantage over those who do not know or use the imformation; and
The disclosure of the information would injure the business in the marketplace.
An agency as defined in s. 11'91.011 may inspect and copy the confidential and exempt business information exclusively for the transaction of official business by, or on behalf of, an agency.
This section does not prevent an agency from offering the confidential and exempt business information as evidence in a legall proceeding and does not prevent a court from determining whether to dose a portion of a court record from subsequent public disclosure after trial in order to maintain

Page 27

the confidentiality of that information.
Any employee or agent of an agency receiving such confidential and exempt business information who willfully and knowingly violates this section commits a misdemeanor of the first degree, punishable as provided ins. 775.082 ors. TTS.083.
History.-s. 1, ch. 99-224; s. 1, ch. 2004-46; s. 1, ch. 2009-234.

73.021	Petition; contents.- Those having the right to exercise the power of eminent domain may file a petition therefor in the circuit court of the county wherein the property lies, which petition shall set forth:
The authority under which and the public use or purpose for which the property is to be acquired, and that the property is necessary for that public use or purpose;
A description identifying the property sought to be acquired. The petitioners may join in the same action all properties involved in a planned project whether in the same or different ownership, or whether or not the property is sought for the same use;
The estate or interest in the property which the petitioner intends to acquire;
T'he names, places of residence, legal disabilities, if any, and interests in the property of all owners, lessees, mortgagees, judgment creditors, and lienholders, so far as ascertainabte by diligent search, and all unknown persons having an interest in the property when the petitioner has been unable to ascertain the identity of such persons by diligel'lt search and inquiry. If any interest in the property, or lien thereon, belongs to the unsettled estate of a decedent, the executor or administrator shall be made a defendant without joining the devisee or heir; if a trust estate, the trustee shall be made a defendant without joining the cestui que trust. The court may appoint an administrator ad !item to represent the estate of a deceased person whose estate is not being administered, and a guardian ad Utem for all defenda11ts who are infants or are under other legal disabilities; and for defendants whose names or addresses are unknown. A copy of the order of appointment shall be served on the guardian ad litem at least 10 days before trial unless he or she has entered an appearance;
Whether any mobile home is located on the property sougllt to be acquired and, if so, whether the removal of that mobile home will be required. If such removal shall be required, the petition shall name the owners of each such mobile home as defendants. This subsection shall not apply to any governmental authority exercising: its power of eminent domain when reasonable re1location or removal e;,qpenses must be paid to mobile home owners under other provisions of law or agency rule applicable to such exercise of power;
A statement that the petitioner has surveyed and located its line or area of construction, and int:ends in good faith to construct the project on or over the described property; and
A demand for relief that t:he property be condemned and taken for the uses and purposes set forth in the petition, and that the interest sought be vested in the petitioner.
Hlstory.-s. 1, ch. 65-369; s. 2, ch. 77-51; s. 358, ch. 95-147; s. 3, ch. 2006-11.

Process; service and publication.-
Upon the filing of the petition, the clerk of the court shall issue a summons to show cause why the property should not be taken, directed "to all whom it may concern," containing the names of all the defendants named in the petition, commanding them and any other persons claiming any interest in the property described to serve written defenses to the petition on a day specified in the summons not less than 28 nor more than 60 days from the date of the summons. A copy of the summons and the petition shall be served upon all resident defendants in the manner provided by law and not less than 20 days before the return day.
If any defendant is alleged to be a nonresident of the state, or if the name or residence of any defendant is alleged to be unknown, or if personal service cannot be had upon any defendant for any other reason, the clerk shall cause a notice to be published at least once each week for 2 consecutive

Page 28

weeks prior to the return day in some newspaper published in the county; provided, however, that if the petitioner be a municipality and a newspaper is published therein, the notice shall be published in such a newspaper. This notice shall contain the names of the defendants to wilom it is directed, a description of the property sought to be appropriated, the nature of the action, and the name of the court in which it is pending. The clerk shaU mail a copy of the summons and the petition to each out-of-state defendant at the address as set forth in the petition. The clerk shall file a certificate of mailing which, together with prnof of publication, shall constitute effective service as though the defendant had been personally served with process within this state.
The failure of any party to receive notice by mail shall not invalidate the proceedings of the court or any order made pursuant to this chapter.
Htstory.-s. 1, ch. 65-369; s. 2, ch. 90-279; s. 359, ch. 95-147.

Offer of judgment.-
This section shall provide the exclusive offer of judgment provisions for eminent domain actions.
The petitioner may serve a defendant with an offer of judgment no sooner than 120 days after the defendant has filed an answer and no later than 20 days prior to trial.
A defendant may make an offer to have judgment entered against defendant for payment of compensation by petitioner only for ari amount that is
under $100,000, and such offer may be served on petitioner no sooner than 120 days after the defendant has filed an answer and no later than 20 days prior to trial.
(4)(a)	The offer of judgment must:
Be in writing;
Settle all pending claims with that party or parties exclusive of attorney's fees and costs;
State that the offer is made pursuant to this section;
Name the parties to whom the offer is made;
Briefly summarize any relevant conditions;
State the total amount of the offer; and
Include a certificate of service.
The offer of judgment must be served in the same manner as other pleadings upon the parties to whom it is made, but may not be filed with the court unless it is accepted or unless filing is necessary to enforce·this section.
The offer of judgment shall be deemed rejected unless accepted by filing both a written acceptance and the written offer with the court W\thin 30 days after service of the offer, or before the triat begins if less than 30 days. Upon proper filing of both the offer and acceptance, the court shall enter judgment thereon. A rejection of an offer terminates the offer.
The party making the offer may withdraw the offer in a writing served on the opposing party before a written acceptance is filed with the court. Once withdrawn in this manner, an offer is void.
An offer of judgment which is rejected or which is withdrawn does not preclude the making of a subsequent offer of judgment; however, any such subsequent offer of judgment shalt automatically void the prior offer of judgment as if the same had neve.r been made.
If a defendant does not accept the offer of judgment made by the petitioner and the judgment obtained by the defendant, exclusive of any interest accumulated after the offer of judgment was initially made, is equal to or less than such offer, then the court s.haU not award any costs incurred by the defendant after the date the offer of judgment was rejected.

If the petitioner rejects the offer of judgment made by defendant and the judgment obtained by defendant, exclusive of any interest accumulated after the offer of judgment was initially made, is equal to or is more than such offer, then the court shall award a reasonable attorney's fee to the defendant based on the factors set forth ins.. 73.092(2) and (3).
At the time an otter of judgment is made by the petitioner, the petitioner shall identify and make available to the defendant the construction plans, if any, for the project 011 which the offer is based.
Evidence of an offer of judgment is admissible only in proceedings to enforce an accepted offer or to determine the costs to be awarded a defendant pursuant to subsection {5) or a reasonable attorney's fee pursuant to subsection (6).
Hlstory.-s. 53, ch. ·90-136; s. 2, ch. 90-303; s. 1, ch. 94-162.

73.041	Acquinng or perfecting title after appropriation.-ln any instance, where the petitioner has not acquired the title to or a necessary interest in any lands which it is using, or if at any time after an attempt to acquire such title or interest, it is found to be defective, the petitioner may proceed under this chapter to acquire or perfect such title or interest; provided, however, that the compensation to be allowed the defendants shall be determined as of the date of appropriation.
History.-s. 1, ch. 65-369.

73.051	Returns; defaults.-Any person interested in or having a lien upon the property, whether named as a defendant or not, may file his or her written defenses to the petition, as a matter of rtght, on or before the return date set in the notice or thereafter by leave of court. If a defendant does not file his or her defenses on or before ttie return date, defaults may be entered against the defendant, but notlning shall prevent any person who is shown by the record to be interested in the property from appearing before the jury to daim the amount of compensation that he or she conceives to be due for the property.
History.-s. 1, ch. 65-369; s. 1, ch. 70-285; s. 27, ch. 73-333; s. 360, ch. 95-147.

73.0511
73.091.

Pre-litigation natice.-Prior to instituting litigation, the condemning authority snail notify the fee owners of statutory rights under s.

Page 29

Hist.ory.-s. 1, en. 87-148.

73.061	Pretrial hearing.-
Prior to the date of trial, the court may hold a hearing, in Umine, to settle all disputed matters properly before it which must be determined prior to trial. Should it appear that the causes of action joined cannot be conveniently disposed of together, the court may order separate trials; provided, however, that any such actions shall be tried in the county in which the lands are located..
The court in which an action in eminent domain is pending shall have jurisdiction and authority over any and all taxes and assessments encumbering the lands involved in such actions, and may stay or defer the enforcement of such taxes and assessments, including all applications for tax deeds, foreclosures and other enforcement proceedings, until final termination of such eminent domain actions. The said court may make such orders concerning such taxes and assessments as may be equitable and proper; provided, however, that ad valorem taxes tevied upon any such lands shall be prorated against the owner to the date of taking.
History.-s. 1, ch. 65-369.

Page 30

Jury trial; compensation; severance damages; business damages.-
(1}	When the action is at issue, and only upon notice and hearing to set the cause for trial, the court shall impanel a jury of 12 persons as soon as practical considering the reasonable necessities of the court and of the parties, and giving preference to the trial of eminent domain cases over other civil actions, and submit the issue of compensation to them for determination, which issue shall be tried in the same manner as other issues of fact are tried in the circuit courts.
The amount of such compensation shall be determined as ,of the date of trial, or the date upor1 which title passes, whichever shall occur first.
The jury shall determine solely the amount of compensation to be paid, which compensation shall include:
The value of the property sought to be appropriated;
Where less than the entire property is sought to be appropriated,. any damages to the remainder caused by the taking, including, when the action is by the Department of Transportation, county, municipality, board, district or other public body for the condemnatjon of a right-of-way, and the effect of the taking of the property involved may damage or destroy an established business of more than 4 years' standing before January 1, 2005, or the effect of the taking of the property involved may damage or destroy an established business of more than 5 years' standing on or after January 1, 2005, owned by the party whose lands are being so taken, located upon adjoining lands owne,dor held by such party, the probable damages to such business which the denial of the use of the property so taken may reasonably cause; any person claiming the right to recover such special damages shall set forth in his or her written defenses the nature and extent of such damages; and
Where the appropriation is of property upon which a mobile home, other than a travel trailer as defined in s. 320.01, is located, whether or not the owner of the mobile home is an owner or lessee of the property involved, and the effect of the taking of the property involved requires the relocation of such mobile home, the reasonable removal or relocation expenses incurred by such mobile home owner, not to exceed the replacement value of such mobile home. The compensation paid to a mobile home owner under this paragraph shall preclude an award to a mobile home park owner for such expenses of removal or relocatioll. Any mobile home owner claiming the right to such removal or relocation expenses shall set forth in Ms or her written defenses the nature and extent of such expenses. This paragraph shall not apply to any governmental authority exercising its power of eminent domain when reasonable removal or relocation expenses must be paid to mobile home owners under other provisions of law or agency rule applicable to such exercise of power.
When the action is by the Department of Transportation, county, municipality, board, district, or other public body for the condemnation of a road, canal, levee, or water control facility right-of-way, the enhancement, if any, in value of the remaining adjoining property of the defendant property owner by reason of the construction or improvement made or contemplated by the petitioner 'Shall be offset against the damage, if any, resulting to such remaining adjoining property of the defendant property owner by reason of the construction or improvement. However, such enhancement in the value shall not be offset agai11st the value of the property appropriated, and if such enhancement in value shall exceed the damage, if any, to the remaining adjoining property, there shall be no recovery over against such property owner for such excess.
Any increase or decrease·in thte·value of any property to be acquired which occurs after the scope of the project for which the property is being acquired is known in the market, and which is solely a result of the knowledge of the project location, shall not be considered in arriving at the value of the property acquired. for the purpose of this section, the scape of the project for which the property is being acquired shall be presumed to be known in the market on or after the condemnor executes a resolution which depicts the location of the project.
The jury shall view the subject property upon demand by any party or by order of the court.
If the jury cannot agree on a verdict the court shall discharge them, impanel a new jury, and proceed with the trial.
History.-s. 1, ch. 65-369; ss. 23, 35, ch. 69-106; s. 1, ch. 7<H83; s. 1, ch. 77-51; s. 19, ch. 79-400; s. 36, ch. 85-180; s. 361, ch. 95-147; ss. 58, 59, ch. 99-385; ss. 56, 57, ch. 2002·
20.

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73.0715	Valuation of electric utility property.-When any person having the right to exercise the power of eminent domain seeks the appropriation of property used for the generation, transmission, or distribution of electric energy, the jury shaH determine solely the amount of compensation to be paid. Such compensation shall include the reproduction cost of the property sought to be appropriated less depreciation, together with going cone:ern value, and, when less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking.
H1story.-s. 2, ch. 82-53.

Mobile home parks; compensation for permanent improvements by mobile home owners.-
When all or a portion of a mobile home park as defined ins. 723.003 is appropriated under this chapter, the corademning authority shall separately determine the compensation for any permanent improvements made to each site. This compensation shall be awarded to the mobile home owner leasing the site if:
The effect of the taking includes a requirement that the mobile home owner remove or relocate his or hei- mobile home from the site;
The mobile home owner currently leasing the site has paid for the permanent improvements to the site; and
The value of the permanent improvements on the site exceeds $1,000 as of the date of taking.
''Permanent improvement" means any addition or improvement to the site upon which a mobile home is located, which addition or improvement cannot be detached and removed from the site without destroying its practical utility at another site. Et capable of removal to another site, compensation for the expense of removal and relocation shall be as provided by law.
A mobile home owner who is the lessee of the site and is required to remove his or her mobUe home as the result of a taking of all or a part of a mobile home park may petition to intervene as a party defendant in proceedings under this chapter, for purposes of asserting his or her right to the separate compensation to be determined and awarded under this section. Failure to intervene shall not constitute a waiver of the right of a mobHe home owner to institute a separate action to recover from a mobile home park owner the compensation awarded to such park owner for the permanent improvements made by the mobile home owner to the site 011 which his or her mobile home is located.
History.-s. 1, ch. 78-31S; s. 4, ch. 84-80; s. 9, ch. 87·224; s. 362, ch. 95•147; s. 1, ch. 2015-90.

Eminent domain procedure with respect to condominium common elements.-
Any other provision of this chapter or any other provision of the Florida Statutes to the contrary notwithstanding, the procedure for the exercise of eminent domain with respect to the taking of a portion of the common elements of a condominium shall comply with the provisions of this section.
With respect to the exercise of eminent domain or a negotiated sale for the purchase or taking of a portion of the common elements of a condominium, the condemning authority shall have the respo11sibility of contacting the condominium association and acquiring the most recent rolls indicating the names of the unit owners or contacting the appropriate taxing authority to obtain the names of the owners of record on the tax rolls. Notification shall be sent by certified mail, return receipt requested, to the unit owners of record of the condominium units by the condemning authority indicating tlhe intent to purchase or take the irequired property and requesting a response from tile unit owner. The condemning authority shall be responsible for the expense of sending notification pursuant to this section. Such notice shall, at a minimum, include:
The name and address of the condemning authority.
A written or visual description of the property.
{c) The public purpose for which the property is needed.
The appraisal value of the property.
A clear, concise statement relating to the unit owner's right to object to the taking or appraisal value and the procedures and effects of exercising that right..

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A clear, concise statement relating to the power of the association to convey the property on behalf of the unit owners if no objection to the taking or appraisal value is raised, and the effects of this alternative on the unit owner.
In the absence of a response by the unit owner withi11 30 days, the unit owner shall be deemed to have acquiesced to the association acting as the unit owner's representative in any subsequent proceeding relating to the parcel at issue. Un,itowners who object to the purchase or taking or the appraisal of value within 30 days after the date the notice is received shall have all of their legal rights preserved with regard to the taking, the appraisal of value, a11d all other rights which appertain to unit ownership. Failure to raise an objection within the 30-day period shall only constitute an acquiescence by the unit owner to the association acting as the unit owner's representative in any subsequent proceeding relating to the parcel at issue and shall not affect any other rights of the unit owner. 111 the event that no unit owners shall so object, the condemning authority may rely upon a power of sale vested in the condominium association. The condemning authority shall only be required to name as defendants, should eminent domain proceedings be necessitated, the association and those owners of units which shall have objected to the taking or appraisal value Within the 30-day period.
It is the intent of the Legislature, through the adoption of this section, to provide a mechanism to either eliminate or minimize the necessity for
naming individual unit owners in eminent domain proceedings for the acquisition of a portion of the common elements of a condominium and the necessity of incidental title searches and legal actions necessitated by naming multiple unit owners as defendants.
Hlstory.-s. 1, ch. 94-336; s. 9, ch. 2008-240; s. 1, ch. 2017-5.

..081	Form of verdict.-The verdict of the jury shall state an accurate description of each parcel of the property sought to be appropriated and the amount to be paid therefor, together with any damage to the remainder caused by the taking and induding business damages when allowable by statute. When severance damages, business damages, moving costs, separate compensation for permanent improvements made by a mobile home owner under s. 73.072, or other special damages are sought, the verdict shall state the amount of such damages separately from the amounts of other damages awarded.
History.-s. 1, ch. 65-369; s. 1, ch. 70-284; s. 2, ch. 78-315.

Costs of the proceedings.-
The petitioner shall pay attorney's fees as provided in s. 73.091 as well as all reasonable costs incurred in the defense of the proceedings in the circuit court, including, but not limited to, reasonable appraisal fees and, when business damages are compensable, a reasonable accountant's fee, to,be assessed by that court. No prejudgment interest shall be paid on costs or attorney's fees.
At least 30 days prior to a hearing to assess costs under this section, the condemnee's attorney shall submit to the condemning authority for each
expert witness complete time records and a detailed stat,ement of services rendered by date, nature of services performed, time spent performing such services, and costs incurred, and a copy of any fee agreement which may exist between the expert and the condemnee or the condemnee's attorney.
In assessing costs, the court shall consider all factors relevant to the reasonableness of the costs, including, but not limited to, the fees pa1d to similar experts retained in the case by the condemning authority or other parties and the reasornable costs of similar services by similarly qualified persons.
In assessing costs ta be paid by the petitioner; the court shall be guided by the amount the defendant would ordinarily have been expected to pay for the services rendered if the petitioner were not responsible for the costs.
The court shall make specific findings that justify each sum awarded as an ex:pert.witness fee.
History.-s. 1, ch. 65-369; s. 2, ch. 87-148; s. 52, ch. 90-136; s. 1, ch. 90-303; s. 2, ch. 94-162; s. 60, oh. 99-385.

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Attorney's fees.-
Except as otherwise provided in this section and s. 73.015, the court, in eminent domain proceedings, shall award attorney's fees based solely on the benefits achieved for the client.
As used in this section, the term "benefits" means the difference, exclusive of interest, between the final judgment or settlement and the last written offer made by the condemning authority before the defendant hires an attorney. If no written offer is made by the condemning authority before the defendant hires an attorney, benefits must be measured fr.om the first written offer after the attorney is hired.
In determinirig attorney's fees, if business records as defined irl s. 73.015(2)(c)2. and kept by the owner in the ordinary course of business were provided to the condemning authority to substantiate the business damage offer ins. 73.015(2)(c), benefits for amounts awarded for business damages must be based on the difference between the final judgment or settlement and the written counteroffer made by the condemning authority provided in
s. 73.015(2)(d).
In determining attorney's fees, if existing business records as defined ins. 73.015(2)(c)2. and kept by the owner in the ordinary course of business were not provided to the condemning authority to substantiate the business damage offer ins. 73.015(2Hc) and those records which were not provided are later deemed material to the determination of business damages, benefits for amounts awarded for business damages must be based upon the differer1ce between the final judgment or settlement and the first written counteroffer made by the condemning authority within 90 days from the condemning authority's receipt of the business records previously not proviided.
(b}	The court may also consider nonmonetary benefits obtained for the dient through ti1e efforts of the attorney, to the extent such nonmonetary benefits are specifically identified by the court and can, within a reasonable degree of certainty, be quantified.
Attorney's fees based on benefits achieved shall be awarded in accordance with the following schedule:
Thirty-three percent of any benefit up to $250,000; plus
Twenty-five percent of any portion of the benefit between $,250,000 and $1 million; plus
Twenty percent of any portion of the benefit exceeding $1 miUion.
In assessing attorney's fees incurred in defeating an order of taking, or for apportionment, or other supplemental proceedings, when not otherwise provided for, the court shalll consider:
The novelty, difficulty, and importar1ce of the questions involved.
The skill employed by the attorney in conducting the cause.
The amount of money involved.
The responsibility incurred and fulfilled by the attorney.
The attorney's time and labor reasonably required adequately to represent the client in relation to the benefits resulting to the client.
The fee, or rate of fee, customarily charged for legal services of a comparable or similar nature.
Any attorney's fee award made under subsection (1).
In determining the amount of attorney's fees to be paid by the petitioner under subsection (2), the court shall be guided by the fees the defendant would ordinarily be expected to pay for these services if the petitioner were not responsible for the payment of those fees.
At least 30 days prior to a hearing to assess attorney's fees under subsection (2), the condemnee's attorney shall submit to the condemning authority and to the court complete time records and a detailed statement of services rendered by date, nature of services performed, time spent performing such services, and costs incurred.
The defendant shall provide to the court a copy of any fee agreement that may exist between the defendant and his or her attorney, and the court must reduce the amount of attorney's fees to be paid by the defendant by the amount of any attorney's fees awarded by the court.

Page 34

History.-s. 1, ch. 76-158; s37, ch. 85-180; s3, ch..87-148; s54, ch.. 90-136; s. 3, ch. 90-303; s. 3, ch. 94-162; s. 1370, ell. 95-147; s. 61,	ch. 99-385.

73.101	Form of judgment.-Tl"le judgment shall recite the verdict in full and shall state that the ,estate or interest in the property described in the petition and sought to be appropriated by the petitioner shall vest in the petitioner upon the payment of, or securing by deposit of money, the amount found by the verdict of the jury. Where there are conflicting claims to the amount awarded for any parcel, the court, upon appropriate motion, shall determine the rights of the inter,ested parties with respect to the amount awarded for each parcel and the method of apportionment, together with the disposition of any other matters arising from the taking.
History.-s. 1, ch. 65-3"9.

73.111	Deposit and possession.-Within 20 days after the rendition of the judgment, the petitioner shall deposit the amount set forth therein into the registry of tile court for the use of the defendants, or the proceeding shatl be null and void, unless for goo,dcause further time, not exceeding 60 days, is allowed by the court. Upon such deposit and the entry in the proper records in time clerk's office of the judgment and the clerk's certlficate that the compensation has been paid into the court, the estate or interest sought shall vest in the petitioner. The court may fix the time within which, and the terms upon which, the defendants shalll be required to surrender possession to the petitioner.
Kistory.-s. 1, ch. 65-369; s3, ch..78-315.

73.121	Writs of assistance and possession.-Whenever the judge is satisfied that any person, whether holding under the defe11dant or not, is preventing or obstructing the petitioner from e/1\tering upon or taking possession of the property after the petitioner is entitled to do so, the judge may grant such writs as he or she may think necessary, or the judge may proc,eed for contempt of court.
Hlstory.-s. 1, ch. 65-369; s363, c.h. 95-147.

73.131	A:ppeals; costs.-
Appeals in eminent domain actions shall be taken in the manner prescribed by law and in accordance with the appellate rules, except U,at an appeal shall not prevent appropriation of the property by the petitioner where the amount awarded by the judgment has been deposited with the court as aforesaid. If, at any time after entry of the judgment, a defendant shall take out of the court the amount due him or her, any pending appeal taken by the defendant shall be dismissed by the appellate court upon the filing of a certificate by the clerk of the circuit court stating that the defendant taking the appeal. has withdrawn the amount due him or her.
The petitioner shall pay all reasonabl,e costs of the proceedings in the appellate court, including a reasonable attorney's fee to be assessed by that court, except upon an appeal taken by a defendant in which the judgment of the lower court shall be affirmed.
History.-s. 1, ch. 65-369; s4, ch..87-148; s364, c.h. 95-147.

73.141	Payment.-
(1) In the event that r,o appeal has been taken w;thin the time and in the manner provided by the Florida Rutes of Appellate Procedure, the clerk shall pay each judgment creditor the sum necessary to satisfy the judgment from the funds on deposit,.and upon order of the court shall refund to the petitioner all the funds not necessary for the satisfaction of the judgment, costs and attorney fees.
{2)	In tile event that a timely appeal is taken and the judgment of the trial court is affirmed, the clerk of the court shall pay each judgment creditor as hereinabove provided.
History.-s. 1, ch. 65-369; s. 1, ch. 69-267.

Page 35

73.151	Railroads and canal companies.-
(1)	Whenever land sought to be condemned to the use of a railroad or canal company is in the possession, under any law of this state, of another railroad or canal company which is using the same in the construction or operation of its railroad or canal, the use of no more land than is necessary to furnish to the petitioner a right-of-way 105 feet in width across such railroad or canal shall be condemned for such use.
,(2)	If it shall be necessary for any railroad company organized under any law of this state to use, for the purpose of its road, any lands over which any other railroad company shall have previously acquired the right-of-way for its road, the right to use such lands may be acquired as in other cases. Such lands shall not be taken in a manner to interfere with the main track of the railroad first estaMished except for crossing, as provided by law.
History.-s. 1, ch. 65-345; s. 1, ch. 65-369.

73.161	Right-of-way for telephone and telegraph over railroad right-of-way.-
lf any telegraph or telephone company fails to s,ecure the consent of any railroad or railway company for the construction of its lines along and upon the right-of-way of any railroad in this state, the same may be acquired by eminent domain. If the defendant railroad or railway company has a principal office or place of business ill this state, and any portion of the right-of-way sought to be condemned extends into the county wherein such principal office or place of business is located, then the eminent domain action shall be had in such county. No map need be filed with the petition, but it shall state about how many poles per mile will be erected on such right-of-way, and about how far from each other, and from the centers of the main track of the railroad, their length and size, the depth they will be planted in the ground, and the amount of land that will be occupied by them. No pole shaU be set at a greater distance than 10 feet from the outer edge of the right-of-way. In such action, the petitioner shall give bond for c.osts in the penalty of $200, payable to the defendant, with surety to be approved by the clerk.
Tlhe judgment shall authorize the petitioner to enter upon the right-of-way of the defendant and construct its lines thereon. Said judgment shall
further provide that such lines shall be constructed so as not to interfere with the operation of the trains of said defendant or any telephone or telegraph line already upon such right-of-way; and, furthermore, that if, at any time, the railroad or railway company shall desire, for railway purposes, the immediate use of any land occupied by said petitioner, then the petitioner shall, upon reasonable notice in writing, at its own expense, remove its line to some other place adjacent thereto 011 such right-of-way so as not to interfere with the track or use of said railway or any telephone or telegraph line a\ready on said right-of-way, and that the said line shalt not be erected on any embankment or slope of any cut of such right-of-way, and if at any time the said railroad or railway company shall require for railroad purposes its entire right-of-way at any point occupied by said line, the said petitioner shall, at such point,, remove said line entirely off such right-of-way.
The telegraph or telephone company by such action shall acquir,e only an easement in and to said railroad right-of-way for the purpose of constructing, maintaining, and operating its telegraph or telephone line thereon, and only the interests of such parties as are brought before the court shall be condemned in such action. If the easement or right-of-way claimed extends in or through more counties than one, the whole right and controversy may be heard and determined in any county into or ttlrough which such right-of-way ,extends, except as herein otherwise provided.
History.-s. 1, ch. 65·369.

Copyright� 1995-2025 The Florida Legislature • Priva£Y3l;atement • Contact Us

FORM 575-030-310 RIGHT OF WAY· 10/17
Pago 1 o/ 2

RON l!>ESANTrS
G VERNO

Flo,'ida Department of Tra11sportation
3400 West C mmercltll 13oulevanl	JARED W. P RVUEl,P.E
fort 1 t1uderd11le, FL 33309	SilCRETAR

December 11, 2025
Sebastian River Improvement District
f/k/a Sebastian River Water Control District f/k/a Sebastian River Drainage District. a Water Control District
Attn: B. Frank Sakuma, Jr., District Manager 2501A Burns Rd.
Palm Beach Gardens, FL 33410

NOTICE TO OWNER

ITEM/SEGMENT#:	2308793
MANAGING DISTRICT: 4
F.A.P. ti:	D424 054 B
COUNTY ROAD#:	609 (82nd Avenue/Ranct, Rd)
COUNTY:	Indian River
PARCEL#:	121/702

Dear Mr. Sakuma:
The Florida Department of Transportation is planning the following improvement of the above referenced transportation facility:	•
New 2 Lane Road Construction - C.R. 609 (82nd Avenue/Ranch Road) from 26th Street to 69th Street

Our research shows you own property needed for this project. This letter, along with the enclosed pamphlet entitled Acquisition Process, explains your rights and options and the process we must follow by law in acquiring your property. The following enclosed documents identify the property that is needed:
Right of Way Map and Legal Description

We recognize that a proposed transportation project, particularly one which requires the acqulsitfon of private property, will usually result in many questions and concerns. Please be assured you will have sufficient time to have your questions answered, to consider and understand your rights, options and responsibilities, and make all necessary arrangements. Throughout this process we will do our best to ensure your questions are answered, that you are treated fairly and receive all of the rights you are guaranteed by law, and that you receive a fair price ror your property.
Under Federal and State law, you are entitled to certain rights and protections when the State must acquire real estate from you. The following is a summary of your rights:

You may obtain copies of the Department's appraisal, right of way maps and construction plans within 15 business days upon request.
We will make a written offer to you to purchase your property and will negotiate with you, in good faith, to reach a mutually acceptable purchase price,
If we cannot agree on a purchase price, we will not file a condemnation lawsuit until at feast 30 days after you receive our initial written offer.
You wllf receive no less than full compensation for the property acquired. Full compensation includes, the value of the real estate acquired together with damages, IF any, to your remaining property.
You may be eUgible for relocation assistance benefits if you are required to move or move personal possessions from the property we acquire.
You may receive reimbursement for reasonable attorney fees and other reasonable costs you incur for appraisal and other service associated with the Department's acquisition.

Your rights and options are more fully explained in the enclosed pamphlet entitled Acquisition Process. We encourage you to read this pamphlet carefully and contact us if you have any questions.

FORM 67S.030,31o
RIGlfT OF WA'V - 10117
Page2ar 2

We want to negotiate with you for the purchase of your property. If you have questions about any aspect of our acquisition process or if you have information that would help us to determine a Fair value for your property or help us provide service to you, please let us know. Regardless of whether we can reach agreement on the purchase of your property, we will do our best to be sensitive and responsive to your needs.
If you experience any problems, please do not hesitate to contact:

Ashleigh J. Schnelder, Consultant Project Manager American Acquisition Group, LLC
5419 SE Redwood Ave.
Stuart, FL 34997
(813) 586-1374

Sincerely,

Carlos Martinez.
District Right of Way Manager By: Zabrina Meneses Consultant Right of Way Agent

Enclosures:

Sketch and Legal Description (and/or right of way map) Acquisition Process Pamphlet
CC: Records Management

Received by: 	 _ Certified Mail Number: 9589 0710 5270 2249 4276 21
Date: 	 _

wv,,,w rrlot,g W I WWW d rd l.<'O 1

PROPERTY OWNER QUESTIONNAIRE
FINANCIAL PROJECT ID: 2308793

Dear Property Owner:

MANAGING DISTRICT:
F.A.P. NO.:
COUNTY ROAD NO.: COUNTY:
PARCEL NO.: ATTENTION:

4
D424 054 B
609 (82nd Avenue/Ranch Rd)
Indian River
121/702
Zabrina Meneses

Please complete the following questions and mail to this office in the enclosed self-addressed envelope.
Are you the owner of the property identified above? 	_
I have sold all 		or part 		of the property to:
Name: 	 _
Address: 	
Emaii Address:	_

Approximate Date Sold:	�

	�	

Other than my spouse, I share ownership of this property with:
Name:
	
Address:	_
Email Address:
Telephone No.: 	 _
Please list the appropriate contact person for this property:
Name and Title: 	 _
Address:
Email Address:	_
Telephone No.: 	 _
Is there an ongoing business on this site? 	_
If yes, who owns the business?
Name: 	 _
Address: 	
EmaiI Address:	_
Telephone No.:	_

Additional Comments: 	 _

Property Owner's Signature

Printed Name & Title

Date

Page 39

American Acquisition Group, LLC 5376 Empire Or.
west:take, FL 33470

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N 00"2,J\...i• E

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TIIIS MAP IS �OT A SURVEY

rllOM sount o:,· JO'l1 STFl!IT TO SOIJnl 06- 1'ff'H $Tlll0

RIGHT OF WAY MA'P

Fl.O.Rltl" Dfl'ART)(9'T 0� l'RAliSl'OilT.onDiN
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Page 46

'l'�-1..Ccij

l!.o.lD Ma.. 5119 l!»ID A�	lliOJ �	-111\i'Ell C.OUNl"i

•·,. INO. �!t•]	51i«T'l10f'il:-II

UNll!fCOIU'OAA'TEO INOIAN RIVER COUKTI'

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TIIIS MAP 15 ,KOT A SIJR.�

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Page 47

RIGHT OF WAY MAP

FLOI\JOA 0EPcA!tTI06NT OF TIIAl<5POllTATIOJf
:SUFlVE'tlNG AKD MAPPING

-oi....  ✓../	�
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.,.=._ ,tlJ..JIIIIOJ.0-C�	SCCDOII NSO-U.10
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-

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fl.N0..2)0t:7,-3	SH� UOf21

UNIMCORPORATED tNO!AJ< RIVE"- COUNTY

SK,. 2"'- ,.,,	Jl:i.�t. pt.
(Mlla:m•SL 

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130

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-

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FLORIDA DEPARTMENT OF TP.ANSP0.ltTAT10N

--�·

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UNtNCORPORATED IN0Wt RIVER COU>IT>"
� 1

TlilS NAP 15 NOT A SURVEY
fllOW sovn,, Of Mni $MEET' TO -sOt..rtJ:I Cf +l"1'I STil.f!T

F,£:l).. �OJ. �	SECTIOH NSO:S-MJ01	;_J:':'�	11.,-

Page 48

RIGHT OF WAY MAP
...._.._,�)�1U:J..OC.ai"

SURVEYIHG AH.D MAP'Pt}IG

�,..,::,._�.

COWCTT &0,1.D NQ.. 609 4:ltll") .1.VVIU,IIOI &D} NXJ,'J,11llN'!. (OUN1Y	,,_� 2)Cfl:t-.J,	SKECr ll<Cl'ZI

UNINCO�PO.ltii,TED IJIDW, RIYB\ COlllfT'i

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us	140
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�tt;IIOtfl:SOC.�Tl)""'CQIU

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t• •n.Pl7,Tn

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Page 49

RIGHT OF W.AY MAP'

S,lJRVEYIN.G AP.l:D M!AP'PtNG

fl.ORIDA 0EPA11T'MEl<T Of TIIANSPORTATION

Fm.P!IIQJ'..�	�	11no:s.-M10,

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Page 50

UNlPilCORPORATE.D lNDlANI RNER C•OUIOY

j�

Sl'C.:U4N.'f'M'.:DS.�»r'
Ql.DiQl.1',iw	

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t SURVEY C:.�. 509 !Uod"VE.I fl,O'l,CII RD.) & SEC. I..INE

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Page 51

.l»a]rl,l'Qfl.GIMMI.IIOTD._�.l"J"C;,.

RIGHT OF WAY MAP

O,,."MAJl'��..,. ..�t,,,OOIII

FLO'.RlDA. IOEPAilnlll:HT OF T'RANSPORTAllON SlfRYEYtNG MilD MAPPIN.G,

UNlNCOI\POAAT6t>lNt>l'IH RIVER COUKTY

iC-GCIIII�

TIIIS MAP IS ·KOT A SURVF!
nt.0,t. so:mt: OF 25™ SP:E£J TOSOUTlf' Of ,1,nt STll«T"
�-PlltOL.042�	S8:J10fllhH'�'Mlll 1--� l""--_,..n,a-..1:..�

C.OOW'lf"I' PioAD tllO.. liD11 IIDIQ ,.�	:rto,J .. Dt.A,X l'lMII. COWfTl' I f,. NO. ZJOtli'-3	5tlEET a or ze

Page 52

1

UJUHC:CnPORATED lN"DlAN RlYER COUNTY	UC:..ll.h..tlC.)4,Tlfl".Jl>.S..1112..:MIC
cu,m ..   ----

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N 00•1r1t:• IE

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190

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11. SUIIVEY C.I\. �09 {82nd AV£./ JW<CH RD.) ,., SEC. lll<E	SK"!\&.�

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Page 53

SU:51«.[T I � R.�L MOl'tS. L.KalO, �

RlGHT OF WAY MAP

FUl�ltJA. DEPA.ilTMEJHT OF TRANSPOllTATION
SURVEYING AKO MA.PPIJiG

-.u...  l..l -	......
--������

UN!NCORPORATED [ND!I.N -�� COUNTY

TlllS MAP IS KO•T A SUIIVFr:
fMtlt SOIIT1t OF lirrt+ ·iD,Ea TO SOUTlt' Of H'IIH S1M£T
--h
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Page 54

Page 55

UfCJHCORPORAlEO tNOlANI RIVER OOUHTT

5'."'-1).C.J4,.	,_;J:IS,.IU.l.:Jal
GIW<iCIIDI-

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Page 56

:SU: :s:icn 11'°'�IIKl'Tn, �lft'C.

RIGHT OF WAY MAP
W£Ui:.,_•�-.e,ul.llQI

-e-::�i-1�11�t-1™10,�n•-•u.•

�=-

1:•I.U.IALUa

FL<>mDA DEPARTMENT OF Til.AHSPOR,TJ\."Jl:ON
SUR-G AIID MAPPING

-r:·  /.L	��

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--�1 .,

UIIINCOl\l'OIIATED IN-OU.N RIVeR, COUNTY	nus -	tS NOT A SURIIEY
f.Ri:1M SOIJn1 QfJ NTH ST"U'T '10 :SOVnt 01t ffrH ST'Ufl

RD. PllOl. 0424--0�B	SECT.l0l!f &D03-2C lO

C·OUWIY llOIU:t INO. �  (allD AVL'llAMOI aD•J INDCoUI llrvtA COUNTY	r�- MO, U0..7'•3	5,r_n U-0, H

UJUJiiCORPORATED INDIAH RIVER COUHTV

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I	Ill CG'"'i08"'2:1.• f

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RIGHT 01' WAY MAP

Fl.o:RJD.a. O:EP.AATM.ENT OF lJlAMSPOR.TATIOlil

UNINOORPOAATSO DiOWi RIVa\ 004JN'TY

.... _,

fflJS NAP IS NOT A SUll'Ja

'=�•....

fllQllt SQVTi1I � 215111, 511t£ET TO SOUffl 01 H111 SJl'£IT"

rm.H.OJ,..,D&J�	se:no,111 •• SO,),.MJO,
IOoC

Page 57

¥.u..�,�-

SWWeYmG A.tro NAPP'JN'.G	.. I!.�

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CotncTI' k-o>.D i.c>- 6" 4ttM0 AVUJVJ40t IMi• l!"X•,HIIU'nll C0UKTT

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UNINCORPORATED INDW< RIVER COUHTY

sei;.11,u_rlL1<1,TW1t.:US.�:str rm-»iN�  	-

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LWUJ"IJIIIQIII:IM to".. ra st:C:..COIO	11. SUIIVE'lf C.R. 609 (82ml 1'.VU ltilNCH R.D.I 6, SEC. UNE	.:..DLW-�SIC.-CCIIL.fa	�

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RIGHT OF WAY MAP

T,ifll		

UKINCORPOIU.TED [NEJLAlN RIVER OOUKTY

TKl5 MAP IS NOT ,,_ SlJllVEY
AtOft SOUTM OF" llfl1l Sllt6iT '1'0 $0!.mt Of' Oni :rntE£T

FED,. HrOJ,. Oct•-os,a.e	:st<:nON .. so�;u;io

Page 58

...-.1':,I��

SlJRVEYING AKI) MAnlllG

---=-·---·

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COQKTT KOAC NO.. AOj, C■ilftl·A�	llOt l.lfCl!l.l&H �	OQUti'TY	,..,,_ HO. DCe:7'-'3	'511Ca .DOf 11,

UH.�CORPORATED INDfAN RIVER C10UNTY	Sl!C. IL&oU.'No?.:E!LIIGL .•  C.
all:IIQI.IM,...	

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In :WUT l ,OIi ClftJIIAL IICttS.�	ClC

RIGHT OF" WAY MAP

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R.-ORfDA OEPAJI.TII.ENT or TRAHSPOfUATIO.N
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UNlN:C-ORi'OltATED lNDlAlil R[V,ER COUNTt
..,

TlllS MAI' IS. NOl A SUIIVEY
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FEl>.PROJ.CMQ:�	�easo:,.zno

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lftiltNCORPORATED �N'.DIAM RNER C.oo.Nrf

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Page 62

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Item Segment No. 2308793 (Section No. 88503-2610)
6-26-2025

Fee Simple Right of Way

Parcel No. 121	County Road 609	Indian River County	Description

A portion of land lying in the East One-Half (E 1/2) of Section 35 and portion of the West One-Half (W 1/2) of Sections 12, 13, 24, 25 and 36, Township 32 South, Range 38 East, Indian River County1 Florida, as shown on Sheets 5-27 of the Florida Department of Transportation Right of Way Map of County Ro3d 609 (82nd Avenue/Ranch Road), Item/Segment No. 2308793, Section 88503-2610, being more particularly described as follows:

Begin at the Southwest corner of sald Section 36, said corner also being on the Baseline of Survey of said County Road 609 (82nd Avenue/Ranch Road), thence North 89°42'51" West along the South line of said Section 35, a distance of 27.02 feet to the beginning of a non-tangent curve concave Southeasterly havJng a chord bearing of North 05"13'32" East; thence Northeasterly along said curve, having a radius of 10,009.00 feet, through a central angle of 01°54' lO", an arc length of 332.37 feet to a point ofreverse cmvature with a curve concave Northwesterly, having a chord bearing of North 03°37'2211 East; thence Northeasterly along said curve, having a radius of 9,889.00 feet, through a central angle of 05°06'29'', an arc length of
881.61 feet to the end of said curve; thence North 01°04'08" East, a distance of 61.24 feet; thence North 00°19'08" East, a distance of 407.48 feet: thence North 00°15'15" West, a distance of
100.00 feet: thence North 00°19'08" East, a distance of 874.44 feet to a point on the South line of the Northwest One-Quarter (NW 1/4) of said Section 36; thence continue North 00°19'08" East, a distance of 946.21 feet; thence North 00°59'14" East. a distance of 300.02 feet: thence
North 00°19'08" East, a distance of 1,407.89 feet to a point on the North line of said Section 36; thence North 00"21'44" East, a distance of 591.48 feet; thence North 00°04'03" West, a distance of 200.01 feet: thence North 00°21'44" East, a distance of 1,867.47 feet to a point on the South line of the Northwest One-Quarter (NW 1/4) of said Section 25; thence continue
North 00°21'44" East, a distance of 332.49 feet; thence North 00°08'49" West, a. distance of
450.02 feet; thence North 00Q21'44" East, a distance of 639.97 feet; thence
North 00°12'38" West a distance of 250.01 feet; thence North 00"21'44" East, a distance of
986.56 feet to a point on the North Jlne of said Section 25; thence North 00°19'14" East, a distance of 294.10 feet; thence North 00°59'20" East, a distance of 300.04 feet: lhence
North 00c.19'14" East, a distance of 1,380.00 feet; thence North 00Q59'20'1 East, a distance of
300.02 feet; thence North 00°19'14" East, a distance of 376•.05 feet to a point on the South line of the Northwest One-Quarter (NW 1/4) of said Section 24; thence continue North 00"19'14" East, a distance of 623.25 feet; thence North 00°20'04" West, a distance of 350.02 feet; thence
North 00<>19'14" East, a distance of 1,677.22 feet to a point on the North line of said Section 24; thence North 00°42'47'1 East, a distance of 150.18 feet; thence North 00°08'25" East. a distance of 1,143.40 feet; thence North 00°42'47" East, a distance of 200.01 feet thence
North 00°08'2511 East, a distance of 1,178.95 feet to a point on the South line of the Northwest One-Quarter (NW 1/4) of said Section 13; thence continue North 00"08'251' East, a distance of 1,201.14 feet; thence North 00°52'10" East, a distance of 550.04 feet; thence

Page 1 of 3

Item Segment No. 2308793 (Section No. 88503-2610)
6-26�2025

Fee Simple Right of Way

ParcelNo.121	County Road 609	Indian River County	Description

North 00"08'25" East, a distance of 599.90 feet: thence North 00°52'00'' East, a distance of
321.55 feet to a point on the North line of said Section 13: thence continue North 00°52'00" East, a distance of 328.53 feet; thence North 00°10'57'' East, a dlstance of 1,750.07 feet; thence
North 00°23'25" West, a distance of 600.03 feet; thence North 00"11'11" East, a distance of
649.24 feet; thence North 00°25'30" West, a distance of 750.04 feet; thence
North 00°11'11" East, a distance of 650.02 feet: thence North 00"23'12" West, a distance of
400.32 feet; thence South 89°48'49" East, a distance of 61.50 feet to a point on the Easterly Existing Sebastian River Improvement District Lateral "C" Canal Right of Way line; thence continue along said Easterly Existing Sebastian River Improvement District Lateral "C" Canal Right of Way llne for the next six (6) courses: (1) South 00°11'11 '' West, a distance of 2,488.93 feet to a point on the South line of the Northwest One-Quarter (NW 1/4) of said Section 12; thence (2) South 00°10'57" West, a distance of 1,319.66 feet: thence (3) North-89°47'28'' West, a distance of 12.50 feet; thence (4) South 00°10'57'' West, a distance of 1,319.63 feet to a point on the No th line of said Section 13; thence (5) South 00"08'2511 West, a distance of 5,345.63 feet to a point on the North line of said Section 24; thence (6) South 00°19'1411West, a distance of 1,275.20 to a point intersecting the Northerly Existing Sebastian River Improvement District
"C-10-E" Canal Right of Way line; thence South 89°07'44" East along said North rly Existing Sebastian River Improvement District "C-10�E" Canal Right of Way line, a distance of 305.57 feet: thence South ooeo19'14" West, a distance of 100.00 feet to a point on the Southerly Existing Sebastian River Improvement District "C-10-E" Canal Right of Way line; thence
North 89°07'4411 West along said Southerly Existing Sebastian Rive1· Improvement District
"C-10-E" Canal Right of Way line, a djstance of 318.07 feet to a point intersecting said Easterly Existing Sebastian River Improvement District Lateral "C" Canal Right of Way line; thence South 00°19'1411 West along said Easterly Existing Sebastian River Improvement Disb'ict Lateral ''C'' Canal Right of Way .line, a distance of 2,550.31 feet to point intersecting the Northerly Existing Sebastian River Improvement "C-11-E" Canal Right of Way line; thence
South 89°10'27" East along said Northerly Existing Sebastian River Improvement "C-11-E" Canal Right of Way line, a distance of 93.50 feet: thence South 00°19'14 ii West, a distance of
100.00 feet to a point on the Southerly Existing Sebastian River Improvement "C-11-E" Canal Right of Way line: thence North 89°1012711 West along said Southerly Existing Sebastian Rlver Improvement "C-11-E" Canal Right of Way l.ine, a distance of 93.50 feet to a point intersecting
said Easterly Existing Sebastian River Improvement Distr.ict Lateral "C" Canal Right of Way line: thence continue along said Easterly Existing Sebastian River rmprovement District Lateral
"C" Canal Right of Way line for the next two (2) courses: (1) South 00°19'14" West, a distance of 1,274.40 feet to a point on the North line of said Section 25; thence (2) South 00°21'44" West, a distance of 1,280.12 feet to a point intersecting the Northerly Existing SebasUan River Improvement "C-12-E" Canal Right of Way line; th nee South 89°17'47'' East along sald Northerly Existing Sebastian River Improvement "C-12-E" Canal Right of Way line, a distance of 272.00 feet: thence South 00°12'3811 East, a distance of 100.00 feet to a point on the Southerly Existing Sebastian River Improvement "C-12-E" Canal Right of Way line; thence

Page 2 of 3

Item Segment No. 2308793 (Section No. 88503-2610)
6-26-2025

Fee Simple Right o Way

Parcel No. 121	County Road 609	Indian River County	Description
North 89°17'47" West along said Southerly Existing Sebastian River Improvement "C-12-E" Canal Right of Way line, a distance of 285.50 feet to a point intersecting said Easterly Existing Sebastian River Improvement DJstrlct Lateral "C" Canal Right of Way line; thence
South 00<>21'44" West along said Easterly Existing Sebastian River Improvement Lateral "C" Canal Right of Way l'ine, a distance of 2,558.89 feet to a po.int intersecting the Northerly Existing Sebastian River Improvement "C-13-E" Canal Right of Way line; thence South 89°29'07" East along said Northerly Existing Sebastian River Improvement "C�13-E" Canal Right of Way line, a distance of 286.80 feet; thence South 00,:,21'44" West, a distance of 100.00 feet to a point on
the Southerly Existing Sebastian River Improvement "C-13-E" Canal Right of Way line: thence North 89°29'07" West along said Southerly Existing Sebaslian River Improvement "C-13-E" Canal Right of Way line, a distance of 286.80 feet to a point intersecting said Easterly Existing Sebastian River Improvement District Lateral "C" Canal Right of Way line; thence along said Eastedy Existing Sebastian River Improvement District Lateral "C" Canal Right of Way line for the next two (2) courses: (1) South 00°21'44"West, a distance of 11279.45 feet to a point on the North line of said Section 36; thence (2) South 00°19'08" West, a distance of 1,277.04 feet to a point intersecting the Northerly Existing Sebastian River Improvement "C-14;-E" Canal Right of Way line; thence South 89°36'40" East along said Northerly Existing Sebastian River Improvement ''C-14-E Canal Right of Way line, a distance of 302.22 feet; thence
South 00°23'20" West, a distance of 100.00 feet to a point on the Southerly Existing Sebastian River Improvement "C-14-E" Canal Right of Way line; thence North 89"36'40" West along said Southerly Existing Sebastian River ltnprovetnent "C-14-E'' Canal Right of Way line, a distance of 302.10 feet to a point intersecting said Easterly Existing Sebastian River Improvement District Latel'al "C'' Cana Right of Way line; thence South 00°19'081' West along said Easterly Existing Sebastian River Improvement District Lateral "C" Canal Right of Way line, a distance of 2,554.10 feet to a point.Intersecting the Northerly Existing Sebastian River Improvement
''C- 5-E'' Canal Right of Way line; thence South 89°39'52" East along said Northerly Existing Sebastian River Improvement "C-15-E" Canal Right of Way line, a distance of 257.99 feet; thence South 00°10'57" West, a distance of 100.00 feet to a poitlt on the Southerly Existing SebasUan River Improvement ''C-15-E'' Canal Right of Way line: thence North 89°39'52" West along said Southerly Existing Sebastian River Improvement ''C-15-E" Canal Right of Way line, a distance of 258.23 feet to a point intersecting said Easterly Existing Sebastian River Improvement District Lat ral "C" Canal Right of Way line; thence South 00°19'08'' West along said Easterly Existing Sebastian River Improvement Disu:ict Lateral ''C'' Canal Right of Way line, a distance of 1,277.06 feet to a point on the South line of said Section 36; thence
North 89"4 l' 11" West along the South line of said Section 36, a distance of 75.00 feel to the
POINT OF BEGINNING.
Containing 25.928 acres, more or less.

Page 3 of 3

[tern Segment No, 2308793 (Section No. 88503-2610)
11-10-2025

Temporary Easement

Parcel No. 702	County Road 609	Indian River County	Descriptjon
A portlon of the West One-Half (W 1/2) of Section 24, Township 32 South, Range 38 East, Indian River County, Florida, said portion lying Easterly of and adjacent to Parcel 121, extending Easterly no more than 25.00 feet between Baseline of Survey Stations 149+04.12 and l49+79.12t as shown on Sheet 15 of the Florida Department of Transportation Right of Way Map for County Road 609 (82nd Avenue/Ranch Road), Item/Segment No. 2308793, Section 88503-2610, being more particularly described as follows:
Containing 1,875 square feet, more or less.
A temporary easement for the purpose of demolition and removal and/or cutting, refacing and modifying of improvements that are partially on the area of Parcel 121 and partially on the remaining property area, and any work incidentaJ to said activities and to tie-in and harmonize said property with the construction to be undertaken for the project.
This ea ement includes the right to iniress and egress, occupy, posse	and control the property for the stated purposes, and to stage equipment for the stated plll'poses. By this easement, the Florida Department of Transportation is hereby authorized to apply for any and all necessary permits and/or approvals to accomplish the stated purposes.
This asement shall expire upon the completion of the work described herein but not later than the last day of March, 2028.

Page I of I

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
REPRESENTATIVE AUTHORIZATION

576-030-02
RIGHT OF WAY
2120

Addrtu ol '"" Dlolricl or S•loll• o�,. Whore Iha·•�lod tonn wtl1bl IUl>ITlltod.
Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421

ITEM/SEGMENT NO.: MANAGING DISTRICT:
F.A.P. NO.:
COUNTY ROAD NO.; COUNTY:
PARCEL NO.:

 2308793	
 4	
 D424054 B	
609 (82nd Avenue/Ranch Road)
 Indian Rlver	
 121/702	

/1.ttention: Christina Brown, Deputy Right of Way Manager• Production Services Dear FOOT Right of Way Manager:
This is to advise you that I hereby authorize		
of 	

who was hired by rnr;i as of				to (Indicate extent of authorization by marking one or both boxes as applicable): (date)

D Represent me in all future dealings in the above referenced project and parcel(s).
D Accept service of process in my behalf concerning any legal proceedings In eminent domain which may ensue.

OWNER(S)/TENANT(S):

Signature	Date	Signature	Date

Printed Name

This is to advise you that I am authorized to represent

of
capacity(ies) set forth above. I CJ am C] am not a member of the Florida Bar.  gJ I will accept service of process.

in the

NOTE:: This document must be notariied if the agent Is not_a member of the Florida Bar but Is authorized to accept service of process.

STATE OF FLORIDA
COUNTY OF 	_	Representative Signature	Date

Representative Printed Name
The foregoing Instrument was acknowledged before me by means or
D physical presence or D online notarization, this 	day
of�------------ 	by		
	 as _   ,.,....-,-..,,....,,..,.-- for		
(Neme Qf p0r�n)	(Type qf oulMrlly)

(Nomo orparty on behett ol whom lnslrurnenl Wiis GX8CIJl8G)

Slgnalure of Notary Public - Stale of Florido

Representative Address

Phone: 	 _ Email: ------------�---

Print, Type, or Stamp Commluloned Name of Notary Public
Personally Known 		OR Produced Identification 		_
_Type of ldenlificaUon Produced 	 _

ST.A.TE OF l'LORIOA OEPAl'lfMENT OF TAANSl"ORTATION
REPRESENTATIVE AUTHORIZATION

67�.030-02
RIGHT OF WAY
2120

INSTRUCTIONS FOR COMPLETION OF THE
REPRESENTATIVE AUTHORIZATION (FORM 575-030-02)

If"' property owner or business owner chooses to be represented by an agent during negotiation, including service of legal process, a written author�zation, to Include the information on this form must be provided by the owner or the owners agent lo the Department pnor lo the Department's negotiation of the parcel with tt,e authorized representative.

DATE AND INSIOE ADDRESS:

PROJECT/PARCEL IDENTIFICATION:

ATTENTION:
TOP PORTION OF THE FORM:

LOWER PORTION OF FORM;

NOTARY SECTION:

Space Is available for the form preparer to provide the inside address of the district or satellita office where the completed form will be submitted.
The following information can be located in the legal documents ;md/or right of way maps for each project and Is required on official Department forms:
Item/Segment No.
Managing District
F.A.P. No.
State Road No, County
Parcel No.

Provide the agent or individual's name responsible for negotiation of the parcel. The form provides space for the following Information to be provided by the owner;
The name of representativeand reptesentative's firm name, if applicable. Date representative was hired.
Check box for capacity of representation. Owner/Tenant signature and date of authorization. Owner/Tenant's printed or typed name.
The form provides space for the following Information to be provided by the representative:
Name of property or business owner and firm name, If applicable.
Check box indicating whether representative,is a member of the Florida Bar.
Check box Indicating whether representative Will accept se,vice of process. Representative's signature and date of acceptance.
Representative's address for negotiations and service of process. Representative's telephone number.
If the representative is not a member of the Florida Bar, the notary section must be
completed by a notary.

STATE OF FlORIDA DEPARTMENT OF TRANSPORTATION
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER

575•030-27
RIGlifOF WAY
10/16

Sebastian River Improvement District
f/k/a Sebastian River Water Control District f/k/a Sebastian River Drainage District, a Water Control District
Attn: B. Frank Sakuma, Jr., District Manager
2501A Burns Rd,
Palm Beach Gardens, FL 33410

ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A.P. NO.:
COUNTY ROAD NO.: COUNTY:
PARCEL NO.:

2308793	
4	
D424 054 B	
609 (82nd Avenue/Ranch Road)
Indian River	 121/702	

The Florida Department of Transportation will be acquiring, or has acquired property owned by you for a transportation project or will be processing a payment to you related to the above referenceq parcel. Federal regulations require that we report this transaction to the Internal Revenue Service (IRS), therefore we must obtain your correct Taxpayer Identification Number (TIN).
If you fall to furnish your correct TIN you may be subject to an IRS penalty. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
See the attached instruction for how to enter names and TINs. If you have any questions please let us know.

a1ne

Business ame, i d1 ere_nt rom above

ep . or su1 e no.

Sole Owner

□ Not Applicable (Vendor Only)

□ Part Owner with 		¾ interest

TAXPAYER IDENTIFICATION NUMBER (TIN)
For individuals, this is your social security number (SSN):

For other entities, it is your employer identificationnumber (EIN):
If you do not have a TIN, see attached instructions for How to get a TIN. Below. choose one number that accurately describes the business or the Individual.
01·CORPORATION, PROFESSIONAL ASSOCIATION OR PROFESSIONAL.CORPORATION
{A corporation formed under the laws of any state within the United states.)
0 2 • NOT FOR PROFIT CORPORATION (Section 501(c)(3) Internal Revenue Code)
0 3 - PARTNERSHIP, JOINT VENTURE, ESTATE, TRUST OR MULTIPLE MEMBER LLC
0 4 - INDIVIDUAL, SOLE PROPRIETOR, SELF EMPLOYED OR SINGLE MEMBER LLC
5. N0NC0RP0RATE RENTALAGENT
6. GOVERNMENTAL ENTITY (City, County, State or U.S. Government)
0 7 • FOREIGN CORPORATION OR ENTITY (A foreign entity formed under the laws of a country other than the United States.) If YES Is marked below, complete and attach Form W-8ECI.
Is Income effectively connected with business in the United States?	D YES D NO
D 8 • N0NRESI0ENT ALIEN (An individual temporarily in the U.S. who is not a U.S. citizen or resident.)

CERTIFICATION
Under penalties of J?�rjury, I certify that the !'umber shown on this form is my correct taxpayer Identification
number (or I am wa1t1ng for a number to be issued to me).

Sign Here

�

Date		

TitIe 	 Email (optional)	�-

STAT!! OF FLORIDA DEPARTMENT OF TRANSPORTATION
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER

575-030,27
RIGf-!TOFWAY
10/18

Instructions for
Names and Taxpayer Identification Numbers

Individuals should enter the name shown on your social security card. If you have changed your last name due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name.
Married Couples should give the name and SSN of either person.
Custodian Accounts (Guardianship) must give the ward's name and SSN. Do not furnish the TIN of the guardian.
For a Trust Account that is not a legal or valid trust under state law, give the name and SSN of the actual owner.
Limited Liability Company (LLC) - If a single-member LLC (including a foreign LLC with a domestic owner) disregarded as an entity separate from its owner under Treasury regulations section 301.7701-3, enter the owner's . name on the "Name" line and enter the LLC name on the "Business Name" line. You may use either your SSN or EIN. If the LLC is a corporation, partnership, etc., enter the entity's EIN.
For a Sole Proprietor or a Single-Owner LLC enter your individual name as shown on your social sec;urity card. Y�u may enter your busi.ness, trade, or "doing business as {DBA) name on the ''Business name" line. You may enter either your SSN or EIN (1f you have one). The IRS prefers that you use yourSSN.
For a Valid Trust, name the trust and give the EIN for the trust Do not furnish the TIN of the trustee.
For an E$tate, the name should be shown as "The estate of (name of decedent)". Give the SSN of the decedent if he/she died in the calendar year of the closing. Give the EIN for the estate for any subsequent years following the death of the decedent. Do not furnish the TIN of the personal representative.
For an Association, Club, Religious, Charitable, Educational, or other tax-exempt organi�ation, give the name and EIN of the organization.
For a Partnership or Multi-Member LLC give the name and EIN for the partnership, or LLC.
If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-6, Application for a Social Security Card, from your local Social Security Administration office or by calling 1-800•772-1213. Use Form W�7, Application for l_�S l_ndividual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, ApplicatiC!n for Employer ldent1f1cation Number, to apply for an EIN. You can get Forms W�7 and SS-4 from the IRS by calling 1-800-TAX-FORM (1-800-829-3676) or from the IRS Web Site at www.lrs.gov.
If you do not have a TIN, write "Applied For" in the space for the TIN, sign and date the form. Note: Writing "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon.

575.()31}.12
RIGHT OF WAY
OGC-CM/22

RON0ESi\N'
, VER OR

Florida Department of Transportation

JARED W. PERDUE, P.E. SEC ETARY

Donation of Property to the Florida Department of Transportation

Sebastian River Improvement District
f/k/a Sebastian River Water Control District f/k/a Sebastian River Drainage District, a Water Control District
Attn: 8. Frank Sakuma, Jr., District Manager
2501A Burns Rd.
Palm Beach Gardens, FL 33410

ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A.P. NO.:
COUNTY ROAD NO.: COUNTY:
PARCEL NO.: INTEREST CONVEYED:

;;;.;23;;;_;;0;.;;.8.;..79;;,..:3a......	 _
4	
 D424 054 B	
609 (82ne1 Avenue/Ranch Road) Indian River	  121	
Fee Simple

This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation.
The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below.

Owner's Signature

Type or Print Property Ow-rier's Name

Sebastian River Improvement District f/k/a Sebastian River Water Control District f/k/a Sebastian River Drainage District, a Water Control District

2501A Burns Rd.

Street Address
Palm Beach Gardens, FL 3341o

Cfty1 State, Zip Code

Date

575-030-12
RIGHTOFWA.Y
OGC-04122

RON Dli: ANTIS
GOVERNOR

Florida Department of Transportation

JARED W. PERDUE, P.E.
SECRETARY

Donation of Property to the Florida Department of Transportation
ITEM/SEGMENT NO.:	2308793

Sebastian River Improvement District
f/k/a Sebastian River Water Control District f/k/a Sebastian River Drainage District, a Water Control District
Attn: B. Frank Sakuma, Jr., District Manager 2501A Burns Rd.
Palm Beach Gardens. FL 33410

MANAGING DISTRICT:
F.A.P. NO.;
COUNTY ROAD NO.: COUNTY:
PARCEL NO.: INTEREST CONVEYED:

-'-'-"""-'-----------
4	
0424 054 B	
609 (82nd Avenue/Ranch Road} Indian River	 702	
Temporary Easement

This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation.

The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights; I hereby waive those rights unless otherwise noted below.

Owner's Signature
Sebastian River Improvement District f/k/a Sebastian River Water Control District f/k/a Sebastian River Drainage
District, a Water Control District
Type or Print Property Owner's Name
25O1A Burns Rd.

Street Address
Palm Beach Gardens, FL 3341O City, State, Zip Code

Date

Sebastian River Improvement District

STATE OF FLORIDA O PARTMENT OFTRANSPORTATION
STATEMENT OF OFFER
ITEM/SEGMENT NO.:

576-030-08
RIGHT OF WAY
06123

2308793	

f/k/a Sebastian River Water Control District f/k/a Sebastian River Drainage District, a Water Control District
Attn: B. Frank Sakuma, Jr., District Manager 2501A Burns Rd.
Palm Beach Gardens, FL 33410 Dear Mr. Sakuma:

DISTRICT:
FEDERAL PROJECT NO.: COUNTY ROAD NO.: COUNTY:
PARCEL NO.:

4	
 D424 054 B	
69_9 '82nd Avenue/Ranch Rd). Indian River
121	

As you are probably aware, the State of Florida Department of Transportation is in the process of acquiring the needed right of way for the above referenced facility. A determination has been made that either a part or all of your property will
be needed. A search of the Public Records of the County in which this property is situated has been made and it was determined that property is owned by you.
The interest being acquired in your property is: Fee Simple

In addition, the following list will identify the buildings, structures, fixtures, and other improvements which are considered to be a part of the real property acquired, or personal property being acquired, if any: NIA
The following items were excluded: NIA
You are further advised that the Department's offer of just compensation for the property required for the construction of this facility is based on the Fair Market Value of the property and that the Department's offer to you is not less than the approved appraised value of the property.
The following represents a summary of the Department's offer to you and the basis therefore:

Land	$ 1,555.700.00	
Improvements	$ 0.00	
Real Estate Damages	$5,400.00	
Total	$ 1,561.100.00	
This Statement of Offer is not a contract; if you agree to accept this offer, you will be required to sign a purchase agreement. Any additional information you may require can be obtained through the Department's Representative that contacted you. If that representative is not readily available, please contact:
Ivana Robinson, Acquisition & Relocation ,8.dmi!li§_trator at (954) 777- 4236 or ivana.robinson@dot.state.fl.us.

Sincereluy,J Carlos Martinez

u\4,�

District Right of Way Manager By: Zabrina Meneses Consultant Right of Way Agent

	Zabrina Meneses			 		
Delivered By		Type or Print Name		Date	
Receipt Acknowledged By		Type or Prmt Name		Date	

Sebastian River Improvement District

STATE OF FLORIDA DEPARTMENT OF TRANSl'ORT!\TION
STATEM!NT OF OFFER
ITEM/SEGMENT NO.:

576-030-08
RIGHT OF WAY
06123

2308793	

f/k/a Sebastian River Water Control District f/k/a Sebastian River Drainage District, a Water Control District
Attn: B. Frank Sakuma , Jr., District Manager 2501A Burns Rd.
Palm Beach Gardens, FL 33410 Dear Mr. Sakuma:

DISTRICT:
FEDERAL PROJECT NO.: COUNTY ROAD NO.: COUNTY:
PARCEL NO.:

4	
D424 054 B	
609 (82nd Avenue/Ranch Rd)
In.d1an River
702	

As you are probably aware, the State of l=lorida Department of Transportation is in the process of acquiring the needed right of way for the above referenced facility. A determination has been made that either a part or all of your property will be needed. A search of the Public Records of the County in which this property is situated has been made and it was determined that property is owned by you.
The interest being acquired in your property is: Temporary Construction Easement

In addition, the following list will identify the buildings, structures, fixtures, and other improvements which are considered to be a part of the real property acquired, or personal property being acquired, if any: N/A
The following items were excluded: NIA
You are further advised that the Department's offer of just compensation for the property required for the construction of this facility is based on the Fair Market Value of the property and that the Department's offer to you is not less than the approved appraised value of the property,
The folloWir)g represents a summary of the Department's offer to you and the basis therefore:

Land	$ 300.00	
Improvements	$ 0�00	
Real Estate Damages	$ 0.00	
Total	$ 300.00	
This Statement of Offer is not a contract if you agree to accept this offer, you will be required to sign a purchase agreement. Any additional information you may require can be obtained through the Department's Representative that contacted you. If that representative is not readily available, please contact:
Ivana Robinson, Ac_gui_sjtion & Relocation Administrator at (954) 777- 4236 or ivana.robinson@dot.stateJl.us.
Sincerely, -
v�-
carlos Martinez
District Right of Way Manager By: Zabrina Meneses Consultant Right of Way Agent

	Zabrina Meneses			 		
Delivered By		Type or Print Name		Date	
Receipt Acknowledged By		Type or Print Name		Date	

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PURCHASE AGREEMENT

ITEM SEGMENT NO.: DISTRICT:
FEDERAL PROJECT NO.: COUNT--Y ROAD NO.: COUNTY:
PARCEL NO.:

575-030-07s RIGHT OF WAY O13C-0J/24
Pago 1 of4

 2308793	
4	
D424 054 B	
609 (82nd Avenue/Rt:ui�h Road} Indian River
 21	

Sebastian RLver Improvement District f/k/a Seba.stian River Water Control District f/k/a Sebasl),ao,_River

Seller:
Drainage Disitict. a Water Control District

Buyer: State of Florida, Department of Transportation

Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the
following terms and conditions:

I.

Description of Property:
Est13te Being Purchased: rzl Fee Simple	D Permanent Easement	D Temporary Easement	D Leasehold
Real Property Described As: .:S.::::.ee=--=E""-xh""'i""'bi,.,_t...,_"A.._"	 _

Personal Property: ""'N.,;./A.....,	_

Outdoor Advertising Structure(s) Permit Number(s): ,..Na,;,./A..,	 _
Buildings, Structures, Fixtures and Other Improvements Owned By Others: .,_,N"""/A..,	_ These items are NOT included in this agreement. A separate offer is being, or has been, made for these items.

II.	PURCHASE PRICE		
	(a)	Real Property
Land	1.  $ 1,555,700.00	
	Improvements	
2. $ 0.00 		
	Real Estate Damages (Severance/Cost-to-Cure)	3.  $ 5,400.00	
	Total Real Property	4.  $ 1,561,100.00	
	(b)	Total Personal Property	5	$  0.00		
	(c)	Fees and Costs
Attorney Fees	6.  $ 0.00		
	Appraiser Fees	7. $ 0.00		

	 		Fee(s)	8. $ �0-c;a.0.:a..0		
	Total Fees and Costs		9. $ .0....-00		
(d)	Total 81,1$lness Damages		10. $ .0 =.00.._- 		
(e)	Total of Other Costs
List: 	_		11. s o=.o�o		

Total Purchase Price	(Add Lines 4, 5, 9, 10 and 11)
Total Global Settlement Amount
Portion of Total Purchase Price or Global Settlement Amount to be paid to Seller by Buyer at Closing
Portion of Total Purchase Price or Global Settlement Amount to be paid to Seller by Buyer upon surrender

$1,561;100.00
$ 1,561.100.00
$ 0.00

of possession or 	 _

Ill.
(a)

Additional Terms
Seller is responsible for all taxes due on the property up to, but not including, the day of closing.

575-0$0.078
RIGHT OF WAY
OGC-03/24
Page 2 ci�

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(I)

Seller is responsible for delivering marketable title to Buyer. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those exceptions that are acceptable to Buyer. Seller shall be liable for any encumbrances not disclosed in the public records or arising after closing as a result of acttons of the Seller.
Seller shall maintain the property described in Section I of this agreement until the day of closing. The property shall be maintained in the same condition existing on the date of this agreement, except for reasonable wear and tear.
Any occupancy of the property described in Section I of this agreement by Seller extending beyond the day of closing must be pursuant to a lease from Buyer to Seller.
The property described in Section I of this agreement is being acquired by Buyer for transportation pur-poses under threat of condemnation pursuant to Section 337.25 Florida Statutes.

Pursuant to Rule 14-10.004, Florida Administrative Code, Seller shall deliver completed Outdoor Advertising Permit Cancellation Form(s), Form Number 575-070�12, executed by the outdoor advertising permit holder(s) for any outdoor advertising structure(s) described in Section I of this agreement and shall surrender, or account for, the outdoor advertising permit tag(s) at closing.
Seller agrees that the real property described in Section I of this agreement shall be conveyed to Buyer by conveyance instrument(s) acceptable to Buyer.
Seller and buyer agree that this agreement represents the full and final agreement for the herein described sale and purchase and no other agreements or representations, unless incorporated into this agreement, shall be binding on the parties;

Other:

(j)

IV.

Seller and Buyer agree that a real estate closing pursuant to the terms of this agreement shall be contingent on delfvery by Seller of an executed Public Disclosure Affidavit in accordance with Section 286.23., Florida Statutes.
Closing Date

The closing will occur no later than 60 days after Final Agency Acceptance.

Typewritten or Handwritten Provisions

Any typewritten or handwritten provisions or terms inserted into or attached to this agreement as addenda must be initialed by both Seller and Buyer, to indrcate acceptance by both.
D There rs an addendum to this agreement. Page_	 is made a part of this agreement.
t8I There is not an addendum to this agreement.

Acknowledgement of Final Agency Acceptance Required; Signatures

575,030-0711
RIGHT OF WAY OGC-0312.d
Pagit3or4

Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their
acceptance of this agreement as a binding real estate contract.
It is mutually acknowledged that this Purchase Agreement is subject to Final Agency Acceptance by Buyer pursuant to Section 119,0711, Florida Statutes. A closing shall not be conducted prior to 30 days from the date this agreement is signed by Seller and Buyer to allow public review of the transaction. Final Agency Acceptance shall not be withheld by Buyer absent evidence of fraud, coercion, or undue Influence involving this agreement. Final Agency Acceptance shall be evidenced by the signature of Buyer in Section VII of this agreement.

Seller(s)	Buyer

Signature

Type or Print Name

Date

State of Florida Department of Transportation

BY:
Signature

Date

Signature	Date	Type or Print Name and Title Type or Print Name

FINAL AGENCY ACCEPTANCE

The Buyer has granted Final Agency Acceptance this 		day of 	 .

Signature	Type or Print Name and Title

LegalReview: ----------------------------�---��-
Date

Type or Print Name and Tille

SELLER(S):

ADDITIONAL SIGNATURES

576-030-07
RIGHT OF WAY
OGC-03/.'24
Page4 of 4

	
Signature	Date	Signature	Date

Type or Print Name	Type or Print Name

Signature	Date	Signature	Date

Type or Print Name	Type or Print Name

Signature	Date	Signature	Date

Type or Print Narne	Type or Print Name

Signature	Date	Signature	Date

Type or Print Name	Type or Print Name

Signature	Date		Signature	Date	
Type or Print Name			Type or Print Name		

Exhibit "A"

Item Segment No. 2308793 (Section No. 88503-2610)
6-26-2025

Fee Simple Rlght of Way

Parcel No. 121	County Road 609	Indian River County	Description

A portion of land lying in the East One-HaJf (E 1/2) of Section 35 and portion of the West One-Half 0N 1/2) of Sections 12, 13, 24, 25 and 36, Township 32 South, Range 38 East, Indian River
County, Florida, as shown on Sheets 5-27 of the Florida Department of TransportaUon Right of Way Map of County Road 609 (82nd Avenue/Ranch Road), Item/Segment No. 2308793, Section 88503-2610, being more particularly described as follows:

Begin at the Southwest corner of said Section 36, said corner aJso being on the Baseline of Survey of said County Road 609 (82nd Avenue/Ranch Road), thence North 89Q42'51" West along the South line of said Section 35, a distance of 27.02 feet to the beginning of a non-tangent curve concave Southeasterly having a chord bearing of North 05°13'32" East; thence Northeasterly along said cmve; having a radius of 10,009.00 feet, through a central angle of 01°54'10\ an arc length of 332.37 feet to a point ofreverse curvature with a curve concave Northwesterly, having a chord bearing of North 03°37'22" East; thence Northeasterly along said curve, having a radius of 9,889.00 feet, through a central angle of 05°06'29", an arc length of
881.61 feet to the end of said curve; thence North 01°04'0811 East, a distance of 61.24 feet; thence North 00°19'08" East; a distance of 407.48 feet: thence North 00°15'15" West, a distance of
100.00 feet; thence North 00° J9'08" East, a distance of 874.44 feet to a point on the South line of
the Northwest One-Quarter (NW 1/4) of said Section 36; thence continue North 00°19'08 ,; East. a distance of 946.21 feet: thence North 00°59'14" East, a distance.of 300.02 feet; thence
North 00"19'08'1 East; a distance of 1,407.89 feet to a point on the North line of aid Section 36; thence North 00°21'44 '' East, a distance of 591.48 feet; thence North OOQ04'03" West. a dislance of 200.01 feet; thence North OOQ21'44" East, a distance of 1,867.47 feet to a point on the South line of the Northwest One&Quarter (NW 1/4) of said Section 25; thence continue
North OOQ21'44" East, a distance of 332.49 feet; thence North 00°08'49'' West, a distance of
450.02 feet; thence North 00°21'44" East. a distance of 639.97 feet; thence
North 00°12'38" West, a distance of 250.01 feet; thence North OOQ21'44" East, a distance of
986.56 feet to a point on the North llne of said Section 25; thence North 00°19'14" East, a distance of 294.10 feet; thence North 00°59'20" East, a distance of 300.04 feet; thence
North 00°19'14" East, a distance of 1,380.00 feet; thence North 00°59'20" East, a distance of
300.02 feet; thence North 00°19'14" ast. a distance of 376.05 feet to a point on the South line of the Northwest One-Quarter (NW 1/4) of said Section 24; thence continue North 00°19'14'' East, a distance of 623,25 feet; thence North 00°20'04'' West, a distance of 350.02 feet; thence
North 00°19'14" East, a distance of 1,677.22 feet to a point on the North Jine of said Section 24; thence North 00°4Z147" East, a distance of 150.18 feet; thence North 00°08'25" East, a distance of 1,143.40 feet; thence North 00"42'47" East, a distance of 200.01 feet; thence
North 00°08'25" East, a distance of 1,178.95 feet to a point on the South line of th Northwest One-Quarter (NW 1/4) of said Section 13; thence continue North 00"08'25" �ast, a distance of 1,201.14 feet: thence North 00°52'10'' East, a distance of 550.04 feet: thence

Page 1 of 3

[tern Segment No. 2308793 (Section No. 88503-2610)
6-26-2025

Fee Simple Right of Way

Parcel No. 121	County Road 609	Indian River County	Description

North 00°08'25" East. a distance of 599.90 feet; thence North 00°52'00" East, a distance of
321.55 feet to a point on the North line of said Section 13; thence continue North 00°52'00" East, a distance of 328.53 feet: thence North 00°10'57'' Ea t, a distance of 1,750.07 feet; thence
North 00°23'251' West. a distance of 600.03 feet; thence North 00°11'11" East, a distance of
649.24 feet; thence North 00°25'30'' West, a distance of 750.04 feet; thence
North 00°11'11" East, a distance of650.02 feet; thence North 00°23'12" West, a distance of
400.32 feet; thence South 89°48'49" East, a distance of 61.50 feet to a polnl on the Easterly Existing Sebastian River 1mprovement District Lateral "C" Canal Right of Way line; thence continue along said Ea terly Existing Sebastian River Improvement District Lateral "C" Canal Right of Way Une for the next six (6) courses: (1) South 00°11'11" West, a distance of 2,488.93 feet to a point on the South line of the Northwest One-Quarter (NW 1/4) of said Section 12; thence (2) South 00°10t57" West, a distance of 1,319.66 feet; thence (3) North 89°4t28" West, a distance of 12.50 feet; thence (4) South 00°10'57" West, a distance of 1,319.63 feet to a point on the North line of said Section 13; thence (5) South 00°08'25" West, a distance of 5,345.63 feet to a point on the North line of said SecUon 24; thence (6) South 00°19'14" West, a distance of 1,275.20 to a point intersecting the Northerly Existing Sebastian River Improvement District
"C-10-E" Canal Right of Way line: thence South 89°07'4411 East along said No11berly Existing Sebastian River Improvement District ''C-10-E" Cana] Right of Way line, a distance of 305.57 feet; thence outh 00"19'14" West, a distance of 100.00 feet to a polnt on the Southerly Existing Sebastian River Improvement District "C-10-E'' Canal Right of Way line; thence
North 89°0T44" West along said Southerly Existing SebasUan River Improvement District
"C-10-E" Canal Right of Way line, a distance of 318.07 feet to a point intersecting said Easterly Existing Sebastian River Improvement District Lateral "C'' CanaJ Right of Way line; thence South 00°19114'' West along said Easterly Existing Sebastian River Improvement Di trict Lateral
"C'' Canal Right of Way line, a dlstance of 2,550.31 feet to point intersecting the Northerly Existing Sebastian Riverlmprovement "C-11-E" Canal Right of Way line: thence
South 89°10'27" East along said Northerly Existing Sebastian River Improvement "C-11-E" Canal Right of Way line, a distance of 93.50 feet; thence South 00°19'14" West, a di lance of
100.00 feet to a point on the Southerly Existing Sebastian River Imp ovement "C-11-E" CanaJ Rlght of Way Hne: thence North 89"10'27" West along said Southerly Existing Seba Uan River Improvement "C-11-E" Canal Right of Way line, a djstance of 93.50 feet to a point intersecting said Easterly Existing Sebastian River Improvement Di trict Lateral "C" Canal Right of Way line: thence continue along said Easterly Existing Sebastian Rivel' Improvement Di trict Lateral "C" Canal Right of Way line for the next two (2) courses: (1) South 00°19'14" West, a distance of 1.274.40 feet to a point on the North line of said Section 25; thence (2) South 00°21'44'' West, a dJstance of 1,280.12 feel to a point intersecting the Northerly ExisUng Sebastian Rlver Improvement "C-12-E" Canal Right of Way line; thence South 89°17'47" East along said Northerly Existing Sebastian River Improvement ''C-12-E" Canal Right of Way line, a distance of 272.00 feet; thence South 00°12'38" East, a distance of 100.00 feet to a point on the Southerly Existing Sebastian River Improvement "C-12·E'' Canal Right of Way line; thence

Page 2 of 3

Item Segment No. 2308793 (Section No. 88503-2610)
6-26-2025

Fee Simple Right of Way

Parcel No. 121	County Road 609	Indian River County	Description
North 89°17'47" West along said Southerly Existing Sebastian River Improvement "C-12-E" Canal Right of Way line, a distance of 285,50 feet to a point intersecting said Easterly Exi Ung Sebastian River Improvement District Lateral ''C" Canal Right of Way line; thence
South 00°21144" We t along said Easterly Existing Sebastian River Improvement Lateral "C" Canal Right of Way line, a di.stance of 2,558.89 feet to a point intersecting the Northerly Exi ting Sebastian River Improvement "C-13-E" Canal Ri.ght of Way line; thence South 89°29'071' East along said Northerly Existing Sebastian River Improvement "C-13-E" Canal Right of Way line, a di tance of 286.80 feet; thence South 00°21'44" West, a distance of 100.00 feet to a point on
the Southerly Existing Sebastian River Improvement ''C-13-E" Canal Right of Way line: thence North 89°29'07'' West along said Southerly ExisUng Sebastian River Improvement "C-13-E" Canal Right of Way line, a distance of 286.80 feet to a point intersecting said Ea tetly Existing Sebastian River Improvement District Lateral "C" Canal Right of Way line: thence along said Easterly Existing Sebastian River Improvement District Lateral "C'; Canal Right of Way line for the next two (2) cour es: (1) South 00°21'44"West, a distance of 1,279.45 feet to a point on the North line of said Section 36; thence (2) South 00°19'08" West, a distance of 1,277.04 feet to a point intersecting the Northerly Existing Sebastian River Improvement "C-14-E" Canal Right of Way line: thence South 89°36'40" East along said Northerly Existing Sebastian River Improvement "C-14-E Canal Right of Way line, a distance of 302.22 feet; thence
South 00°23'20" West, a distance of 100.00 feet to a point on the SoutherJy Exlsting Sebastian Rtver Improvement "C-14-E" Canal Right of Way line: thence Nol'th 89°36'40" West along said Southerly ExisUng Sebastian River Improvement "C-14-E" Canal Right of Way line, a distance of 302.10 feet to a point intersecting said Easterly Existing Sebastian River Improvement District Lateral "C" Canal Right of Way line; thence South 001)19'08'' West along said Easterly Existing Sebastian River Improvement District Lateral ''C" Cana] Right of Way line, a distance of 2,554.10 feet to a pointJntersecting the Northerly Existing Sebastian River Improvement
"C-15-E" Canal Right of Way line; thence South 89°39'52" East along said Northerly Existing Sebastian River Improvement "C-15-E'' Canal Right of Way line, a distance of 257.99 feet; thence South 00°10'57" West, a distance of 100.00 feet to a poin on the Southerly Existing Sebastian River Improvement "C-15-E" Canal Right of Way line; thence North 89°39'52" Wes along said Southerly Existing Sebastian River Improvement "C-15-E" Canal Rlght of Way line, a distance of 258.23 feet to a point intersecting said Easterly Existing Sebastian River Improvement Distt'icl Lateral "C'' Canal Right of Way line: thence South 00°19'08" West along said Easterly Existing Sebastian River Improvement District Lateral "C" Canal Right of Way line, a distance of 1,277.06 feet to a point on the South Jine of aid Section 36; thence
North 89°41'l I" West along the South line of aid Section 36, a distance of 75.00 feet to the
POINT OF BEGINNING.

Containing 25.928 acres, more or less.

Page 3 of 3

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PURCHASE AGREEMENT
ITEM SEGMENT NO.: DISTRICT:
FEDERAL PROJECT NO.: COUNTY ROAD NO.: COUNTY:
PARCEL NO.:

�75-0;l0-07a RIGHT OF WA.Y OGC-03/24
Page 1 014

2308793	
4	
D424 054 B	
609 (8211d Avenue/Ranch Road} Indian River	  702	

Seller: Sebastian River Improvement District f/�a Sebastian River Water Control District f/k/a Sebastian River Drainaqe District, a Water Control District
Buyer: State of Florida, Department of Transportation

Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the following terrns and conditions:

I.

Description of Property:
Estate Being Purchased: D Fee Simple	D Permanent Easement	[8l Temporary Easement	O Leasehold

Real Property Described As: =S=ee=--=E=x.h..i.=.b..._it_..".A..'._'--------------�-------

Personal Property: .,_,N.:..:.IA	,	 _

Outdoor Advertising Structure(s) Permit Number(s): .N......,,/A. ,	
Buildings, Structures, Fixtures and Other Improvements Owned By Others: !..lN::..:.IA..:...,	_
These items are NO  Included in this agreement. A separate offer is being, or has been, made for these items.

II.	PURCHASE PRICE		
	(a)	Real Property
Land	
1.	
$ 300.00		
	Improvements	2.	$ 0.00		
	Real Estate Damages (Severance/Cost-to-Cure)
Total Real Property	3.
4.	$ 0.0 0	

$ 300.00		
	(b)	Total Personal Property	5.	$ 0.00		
	(c)	Fees and Costs
Attorney Fees	6.	$ 0.00		
	Appraiser Fees	1.	$  0.00		

(d)

	 Fee(s)
Total Fees and Costs Total Business Damages Total of Other Costs
List:	�

a. $ .o......,oo	_
9. $ _o.-oo_.	_
$ -0-=00.,.	_
$ =0._,_00�----

Total Purchase Price	(Add Lines 4, 5, 9, 10 and 11)
Total Global Settlement Amount
Portion of Total Purchase Price or Global Settlement Amount to be paid to Seller by Buyer at Closing
Portion of Total Purchase Price or Global Settlement Amount to be paid to Seller by Buyer upon surrender

$ 300.00
$ �00.00

$ 0.00

of possession or 	 _

Ill.	Additional Terms

Seller is responsible for all taxes due on the property up to, but not including, the day of closing.

576-030.078
RIGl"ITOFWAY
OClC-03/24
Pego 2 or,i

Seller is responsible for delivering marketable title to Buyer. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those exceptions that are acceptable to Buyer. Seller shall be liable for any encumbrances not disclosed in the public records or arising after closing as a result of actions of the Seller.
Seller shall maintain the property described in Section I of this agreement until the day of closing. The property shall be maintained in the same condition existing on the date of this agreement, except for reasonable wear and tear.
Any occupancy of the property described in Section I of this agreement by Seller extending beyond the day of closing must be pursuant to a lease from Buyer to Seller.

(e}	The property described in Section I of this agreement is being acquired by Buyer for transportation purposes under threat of condemnation pursuant to Section 337.25 Florida Statutes.

Pursuant to Rule 14-10.004, Florida Administrative Code, Seller shall deliver completed Outdoor Advertising Permit Cancellation Forrn(s), Form Number 575-070�12, executed by the outdoor advertising permit holder(s) for any outdoor advertising structure(s) described in Section I of this agreement and shall surrender, or account for, the outdoor advertising permit tag(s) at dosing.

Seller agrees that the real property described in Section I of this agreement shall be conveyed to Buyer by conveyance instrument(s) acceptable to Buyer.

Seller and buyer agree that this agreement represents the full and final agreement for the herein described sale and purchase and no other agreements or representations, unless incorporated into this agreement, shall be binding on the parties.

Other:

{j)Seller and 13uyer agree that a real estate closing pursuant to the terms of this agreement shall be contingent on delivery by Seller of an executed Public Disclosure Affidavit in accordance with Section 286.23, Florida Statutes.

Closing Date
The closing will occur no later than 60 days after Final Agency Acceptance.
Typewritten or Handwritten Provisions

Any typewritten or handwritten provisions or terms inserted into or attached to thls agreement as addenda ,nust be initialed by both Seller and Buyer, to indicate acceptance by both.
D There is an addendum to this agreement. Page 		is made a, part of this agreement.
181 There is not an addendum to this agreement.

Acknowledgement of Final Agency Acceptance Required; Signatures

575--030-07• RIGHT Of WAY OGC-0m4
Pago3 014

Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their acceptance of this agreement as a binding real estate contract.

It is mutually acknowledged that 1his Purchase Agreement is subject to Final Agency Acceptance by Buyer pursuant to Section 119.0711, Florida Statutes. A closing shall not be conducted prior to 30 days from the date this agreement is signed by Seller and Buyer to allow public review of the transaction. Final Agency Acceptance shall not be withheld by Buyer absent evidence of fraud, coercion, or undue influence involving this agreement. Final Agency Acceptance shall be evidenced by the signature of Buyer in Section VII of this agreement.
Seller(s)	Buyer
State of Florida Department of Transportation

Signature	Date

Type or Print Name

BY: 	
Signature	Date

Signature	Date	Type or Print Name and Title Type or Print Name

FINAL AGENCY ACCEPTANCE
The Buyer has granted Final Agency Acceptance this 		day of 	_
BY: 	 _		 Signature		 Type or Print Name and Title

Legal Review:	�

Date

Type or Print Name and Title

&75.030.07
R!GHTOF WAY
ADDITIONAL SIGNATURES	OGC-03124
Pago 4 of 4	
SELLER(S):					
Signature	Date		Signature	Date	
Type or Print Name			Type or Print Name		
					
Signature	Date		Signature	Date	
Type or Print Name			Type or Print Name		
					
Signature	Date		Signature	Date	
Type or Print Name			Type or Print Name		
					
Signature	Date		Signature	Date	
Type or Print Name			Type or Print Name		
					
Signature	Date		Signature	Date	
Type or Print Name			Type or Print Name		

Item Segment No. 2308793 (Section No. 88503-2610) 11�10-2025

Exhibit "A"

Temporary Easement

Parcel No. 702	County Road 609	Indian River County	Description A portion of the West One-Half (W 1/2) of Section 24, Township 32 South, Range 38 Ea t,
Indian River County, Florida, said portion lying Easterly of and adjacent to Parcel 121, extending Easterly no more than 25.00 feet between Baseline of Survey Stations 149+04.12 and 149+79.12, as hewn on Sheet 15 of the Florida Department of Transportation Right of Way Map for County Road 609 (82nd Avenue/Ranch Road), Item/Segment No. 2308793, Section 88503-2610, b ing more particularly described as follows;

Containing 1,875 square feet, more or less.

A temporary easement for the purpose of demolition and removal and/or cutting, refacing and modifying of improvements that are partially on the area of Parcel 121 and partially on the remaining property area, and any work incidental to said activities and to tie-in and harmonize said property with the construction to be undertaken for the project.

This easement includes the right to ingre s and egress, occupy, possess and control the property for the stated purposes, and to stage equipment for the stated purposes. By this easement. the Florida Department of Transportation is hereby authorized to apply for any and all necessary permits and/or approvals to accomplish the stated purposes.

Thi Easement shall expire upon the completion of the work described herein but not later than the last day of March, 2028.

Page 1 of I

REQUEST POR APPRAISAL - FEE OWNER

The Florida Department of Transportation Office of Right of Way
3400 West Commercial Boulevard Fort Lauderdale, FL 33309
SUBJECT:	Request for Appraisal - Fee Owner
Item/Segment#:	 _23 08"'""7-'-93-'-,. 		 County Road No.:		609 (82nd Ave/Ranch Rd) County:	.....;l.....;nd=ia=n.....;R..;.;..iv;..;;;·e,;.,_r 	_ Parcel No.:	 121/702		

Dear Zabrina Meneses,

I have requested and received a copy of the appraisal report upon which the offer to purchase my property is based.

Name (Print)

Signature	Date

Legal by	Evan P. Bain, P.S.M.	Date:  06-26-2025	Parcel No.	121	
Docs. by	Diana Helmer	Date:  06-26-2025	Item/Seg. No.	2308793	
			Section:	88503-2610	
			County R. No.	609	

Title Report No.: 24•126a004. 25-064-020*

folio N/A

County R. Name: (82nd Ave/
Ranch Rd)
County:	Indian River

l#egal d	riplio r"' 1sed for 111  •  rr	t di	lit.n1 in ii h	ring • llout a ·s ·ia1 d \ ith II li�ta11ce r11' 00.01r

1  '_

Item Segment No. 2308793 (Section No. 88503-2610)
6-26-2025

ee Simple Right of Way

Parcel No. 121	County Road 609	Indian River County	Description
A portion of land lying in the East One-Half (	1/2) of Section 35 and portion of the West One-Half (W 1/2) of Sections 12, 13, 24t 25 and 36, Township 32 Southl	ange 38 East, Indian River County, Florida, as shown on Sheets 5-27 of the	lorida Department of Transportation Right of Way Map of County Road 609 (82nd Avenue/Ranch Road), Item/Segment No. 2308793, Section 88503-2610, being more particularly described a follows:

Begin at the Southwest corner of said Section 36, said comer also being on the Baseline of Survey of said County Road 609 (82nd Avenue/Ranch Road), thence North 89°42'5l" West along the South line of said Section 35, a distance of 27.02 feet to the beginning of a non-tangent curve concave Southeasterly having a chord bearing of No1th 05°13'32" East; th nee Northea terly along said curve, having a radius of I 0,009.00 feet, through a central angle of OI 054' IO'\ an arc length of 332.37 feet to a point of reverse curvature with. a curve concave Northwesterly, having a chord bearing ofNorth 03°37'22" ast; thence Northeasterly along said curve, having a radius of9;889.00 feet, through a central angle of05°06'29'', an arc length of 881.61 feet to the end of said curve; thence North 0 I 004'08'' Ea t, a djstance of 61.24 feet; thence North 00°19'08" East, a distance of 407.48 feet; thence North 00°15'15" West, a distance of 100.00 feet; thence North 00°19'08" East, a distance of 874.44 feet to a point on the South line of the Northwest One-Quarter (NW 1/4) of said Section 36; thence continue North 00°L9i08° East, a distance of 946.21 feet; thence North 00°59'14'' East, a di tance of 300.02 feet; thence North 00°19'08" East, a distance of 1,407.89 feet to a point on the North line of said Section 36; thence North 00°21'44"• ast a di tance of 591.48 feet; thence North 00°04'03" West, a distance of 200.01 feet; thence North 00°21'44"  ast, a distance of 1,867.47 feet to a point on the South line of the Northwest One-Quarter (NW l/4) of said Section 25· thence continue Not1h 00°21'44'' East, a distance of 332.49 feet; thence North 00°08149" West, a distance of 450.02 feet; thence North 00°21'44°• ast, a distance of639.97 feet; thence North 00°12'38'' West, a distance of250.01 feet; thence No11h 00°21'44" East, a distance of986.56 feet to a point on the North line of said Section 25; thence Not1h 00°19'14'' East; a distance of 294.10 feet; thence North 00°59'20" East, a distance of300.04 feet; thence North 00°19'14" East, a di tance of 1,380.00 feet; thence North 00°59'2011  ast, a distance of 300.02 feet; thence North 00°19'14'' East, a distance of 376.05 feet to a point on the South line of the Northwest One-Quarter (NW 1/4) of said Section 24· thence continue North 00°19'14" East, a distance of623.25 feet; thence North 00°20'04" Wet, a distance of 350.02 feet; thence

Page I of7

Legal by Docs. by

Evan P. Bain. P.S.M.
Diana Helmer

Date:  06-26-2025
Date:  06-26-2025

Parcel No.	121
ltem/Seg, No.	 2308793 Section:	 88503-261o County R. No.	609

Title Report No.: 24.126-004, 25-064-020*
folio NIA

County R. Name: {82nd Ave/
Ranch Rd)
County:	Indian River

North 00°19'14"  ast, a distance of 1,677.22 feet to a point on the North line of said Section 24; thence North 00°42'47" East, a distance of 150.18 feet; thence Not1h 00°08'25'i East, a distance of J,143.40 feet; thence North 00°42'47'' East, a distance of 200.01 feet; thence North 00°08'25" Eastt a distance of 1,178.95 feet to a point on the South Jine of the Northwest One-Quarter (NW 1/4) of said Section 13; thence continue North 00°08'25" ast, a distance of I;201.14 feet; thence North 00°52'1011 Ea t, a distance of 550.04 feet; thence North 00°08'25" East, a distance of 599.90 feet; thence N0tth 00°52'00" East, a distance of 321.55 feet to a point on the North line of said Section 13; thence continue North 00°52'00'' East; a distance of 328.53 feet; thence North 00°10'57" East, a distance of 1,750.07 feet; thence North 00°23'25" West, a di tance of 600.03 feet; thence North 00°1 l 'l 1" East, a distance of 649.24 feet; thence North 00°25'30" West, a distance of 750.04 feet; thence North 00°11'11" East, a distance of 650.02 feet; thence North 00°23'12." West, a distance of 400.32 feet; thence South 89°48'49" East, a distance of 61.50 feet to a point on the Easterly Existing Sebastian River Improvement District Lateral "C Canal Right of Way line; thence continue along said Easterly Existing Sebastian River Improvement District Lateral "C" Canal Right of Way Jine for the next six (6) courses: (1) South 00°11'11" West,
a distance of 2,488.93 feet to a point on the South line of the Northwest One�Quarter (NW ]/4) of said Section 12; thence (2) South 00°10'57" We t, a distance of I ,319.66 feet; thence (3) North 89°47'28" West, a distance of
12.50 feet; thence (4) South 00°10'57'' West, a distance of 1,319.63 feet to a point on the N0ttb line of said Section 13; thence (5) South 00°08'25'' West, a distance of 5,345.63 feet to a point on the No1th line of said Section 24; thence (6) South 00°19'14" West, a distance of 1,275.20 to a point intersecting the Nmtherly Existing Seba tian River Improvement District "C-10- "Canal Right f Way line; thence South 89°07'44" East along said Northerly Existing Sebastian River lmpl'ovement District " -I 0-E" Canal Right of Way line, a distance of 305.57 feet; thence South 00°19'14" West, a di tance of 100.00 feet to a point on the Southerly Existing Sebastian River Improvement District "C-10-E" Canal Right of Way line· thence North 89°07'44" West along said Southerly Existing Sebastian River Improvement District "C-10- "Canal Right of Way line, a distance of 318.07 feet to a point intersecting said Easterly Existing Sebastian River Improvement District Lateral ''C" Canal Right of Way line; thenc South 00°19'14'' We talong said Easterly Existing Sebastian River Improvement District	ateral "C" anal Right of Way line, a distance of 2,550.31 feet to point intersecting the Northerly	xisting ebastian River lmpt·ovement ''C-11-E" Canal Right of Way linej thence South 89°10'27" East along said Northerly Existing Sebastian River Improvement "C-11- " Canal Right of Way line, a distance of 93.50 feet; thence South 00° l 9'14" West, a distance of I00,00 feet to a point on the Southerly	xisting Sebastian River Improvement "C-11-E" Canal Right of Way line; thence North 89°10'27" West along said Southerly		xisting Sebastian Rive1· Improvement "C-11-E'' Canal Right of Way line, a distance of 93.50 feet to a point intersecting said Easterly Existing Sebastian River improvement District	ateral "C" Canal Right of Way line; thence continue along said a terly	isting Seba tian River Improvement District Lateral '' 1 Canal Right of Way line fot· the next two (2) courses: (I) South 00°19'14" West, a distance of 1274.40 feet to a point on the North line of said	 ectio_n 25; thence (2)	outh 00°21'44" West. a distance of l,280.12 feet to a point intersecting the Nm1herly		xisting ebastian River Improvement "C-12-E" Canal Right of Way line; thence South 89°17'47"• ·ast along said Northerly Existing Sebastian River Improvement ''C-12-E"	anal Right of Way linei a di tance of272.00 feet;

Page 2 of7

Legal by
Docs. by

EvanP. Bain. P.S.M.
Diana Helmer

Date:  06-26-2025
Da,te: 06-26-2025

Parcel No.	121
ltem/Seg. No.	2308793
Section:	88503-2610
County R. No.	609

Title Report No.: 24-126-00•4
folioN/A

.25-064-020*

County R. Name: (82nd Ave/
Ranch Rd}
County:	Indian River

thence South 00°1213811 ast, a distance of I00.00 feet to a point on the Southerly xi ting Sebastian River Improvement "C-12-E" Canal Right of Way line; thence Noath 89°17'47" West along said Southerly Existing Sebastian River Jmprovement "C-12- "Canal Right of Way line, a distance of285.50 feet to a point intersecting said Easterly Existing Sebastian River Improvement Distr.ict ateral "C" Canal Right of Way line; thence South 00°2 I'44" West along said Easterly Existing Sebastian River Improvement Lateral "C" Canal Right of Way line, a distance of 2 558.89 feet to a point intersecting the No1therly Existing Sebastian River Improvement "C-13-E" Canal Right of Way line; thence South 89°29'07" East along said Northerly Existing Sebastian River
Improvement "C-13-E"	anal Right of Way line1 a distance of 286.80 feet; thence South 00°21'4411 West. a
distance of 100.00 feet to a point on the Southerly xisting Sebastian River Improvement "C-13- '' Canal Right of Way line; thence North 89°29'07;1 West along said Southel'!y Existing Sebastian River mprovement "C-13-E" Canal Right of Way line, a distance of 286.80 feet to a point inter ecting said Easterly xisting Sebastian River Improvement District Lateral "C' Canal Right of Way line; thence along said asterly Existing Seba tian River Improvement  District  Lateral  '1C" Canal  Right  of  Way  line  fol'  the  next  two  (2)  courses:
(I) South 00°21'44" West, a distance of 1,279.45 feet to a point on the North line of said Section 36; thence
(2) South 00°19'0811 West, a distance of 1,277.04 feet to a point intersecting the Northerly Existing Sebastian River Improvement "C-14-E" Canal Right of Way line; thence South 89°36140" East along aid Northerly Existing Sebastian River Improvement "C-14- anal Right of Way line a distance of 302.22 feet; thence South 00°2312011 West, a distance of l00.00 feet to a point on the Southerly Existing Sebastian River Improvement "C-14-E" Canal Right of Way line; thence North 89°36'4011 West along said Southerly Existing Sebastian River Improvement ''C•l4•Eli Canal Right of Way line, a distance of 302.10 feet to a point intersecting said a terly Existing Sebastian River Improvement District Lateral "C" Canal Right of Way line; thence South 00°19108" West along said Easterly xi ting Sebastian River .Improvement District Lateral 11C" Canal Right of Way line, a distance of 2,554.10 feet to a point intersecting the Northerly xisting Sebastian River Improvement "C�l5-E" Canal Right of Way line; thence South 89°39'52" East along said No1therly Existing Sebastian River Improvement "C-15-E" Canal Right of Way line, a distance of 257.99 feet; thence South 00°10157'1 We.st, a distance of 100.00 feet to a point on the Southerly Existing Sebastian River Improvement "C-15- ,, Canal Right of Way line; thence North 89°39'5211 West along said Southerly Existing Sebastian River Improvement "C�l5-E' Canal Right of Way line, a distance of 258.23 feet to a point intersecting said Easterly Existing Seba tian River Improvement  Distdct Lateral "C''  anal Right of Way line; thence outh 00°19'08" West along said Easterly xisting Sebastian River Improvement District Lateral "C" Canal Right of Way line, a distance of 1,277.06 feet to a point on the South line of said Section 36; thence North 89°41' l l II We t along the South line of said Section 361 a distance of 75.00 feet to the POJNT OF B GINNlNG,
Containing 25.928 acres, more or less.

Page3 of7

Legal by
Docs. by

van P. Bain. P.S.M.
Diana Helmer

Date:  06-26-2025
Date:  06-26-2025

Parcel No.	121
ltem/Seg. No.	2308793 Section:	 88503�26l 0 County R. No.	 609

TitJe Report No.: 24-126-004, 25-064-020*
folio NIA

County R. Name: (82nd Ave/
Ranch Rd)
ounty:	Indian River

Legal description as distributed at Phase I

€Sestion Wo. 88SOJ 26J0)
3 24 2025

l"'ee Simple .Right ef Ww,1

.lflEliaA Ri·;er Count)'
A poFtioA efla1ut lying ia tee East One J.Ialf EE Ll2) of SeetieR 35 Bflel portioA of the West One WalffW 1/2) of Seetioes 12, l 3, 24, 25 !l:Aa�e., '.fel,vt1shir, 32 Sou�k, RMge 38 Bast, Tndicm River Co1:1aty, Flerida, as sko'.1,'A efl 8heets 5 2:/-. e� the f'-loriaa DepartmeRt ef Ttat1sportatioF1 Right7')f Wa�· �4al' of GouAty- Roae e09�e
AY�nue/Raneh RoaEI), Item/SegMent 'No. 2308793, 8esH-eH. 88503 26l 0, l'leing-rnore partie1:1larly EteseFiheel-as follows:

Roae--609 (82Hd Aveaue/.Rafleh Road)) thea,ee	-North 89°42'5 l" West al-0Ag the	-South line of safoi Seetien 35, a	

QegiR at the Southwest COl'AeL'-e?said SeetieA 36, said eorner also being OH the BMel�Re ofSmve�f said County distanee of 27.02 feet to the begiAning of.a noA taAgeAt el:ln1e eeAea¥e �fot:1tkeesterJy hw,isg aehora beariRg of

1t¥esterl-y	-,-having a eh	.ord 13eari.R:g efNeftR Q3°37'22n East; theriee NorU½eastedy aleRg said eurve, l'¼aving a	
of 9,889.0Q feet, through a eentrnl angle of 05°06'-29", an-fflle leAgtft 0:f 88		

"NeRh 05°13'32" "sast; theneeNortheastedy afong saiEI e1:1r.ie, ka¥iAg a radius ef 10,009.00 feet:,-through a eentral Sflgle of 012.§4!-10", aA are length of 332.37 feet to a t}Oint of re>iirerse eur.·att:ife wiili a sutl\re-eenea1re to the Werth
rael-itis 	-l.al feet to the eAd of said OllfVet
tke1�0e =North Ol004'08" east, a ei-stanee 0?61.24 feet; thenee North 00°19'08;' Eest, a distaneeof 407.48 teet; tAen-ee "North 00°t S,!15" \Ves�dtsffmee of I00.00 feet; theaee}forth 00°l 9'0811 Bast, a distance.of-8:J4.44 feet to

North 00°19'08" .East, a Elista:A:ee of 946.2 l	-feet; tbenee Nel'tfl 00°59'14" East,	.a disteRee of 300.02 :feet-; theHee	
Nedh 00°19'0811 east, a Elistanee o:f		

�eint oA the Sooth line of the Northwest One Quarte1· ("NW 1/4) ef saiEI gection 3e; thenee eontim:ie
- l,400:.8-9 feet te a pe�nt eR th�erth line of said SeetioA �6; the1'½ee
�rth 00°21'44" :gast, a distaAee of591.48 feet; Utenee l-fofth 00°04'03" Gast a elis,anee of2.Q(:UH feet; thenee North 00°21'44" Bast, a EliSfflflee of l,867A7 feet to a point on the Sout� line-of the NorM11n1est One Quar«w OlW 11'4) of said SeetioH 25; thenoe eentint:1e �lortk 00°21'44" East, a distenee of 332.49 feet; theRee North 00°08'49" West, a sishmee of 450.02 feet; tlleH:ee Nerti� Q0°3 l.!44118est, a Elistane& e:f--(i�!).97 feet; the1u1e North Q0°li!'J..S-" l.V-.es�,-a Elis-tettee of250.0l fee�; tkeflee-Net:th 00°21•44;; Bl3:Jt, a e.isklne.e of986.5a feet to a poiRt on the North liHe of saiEt Seetioft 25; thence North 00°19114;1 east, a distanee of 294.10 feet; theAee
±'forth 00°59'20" Bast, a dis�aF1ce of 300.04 feet; theRee Nortk OQ019'14" East, a a-istaaeo of l,380.00 feet; HleAee North 00°59'2()" East, a distanee ef300-rQ2 feet; theAe�olltll 00°19' l4" Bast, a distance of 37a.QS feet �e��oiAt on the Seu�h line of tho -Neft:k.west Qne--Quartel' (NW 1}4) of Seetloa 24; thence sootimte North 00°19' H" Bast, a El+stanee e��23-.2§ feet; thence No1th 00°20'04" West, a elistanee-e€ 34iG.02 feet; theHee1'forth 00°19'14" east, a

Page 4 of7

Legal by	Evan P. Bain, P.S.M.	Date: 06-26-2025	Parcel No.	121	
Doc. by	Diana Helmer	Date:	06�26�2025	Item/Seg. No.	2308793	
			Section:	88503-2610	
			County R. No.	609	

Title Report No.: 24-126-004, 25-064-020*
folio N/A

County R. Name: (82nd Ave/
Ranch Rd)
County:	Indian Ri.ver

eistan:ee of 1,077.22 feet to a �eiat oMRe-.Werth lirte of saiti Seetion 24; thenee No:rt:!:i 00°4�•�i• East, a distanee ef 150.18 feet; theR.ee W0rt.l:\.-Q0°G8'2§.'1 East, a distanee ef l, I 43.40 feet;tkeaee Nertk 00°42'4711 east, a disumee ef 200.01 feet; t!lenee North 00°08'25" Bast, a distanee of 1,1'78.95 feet te a point Ofl. the Sel¾Eh line of the
�erd:r.\rest One Quarter(NVl l/4) ofsaia Seetion 13; thenee eentitnieNorth 00°08'25"East, adismnee of 1,201.14-feet; tllenee }Jol11� 00°52'1011 Bas�a distanee-of 550.04 feet; theftee }forth 00°08'2.§" East, a distaHee of 599.90 feet· theAoe WoRh 00°5�'00" �st,a Eiist8:J'lee of 321.55 feet to a point OH the Wort&Jine-of said Seetjon B; dwHoe e&1:t-tirn1e Woft.1:1 00°§2'00" East, a EiistaH:ee of 328.53 feetc; #ieaee Not1R 00°)0'57" East, a distaA€6 of 1,750.07 feet; theneeNefth-GQ023'25" West, a distanoeof60G:-Q&--feet; O�enee�orth 00°111ll11 .east, adis-ta.Aee of649.24 feet; thenoe "Not=tl=QI 0°25'3Q!!...West, a-clistanee of 750.04 :feet; thenee North 00°11'1 l '' East, a distaAee of 650.02 feet' thenee-Neffh:-OQ03:3'12" Wost a elistaAee of 400.32 feet; iheAee So1:tt:A 8-9°48'491' Bast a distanee ef el .5Q
�e-t te11. point"6n the Easterly BxistiHg Sebastian Rh•er lmf\'lrovement Distfiet Lateral "C'' Canal R-igl:it of Wff)• line; thenee eoHtiRue along said Easterly EJt:istiAg SeeastiaA Ri•ref lmprovemeRt Distrist Lateral "G" CEmal Right ef--We::r line for the neMt six €et-eet1Fses: (1) S01:1t.k OQ-2.l l-!-l l '' 'Nest, a distanoeof2-,488.93 feet to a point o,� #le Soutl'l line ofth�Nmthwest OAe Qij,artet" (}i�W l/4) of said 8eotioli 12; theAoe (2� 8eutftQ0°I0'57" ¥lest, e El�QlAee
�l.:H�.66 feet; ttteHee (3) North 89°47'28" West, a d.istaAee of 12.SQ feet; t!ienee (1) So1;1th 00°lQ'57" W.est, a distffl'!ee of 1,319.63 feet to a point on the North HRe of:-said Seotioo 1--3; theRse (5) Seu#i--QQ0Q8'25" West, a distaRoe of 5,345.63 feet to--a-riei11t ot1 tho �i01:tk liAe of said SeetioR 24; thence Ee) SouUl 00°19'14'' West, a distanee ofl ,:275-.�0-te a f:!OiAt ilitemeetiflg �Re N01'thel'ly BKisting £$ast-ian Rwol' lfflfH·o•leffient Distrtot "C IOa E' €anal Right of-Wft')• liRe; eheHee South 89°07'4 4" east aleAg said �ortl1erly EKisting Seaastiftft River Imf)rnvemenH)istriet "C lO B ' GaAal Right of Way Iine, a c:Hstane�oi= JG§.57 feet; theRee Sottth-Q0°19'14" West,
a ais-tanee of lQ0.00 feet to a point on the 8ot:t04et'l-y en:istiflg Seeastian Ri·,er lm13-r0\'ement---Oiatt·iet "G IQ e"
Qma.l Right of Way line; tahenee Nel'th 89°07'44" West along said So1-:1therly E:Kistieg 8ebastiaA Ri:ye,i•
lmJn:e¥ement Distrie� "C IO .E/1 Canal Right of W�• line, a ElismAee of '.H8.07 f.eet te a point intet·seetiRg said Easterly B�tistittg Sebastiaa River JmpFevemeHt Distriet Lateral "C" GaHal Right of ·Wa:y lme; fkeRee South 00°19'1-411 1.Vest aloftg said EasteFly eJdsting Seaastia:R Rwer lmpr&veR'teet Distriet :bateraj "G'' GaAal RiglH of Way liAe, a distaoee of 2,550�1 feet to point iAtefSeetitlg the Nort.kerl)' EKisting-Si3eastiaH: RiveF Impro•,1emeHt cic  J1 E' - Geni:tl-Right ef Ww,• lirte; tl�&Aee-Sot:ttl'l 89°10'2711 E:ast aloRg said Noftkorl)' Bnisting Sebastian River Impl'<'P,<emeat' C 11 .6" Canal Right of Way line, a dismAee ef93.5Q feet-; thence Sel:ltfl 00°19'14" West, a aistaAee of H)G.QG-f-eet to a point on the Sm.1tAel'l)' BKistin-g Seeastian Rivel' impr&¥emeAt "C t I B" Canal Right of Way line; theRee Jl,forth 89°10'27'' West aloeg saia Southerly Existiag Sebastien Ri¥Brl:Alflll0"+'0EAeH�G 11 gn Car:rnl
Right of 1N-ay liRe, a elista.aee of 93.SQ feet to a peiat interneeEing----saie Bastefly Bxisting SeeastiaA River
1l'llpr&Yemeat Dislriot La�eral--!!G" Canal Righ.t oP.1/�U.A&;-tkenoecerutflue aleeg said Easterly J;1dsti ng SebastiaR Ri•,•ef lm1=1r0Yem0At Distriet L&teral 'en Canal Righ� of Wery line fur the Ae�a. tv,•o(2) eourses:
 South 00°19'14" West, a aistooce et l,2-'.74AG feet Ee a poi-nt Oft the NorUt line of said SeetioA: 25; t-l�ertee
 Soutl� 00";!1'44'; West, a distans&-ef.-4,280.12 feet to a point iat-ettseetiAg the-.Northerl� e�cist11-1g Seeastian Ri111eF Impt'O¥ement "C 12 B'' Caaal Rigl:i.t et: -Way lil'le; theRee 801:1th 89°17'47" east aleAg-saia Northerly E:icisting Sebastian Ri·1er lmt3revemene 11G-l2 B'' Canal Rigl�t of Way liAe, a elistanee o�?�O feet; thei:iee

Page 5 of7

Legal by
Docs. by

Evaa P. Bain, P.S.M.,
Diana Helmer

Date:  06-26-2025
Date:	06-26-2025

Parcel No.	_121
ltem/Seg. No.	2308793
Section:	 88503-2610 County R. No.	609

Title Report No.: 24-126-004._25�064-020*
folio N/A

County R. Name: (82nd Ave/
Ranch Rd)
ounty:	Indian Rivet

Sauth 00°1�8!.!.gast; a distanee ef 100.00 foet ta a point on the So1:1fuerly �,Jsting Sebastian Ri1re1·lfflpro•,•emeat
.!!G--12 B' Gwtat-Right of Way li1u�; theaoe North 89°17'4711 West aloRg said-Sotttkerly BMisting SebastiaR Ri,'eF

GaAal	Right •ef

lmpt'&'1emeftt "C 12 E'' Canal Right of Way liAe, a EllsfflRe&-e:f 2.8$.50 .feet ta a point interseetiflg saiel Easterly
BJtisting	Sebastian	R.inr	lAlfHO"t'effl:ent	DistFieti: :bateral	"G"	WEf'J'	line;	theflee

AeJ\t- two

South 00°21'44" W,est aleng saiEI eastefly EujsiiAg Seeastiafi Ri•,ier I�rowment I,ateral "C) GaRal Right ef Way HAe, a-tlist:anee of 2,§.§8.89 feet to a poiRt iRterseeting tke Northerly exlSting Sebastian River lmpro¥emeAt '1<:> 13 B" Canal Right of Way line; then:oe So1:1tk 89°29'0711 east ateng-said Wor�erly Existing Sebastiaa -River I:n:tpFevement "C 13 B" Ce.Ml Right of Way liRe, a GistaRoe of 286.80 feet; thenee South 00°21'44" West, a dislanee af l00-:-00 feet to a _1:10iRt OA �e--Seutherly Existing Seeasti0fl Ri11eF lrnpl'&YeFAeAt "C I3 g,;  Ca0al Right of wa,· line; tkeAee }leFth 89°29'07" West aloRg oaiel Se:Ytkerl51 �isang Sebastiaa Ri110.r Jmpro•,•emeRt "C-B B" Canal Right of Way line, a distaRee ef 386.80 feet �e-a-point--iateffi86flA:g saiel Easterly BKisthtg Selziastia.A-River Tmpro"t'ement Distriet Lateral "G" GaAal Riglit et:3i\fay l1ne; thenee aleAg said Etisterl,· 'BKisti0g Sebastie:A Ri:Yer
Improvement	District  �ateral  "C"	CB:Aal	Rig!:tt	ef	\Vay	lifle	:f.'of	the	(2)	eetwses-:
 So:Ytk 00°21'44" Wost, a distaRee ef 1,279.45 fe&Ho--a point en tfte Nortk Hne of saiEI SeatiaA 36; thenee
So\el$:A og0 I9'0g" Wes�, a ElistaAee of 1,277.04 feet tt> a poi:at iAteFseeting the Not=tkerly B*•sting SebastiaR Rjver Improvement "C 14 B" Canal- Right of Way liHe; theH:ee South 89°30140" east along said }-1ortherly Bnisting SebastiaA RiveF lm�r{l�emeet "C 14 E: CaRal Right of Way--li-r1e, a Eiisku1oe et:302.22 feet; tJalei::iee-Sett#t 90°23'20" West;--a--ei,staAe&�Q0.00 feet te a f)Oint on the Sm,1tl'ltn'½1 enisting Sebastian River lfflprevement "C
14 e" Gat1al Right of Wa:y line; theAee WeFili 89°�6"4Q!L-West along said 8outJ:1erl,· Bxistklg--Sebastian Rinr
m,:iro•;ement "G 14 gu Canal Rigl�t of---Wa¥ li:ne, a distaRoe of 302.10 feet to a point intel'SOGting said easterly
�uisting	Selziastian	Ri¥er	ImpFe>r'ement-----Bistt.·iet	Lateral	"G'' -Gar1al	R:ight	of	l.l{ay	line;	#ienee 80t1ih 00° t9'Q�,lest along s,aia Easterly B�tistiRg SebastiaR �iver lffif)F-&¥eraeH�JJ.•stl'ict Lateral "C" Canal Righ.t ef-l.¥ay lit=1e, a distaRee ef 2,554.10 feet t�·a p0'in-Hiiterseeting tfl:e Northerly J;nistrng Sebastitlft Ri•1et· Imprnvement "C 15 B" CaAtH-RigAt @f 1Nay4ine; th01�ee South 89°39'52'' en:St aleAg said-Northerly BKisting So'9asdan Ri•;e1· Jmpro>rement "G 15 E:'1 CaRal Right of Way line, a distaaee of 25'7.99 feet; tkenee-Selffl:t 00°IO'S?" ¥test, a aistanee efiQO.QO feet te a poi.Rt OR the Se1:1Uterl)' BJ�isting Sel:iastian Ri1t'er lmpre:vemefl:t"C i..s E" Canal Right of: Wa'/ line; 010flee Worth 89°39'.§2" West afong saia Southerly E:Kisti:Rg...gebestian Rinr
lrnprn11ement "C l 5 e' Canal Right oi--Wa;Y-1ine, a eistaRee af 258.23 feet to a t)Bint ii:iterseGting-said Easterly i;KistiAg	SeeasHOO	Ri1t1er	Imprevement	Dish·iet	Lateral	"G"	Canal	Right	ef	\V-{t'J	line·	thenee
��ll..Q0°19'0811 Vi,estalong said Basterly Bnisting Sebastian River lmpl'l:)¥emeat.BistFiet Latet·al "C" Canal Rigkt

�ol'th 89°4 I' I1" West eloAg the -South line ef saiel Seeffefl

of.:-J.:Vay liee, a-eifil.ance of 1,277.06 feet, to a. pokttett tke 80tit:h liRe of sEHel SestiBn -36; theflee
�{;> a distanee ef 75.00 feet to the POINT Qi;'
BBGfNN�G..
GoRtaining 25.928 aores, more or less.

Page 6 of7

Legal by Docs. by

Evan P. Bain, P.. M.
iana Helmer

Date:  06-26-2025
Date:	06-26-2025

Parcel No.	121
Item/Seg. No.	2308793
Section:	88503-26 IO
County R. No.	609

Title Report No.: 24-126-004. 25-064-020*
folio NIA

County R. Name: (82nd Ave/
Ranch Rd)
County:	Indian River

D.O.T. No. 121.1	Type oflnstrument: WD (modified-county) (03-BSD.03)

Owner:

Address:

SEBASTIAN RIVER IMPROVEMENT DISTRICT F/KJA SEBASTIAN RIVER WATER CONTROL DISTRICT F/KJA SEBASTIAN RIVER DRAINAGE DISTRICT, A WATER CONTROL DISTRICT
2501A Bum Rd., Palm Beach Gardens FL 33410

D.O.T. No. 121.2	Type of Instrument: Resolution (modified-county) (03-BSD.04)

Owner:

Address:

SEBASTIAN RIVER ThlPROVEMENT DISTRICT F/K/A SEBASTIAN RIVER WATER CONTROL DISTRICT F/K/A SEBASTIAN RIVER DRAINAGE DISTRICT, A WATER CONTROL DISTRICT
2501A Bums Rd., Palm  each Gardens, FL 3341O

Page 7 of7

Legal by	Robert J. Mellis. PLS	Date:	11-10•2025	Parcel No.	702	
Docs. by	Diana Helmer	Date:	11-25-2025	Item/Seg. No.	2308793	
				Section:	88503-2610	
Title Report
folio NIA	No.: 24-126-004, 25-064-020*			County R. No. County R. Name:
County:	609
(82nd Ave/ Ranch Rd) lndian River	

11/l.4/
P r· I	
IJi nu tlelmer)
11 re	by	•rln	r 1y	
r tRighr	

nl'� uy) l11r	

crn, itmn		

Item Segment No. 2308793 (Section No. 88503-2610)
11-10-2025

Temporary Easement

Parcel No. 702	County Road 609	Indian River County	Description
A portion of the West One-Half (W 1/2) of Section 24, Township 32 South, Range 38 East, Indian River County, Florida, said pol'tion lying Easterly of and adjacent to Parcel 121, extending asterly no more than 25.00 feet between Baseline of Survey Stations 149+04.12 and 149+79.l 2, as shown on Sheet 15 of the Florida Department of Transportation Right of Way Map for County Road 609 (82nd Avenue/Ranch Road), Item/Segment No. 2308793, Section 88503-26 l 0, being more pa11Jcu larly described as follows:
Containing 1,875 square feet, more or le s.
A temporary ea ement for the purpose of demolition and removal and/or cutting, refacing and modifying of lmpl'Ovements that are partially on the area of Parcel 121 and partially on the remaining property at·ea, and any work incidental to said activitie and to tfo-in and harmonize said property with the constmction to be unde1iaken for the project.
This ea ement includes the right to ingress and egress occupy, possess and control the propeity for the stated purposes, and to stage equipment for the stated purposes. By this easement, the Florida Department of T1.·ansportation is hereby authorized to apply for any and all necessary permits and/or approvals to accomplish the stated purpo e .
This Easement shall expire upon the completion of the work described herein but not later than the last day of
March, 2028.

Page I of2

Legal by
Docs. by

obert J. Mellis, PLS Diana Helmer

Date: 11-10-2025
Date: 11-25-2025

Pat·cel No.	702
ltem/Seg. No.	 23087_523 Section:	 88503-2610 County R. No.	609

Title Reporl No.: 24-126-004, 25-064-020*
folio NIA

County R. Name: (82nd Ave/
Ranch Rd)
County:	Indian River

D.0.T. No. 702.1	Type oflnstrument: TE (modified-county) (08-TE.11)

Owner:

Address:

SEBASTIAN RIVER IMPROVEMENT DISTRICT F/K/A SEBASTIAN RIVER WATER CONTROL DISTRICT F/KJA SEBASTIAN RIVER DRAINAGE DISTRICT, A WATER CONTROL DISTRICT
2501A Bums Rd., Palm Beach Gardens, FL 33410

D.O.T. No. 702.2	Type of In trument: Resolution (moditied-cou,nty} (08-T .12) Owner:	SEBASTIAN RIVER IMPROVEMENT DISTRICT FIK/A SEBASTIAN RIVER WATER
CONTROL DISTRICT F/KJA SEBASTIAN RIVER DRAINAGE DISTRICT, A WATER CONTROL DISTRICT
Address:	2501A Bums Rd., Palm Beach Garden , L 33410

Pitge 2of2

Sebastian River Improvement District Attn: District Manager

Re: Request to Declare District Lands as Surplus Dear District Manager,
Please accept the enclosed application requesting that specific District lands be declared surplus in accordance with the SRID Surplus Lands Guidelines. All required materials, supporting documentation, fees, and statements have been included or noted as pending.

______________________________

Sincerely,

We respectfully request that the District review this application and advise of any additional information needed. Thank you for your consideration.

Thomas S Hammond

Sincerely,

Applicant Information
Qualified Applicant Name:

Hammond Family Investments, LLC, Riverbridge Farms, LLC, and BayTree Ventures, LLC

Representative Name (if applicable):

Thomas S Hammond

Mailing Address: 		PO Box 643278 City/State/ZIP: 	Vero Beach, FL 32964  Phone: 			772-473-3481

Email:
Relationship to Subject Property:
Owner of adjacent land
Owner of underlying fee title encumbered by SRID easement
Required Fees
$500 Non-Refundable Application / Processing Fee
Attached ☐ Pending

$2,500 Initial Professional Fee Deposit
Attached ☐ Pending
Boundary Survey
Boundary survey attached
Pending; expected date: 	
Evidence of Title

tom@sebastianriverfarms.com

Provide evidence of fee title to adjacent land or underlying fee title to land with SRID easement.
Deed(s)
Title commitment/report
Appraiser documentation
Other: 	
Proposed Use / Development Statement
Describe proposed use or development:
We intend to incorporate the surplus District lands into the operation, management and development of the adjacent property. The area will be used to improve access, operational efficiency and boundary alignment. The proposed use will not affect SRID infrastructure or District purposes. All improvements will comply with SRID standards and applicable regulatory requirements.

Public Interest Justification
Describe how the request is in the public interest:
This request will allow us to better align and manage the surrounding property, resulting in improved land stewardship and operational efficiency. Consolidating boundaries will reduce maintenance conflicts and support long term planning in the area.
Certified Appraisal
Appraisal attached
Pending; expected date: 	
Additional Technical Documentation
List additional documents (if any):
1. 	
2. 	
3. 	
Signature

___________________________

Applicant Signature: 	

Name:

Thomas S Hammond

Title (if applicable): _Owner / Manager
Date: 12/3/2025

BayTree Ventures, LLC parcel report
qPublic - Indian River County, FL - Report: 32381400000500000001.0

Hammond Family Investments LLC and Riverbridge Farms, LLC parcel report qPublic - Indian River County, FL - Report: 32381400000500000003.0

BK: 2846 PG: 1865, 5/13/2015 4:23 PM D DOCTAX PD $11,935.00

COVER PAGE

Title of Document: Grantor:

Grantor's Address: Grantee:
Grantees' Address: Legal Description: Date:

Trustee's Quitclaim Deed
David A. Sosne, Chapter 7 Trustee for the bankruptcy estate of Ranch Road Lake, LLC
8909 Ladue Road, St. Louis, Missouri, 63124. BayTree Ventures, LLC
5955 82nd Avenue, Vero Beach, FL 32966

See Attached Exhibit "A". May _13_, 2015

TRUSTEE'S QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS, THAT:

WHEREAS, on January 22, 2014 (the "Petition Date"), creditors of Ranch Road Lake, L.L.C., a Florida limited liability company (the "Debtor") filed an involuntary petition against Debtor under Chapter 7 of Title 11 of the United States Code, 11 U.S.C. §§ 101 et seq., as amended (the "Bankruptcy Code").

WHEREAS, the Order for Relief was entered in Debtor's bankruptcy proceeding on April 23, 2014, and David A. Sosne ("Trustee"), was duly appointed as the Chapter 7 Trustee in bankruptcy for said Debtor on April 24, 2014.

WHEREAS, Debtor's bankruptcy case remains pending as Case No. 14-40386-659, in the United States Bankruptcy Court for the Eastern District of Missouri (the "Bankruptcy Court").

WHEREAS, among the assets of the bankruptcy estate is Debtor's Petition Date interest in certain real property addressed as 82nd Avenue, Vero Beach, Indian River County, FL 32967, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property").

WHEREAS, Trustee entered into an Asset Purchase Agreement, dated April 17, 2015 (the "APA") contract with BayTree Ventures, LLC, a Florida limited liability company (the "Buyer"), pursuant to which Trustee agreed to sell the bankruptcy estate's interest in the Property to Buyer, subject to the approval of the Bankruptcy Court and the terms and conditions of the APA.

WHEREAS, on or about March 20, 2015, Trustee filed his Motion for Order (A) Approving the Sale of Assets and (B) Approving Disbursements from Proceeds of Sale (the "Sale Motion") seeking authority from the Bankruptcy Court to sell the Property on an "AS IS, WHERE IS" basis, pursuant to 11 U.S.C. § 363.

WHEREAS, Trustee notified Debtor, its creditors, the United States Trustee and other parties in interest of the Sale Motion by Notice dated March 20, 2015, and received no objections thereto within the time provided for in said Notice.

WHEREAS, the Bankruptcy Court, by Order dated April 28, 2015, approved the Sale Motion, and ordered that Trustee was/is authorized to sell the Property to Buyer on an "AS IS" basis, without representation or warranty of any kind, pursuant to 11 U.S.C. § 363 as set forth in the APA. A certified copy of the Bankruptcy Court's Order is attached hereto as Exhibit "B".

NOW, THEREFORE, I, the undersigned Trustee in Bankruptcy, by virtue of the rights and powers vested in me by provisions of the Bankruptcy Code and by Order of the Bankruptcy

Court, and for and in consideration of the sum of Ten Dollars and other valuable consideration as described more fully in the APA, receipt of which is hereby acknowledged, release and quitclaim unto Buyer, without representation or warranty of any kind, all right, title, and interest of Trustee and Debtor's bankruptcy estate in and to the Property, to have and to hold to said Buyer, its successors and assigns forever.
IN WITNESS WHEREOF, I, as such Trustee, have hereunto set my hand this	�ay	 of May, 2015.

Signed, sealed and delivered in our presence:

E, Chapter 7 Trustee for the Bankruptcy Estate of Ranch Road Lake, LLC
8909 Ladue Road
St. Louis, Missouri 63124

STATE OF MISSOURI	)
) ss
COUNTY OF ST. LOUIS	)
On this I/� day of May, 2015, before me, a Notary Public in and for the State of Missouri, personally appeared David A. Sosne, Chapter 7 Trustee for the Bankruptcy Estate of
Ranch Road Lake, LLC, a Florida limited liability company, to me personally known to be the person described in and who executed the foregoing instrument and deed as said Trustee, for the purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Notarial Seal in the County and State aforesaid, the day and year last above written.

MARQUITA MONROE
MyCormission Expinls
Apfi29,2016
St Louis Coooty
Commission 112546071

\

EXHIBIT "A"
LEGAL DESCRIPTION

PARCEL l:

The North one-half (N 1/2) of the North one-half (N 1/2) of the South one-half (S 1/2) of Section 14, Township 32 South, Range 38 East, Indian River County, Florida; said land lying and being in Indian River County, Florida.

LESS AND EXCEPT all those parts thereof transferred and conveyed to Sebastian River Drainage District by Quit Claim Deed dated June 10, 1940 and recorded in Deed Book 32, Page 177, public records of Indian River County, Florida, as rights of way for canals and other drainage purposes as set forth in said Quit Claim Deed.

FURTHER LESS AND EXCEPT the North 30.00 feet thereof as conveyed in 0. R. Book 1982, Page 2439, Public Records oflndian River County, Florida.

PARCEL II:

The South one-half (S l /2) of the following described property:

The North one-half (N 1/2) of the South one-half (S 1/2) of Section 14, Township 32 South, Range 38 East, Indian River County, Florida; said land lying and being in Indian River County, Florida.

LESS AND EXCEPT all those parts thereof transferred and conveyed to Sebastian River Drainage District by Quit Claim Deed dated June 10, 1940 and recorded in Deed Book 32, Page 177, public records of Indian River County, Florida, as rights of way for canals and other drainage purposes as set forth in said Quit Claim Deed.

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

In re:

RANCH ROAD LAKE, L.L.C.,

Debtor.

)	Involuntary Chapter 7
)
)	Case No. 14-40386-659
)
)	Honorable Kathy A. Surratt-States
)
)	Hearing Date: April 27, 2015
)	Hearing Time: 10:00 am
)
)	Objection Deadline: April 23, 2015
)	(at 5:00pm prevailing Central Time)

ORDER GRANTING MOTION FOR ORDER {A) APPROVING THE SALE OF ASSETS AND (B) APPROVING DISBURSEMENTS FROM PROCEEDS OF SALE
This matter came before the Court on the Motion for Order (A) Approving the Sale of
Assets and (B) Approving Disbursements from Proceeds of Sale (the "Sale Motion") filed by

David A. Sosne ("Trustee"), Chapter 7 Trustee for the bankruptcy estate of Ranch Road Lake,

L.L.C. ("Debtor") with respect to the sale of the Acquired Assets,1 as more specifically described in the Sale Motion. The Sale Motion sought this Court's approval of a proposed asset purchase
transaction by and between Trustee and Stewart Mining Industries, Inc. ("SMI") or other Successful Bidder. After due and appropriate notice of the Sale Motion and consideration of the record in this matter, including all facts and other evidence submitted and proffered on the record at the hearing conducted on April 27, 2015, which facts and evidence are deemed incorporated herein, upon due deliberation,
THE COURT HEREBY FINDS AS FOLLOWS:2

Page 105

Jurisdiction and Final Order

This Court has jurisdiction to hear and determine the Sale Motion pursuant to 28
U.S.C. §§ 157(b)(l) and 1334(a). This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (N), and (0). Venue in this District and Division is proper pursuant to 28 U.S.C.
§§ 1408 and 1409.

This Order comprises a final and appealable order under 28 U.S.C. § 158(a).

Notwithstanding Bankruptcy Rules 6004(h) of the Federal Rules of Bankruptcy Procedure, this Court finds that no cause exists to delay the implementation or effectiveness of this Order and cause exists to permit this Order to become final in order to permit the transaction/s authorized herein. As a result, this Order shall not be stayed and shall be effective immediately upon its entry upon the docket of this Court.
Sale Procedures, Notice of Sale Motion (Section 363(b)) and Auction Conduct

On January 22, 2014 (the "Petition Date"), creditors of Debtor filed an involuntary petition against Debtor under Chapter 7 of Title 11 of the United States Code, 11
U.S.C. §§ 101 et seq., as amended (the "Bankruptcy Code").

The Order for Relief was entered in Debtor's bankruptcy proceeding on April 23, 2014, and Trustee was appointed as the Chapter 7 trustee for Debtor's bankruptcy estate on April 24, 2014.
On or about March 20, 2015, Trustee filed his Motion for Order (I) Approving Bidding Procedures; (II) Approving Break-Up Fee; (III) Authorizing Auction; and (IV) Setting a
Hearing on the Approval of the Sale of Assets (the "Procedures Motion"). The Procedures

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pursuant to Bankruptcy Rule 9014. When appropriate and applicable, findings of fact herein shall be co�sftti��-		·'\-, conclusions oflaw and conclusions oflaw herein shall be construed as findings of fact. See Fed. R. Bar$f". P.W.	f		\.:,.

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Motion sought, among other things, this Court's approval of the Bid Procedures to establish Qualified Bidders and the procedures for conduct of the Auction.
This Court approved the Procedures Motion, along with proposed Bidding

Procedures by order dated March 26, 2015 (the "Procedures Order'').

As evidenced by the Certificate of Service filed by the Trustee on March 20, 2015, the Trustee served a copy of the Sale Motion (including a copy of the proposed Asset
Purchase Agreement dated February 5, 2015, as amended, (the "APA")), Notice of the Sale Motion, and the Procedures Order (including the Bid Procedures), to the parties on the Debtor's matrix, other parties requesting notice in the Debtor's Chapter 7 case and potential purchasers/bidders and other interested parties that expressed an interest in the Acquired Assets.
The Notice of the Sale Motion disclosed the material terms of the proposed sale as well as the date set for the proposed auction, the time within which objections could be filed and served, and the date, time, and place of the hearing on any timely objections.
Service of the Sale Motion with the attached APA, the Notice of the Sale Motion and the Procedures Order was provided in accord with Section 363(b) of the Bankruptcy Code and Bankruptcy Rules 2002 and 6004. As a result, the referenced notice was timely, proper, and appropriate under the circumstances. No further notice need be given of the Sale Motion, the Auction, or the Sale Hearing.

The Auction process set forth in the Procedures Order afforded a full, fair and reasonable opportunity for any entity or person to make a higher or otherwise better offer to purchase the Acquired Assets.

1586391-2	3

The Auction was duly noticed and conducted in a non-collusive, fair and good faith manner, and a reasonable opportunity was given for any entity or person to make a higher and better offer for the Acquired Assets.
Highest and Best Offer and Value Proffered

The Asset Purchase Agreement dated April 17, 2015, as may be amended (the

"Final APA") submitted by BayTree Ventures, LLC (the "Purchaser"), a duplicate of which is attached hereto as Exhibit "A", constitutes the highest and best offer for the Acquired Assets and will provide greater proceeds for the bankruptcy estate and affected creditors and greater benefits for other parties in interest than would be provided by any other available alternative.
The Trustee's determination that the Final APA comprises the highest and best offer for the Acquired Assets constitutes a valid and sound exercise of the Trustee's business judgment.
The Final APA represents a fair and reasonable offer to purchase the Acquired Assets under the circumstances of this case. No other entity/ies or person/shave offered to purchase the Acquired Assets for greater economic value to the bankruptcy estate than Purchaser.
0.	The consideration to be paid and provided by Purchaser under the Final APA is fair and adequate and constitutes reasonably equivalent value and fair consideration under the Bankruptcy Code and under the laws of the United States and all other applicable law.
Section 363(f)
Purchaser would not have entered into the Final APA and would not consummate the transactions thereunder if the sale of the Acquired Assets was not free and clear ofliens,
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Purchaser under the Final APA or specifically excepted in the Final APA (such as title exceptions)).
The Trustee may sell the Acquired Assets free and clear of all liens, claims and interests (except for those specifically assumed by Purchaser under the Final APA or specifically excepted in the Final APA (such as title exceptions)) because one or more of the standards set forth in Section 363(f)(l-5) of the Bankruptcy Code has been satisfied. Those holders of liens, claims, and interests against any of the Acquired Assets who did not object, or who withdrew their objections, to the Sale Motion are deemed to have consented thereto pursuant to Section 363(f)(2) of the Bankruptcy Code.
Section 363(m)
Purchaser, Trustee and the Debtor are not affiliated with each other, nor are they insiders of each other as that term is defined in Section 101(31) of the Bankruptcy Code. There are no common incorporators, executive officers, directors, or members between Purchaser and the Debtor.
The proposed sale does not constitute a de facto merger or consolidation, and there is no continuity between Purchaser and the Debtor.
The proposed sale comprises a transaction between the Trustee and a non-insider, non-affiliated party after a comprehensive marketing process where numerous parties had the opportunity to evaluate the Acquired Assets and offer to purchase them, an active bid process and an Auction with multiple participants.
Purchaser comprises a good faith purchaser of the Acquired Assets.

General Findings

1586391-2	5

The Trustee has full power and authority to execute and deliver the Final APA and all other documents contemplated thereby and thereunder, and no further consents or approvals are required for the Trustee to consummate the Sale contemplated by the Final APA, except as otherwise set forth in the Final APA or herein.
As of Closing, the transfer of the Acquired Assets to Purchaser will be a legal, valid and effective transfer of those assets and vests, or will vest, Purchaser with all right, title and interest of the bankruptcy estate to the Acquired Assets free and clear of all liens, claims and interests accruing, arising or relating thereto at any time prior to Closing, except for those
specifically assumed by Purchaser under the Final APA (the "Assumed Liabilities") or specifically excepted in the Final APA (such as title exceptions).
The Trustee has presented sufficient evidence, including evidence provided by offer of proof, and articulated good cause for this Court to grant the relief requested in the Sale Motion.
Approval of the Sale Motion and the APA and the consummation of the sale contemplated therein are in the best interest of the bankruptcy estate.
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
General Provisions

The relief requested in the Sale Motion, and the sale contemplated thereby and by the Final APA, is granted and approved, subject in all respects to the terms and conditions contained in this Order. All objections to the Bid Procedures, the Break-up Fee, the Auction, the Sale Motion, or the relief requested therein are hereby overruled.

1586391-2	6

Those parties having interests in property of the estate who did not object to the Sale Motion are deemed to have consented to the relief hereunder pursuant to Section 363(f)(2) of the Bankruptcy Code
Approval of the Final APA

The Final APA, as attached hereto and modified by the terms of this Order, is hereby approved in its entirety and incorporated herein by reference.
Pursuant to Section 363(b) of the Bankruptcy Code, the Trustee is authorized to take any and all actions necessary or appropriate to (a) consummate the sale contemplated by the Final APA in accord with its terms and conditions, (b) close the sale contemplated by the Final APA and this Order, (c) execute and deliver the Final APA and take all other actions necessary and/or appropriate to effectuate the transactions contemplated by the Final APA and this Order, together with all instruments and documents set forth, described, or referenced in the Final APA, and (d) fulfill all other obligations stated in the Final APA, all without further order of this Court.
Transfer of the Acquired Assets and Assumed Agreements

The Trustee is authorized (a) to sell the bankruptcy estate's interest in the Acquired Assets to Purchaser, or its assign/designee, pursuant to Sections 363(b) and (f) of the Bankruptcy Code and (b) to assign the Assumed Liabilities to Purchaser, or its assign/designee, pursuant to Section 365 of the Bankruptcy Code. The Acquired Assets shall be transferred to Purchaser on an "AS IS, WHERE IS" basis, free and clear of any liens, claims, interests, assessments and encumbrances pursuant to 11 U.S.C. § 363 (except as otherwise stated in the Final APA), and any such valid liens, claims, interests, assessments and encumbrances, shall attach to the proceeds of sale to the fullest extent permissible under Section 363(f) of the Bankruptcy Code.

1586391-2	7

The transfer of the Acquired Assets to Purchaser (a) is or shall be a legal, valid, and effective transfer of the Acquired Assets; authorized and directed pursuant to the Bankruptcy Code, and (b) vests or shall vest Purchaser with all right, title, and interest of the bankruptcy estate in and to the Acquired Assets free and clear of all claims and encumbrances (other than Purchaser's obligations under the Final APA, those specifically excepted in the Final APA (such as title exceptions) and the Assumed Liabilities), to the full extent of Section 363 of the Bankruptcy Code.
Any and all persons and entities that presently, or as of Closing may be, in possession of the Acquired Assets are hereby directed to surrender possession of the Acquired Assets to the Trustee prior to Closing or to Purchaser on the Closing Date.
Except as expressly permitted or otherwise specifically provided by the Final APA or this Order, all entities holding liens, claims and interests in all or any portion of the Acquired Assets (other than the Assumed Lialibities and items specifically excepted in the Final APA (such as title exceptions)) arising under or out of, in connection with, or in any way relating to the Trustee, Debtor, the Acquired Assets, the operation of the Debtor's business prior to closing, or the transfer of the Acquired Assets to Purchaser, are forever barred, estopped and permanently enjoined from asserting against Purchaser, or its successors or assigns, their property or the Acquired Assets, any such liens, claims and interests in and to the Acquired Assets.

Page 112

On the Closing Date, each creditor is authorized and directed to execute such documents and take all other actions as may be necessary to release liens, claims and interests on and in the Acquired Assets, if any, as provided for herein, as such liens, claims and interests may have been recorded or may otherwise exist.

1586391-2

the Final APA, the Trustee hereby is authorized and directed, and Purchaser is hereby authorized, to file termination statements or lien terminations in any required jurisdiction to remove any record, notice filing, or financing statement recorded to attach, perfect, or otherwise notice any lien or encumbrance that is extinguished or otherwise released pursuant to this Order under Section 363 and the related provisions of the Bankruptcy Code.
A certified copy of this Order may be filed with the appropriate clerk and/or recorded with the appropriate recorder, secretary of state, or other filing office to act to evidence the cancellation and release of any of the liens, claims and interests ofrecord. To that end, this Order is and shall be binding upon and govern the acts of all entities including, without limitation, all filing agents, filing officers, title agents, title companies, recorders or registrars of mortgages or deeds, administrative gencies, governmental departments, secretaries of state, federal and local officials, and all other persons and entities who may be required by operation of law, the duties of their office, or contract, to accept, file, register or otherewise record or release any documents or instruments, or who may be required to report or insure any title or state of title in or to any lease; and each of the foregoing entities hereby is directed to accept for filing any and all of the documents and instruments necessary and appropriate to consummate the transactions contemplated by the Final APA.
Disposition of Sale Proceeds

The commission of the Realtor, calculated as set forth in the listing agreement between the Trustee and Realtor previously approved by this Court, plus an additional Fifteen Thousand and 00/100 Dollars ($15,000.00) (collectively the "Commission'')3, is hereby

approved as reasonable and shall be paid from the proceeds of sale as hereafter described.

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3 Per representations of counsel at the hearing on this matter, the additional $15,000.00 payment to Realtor wt'?l		'	�. agreed and consented to by and between Bank and Trustee.	·;I	• .(''r1 ):		'

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At closing, the Trustee is authorized to pay and shall satisfy, from the proceeds of sale, the following debts, amounts, and other expenses and costs in the following order:
The Breakup Fee and return of Deposit to SMI.

Closing costs, if any, including, but not limited to, the Commission.
Superpriority administrative claim of Bank.

All obligations secured by the valid security interests of Bank, subject to and in accordance with prior Orders of this Court (such as the Trustee's carve-out for administrative claims, including the Trustee's commission, the Trustee's attorneys' fees and fees of his other professionals, the Trustee's expenses and other administrative claims incurred by the Trustee), as well as any and all other valid liens and encumbrances; except that if the final administrative carve-out figures cannot be finalized at or soon after closing on the sale of the Acquired Assets, Trustee shall be entitled to hold back sufficient funds to cover estimated administrative expenses and claims.
Any remaining funds and the funds subject to the above-described carve-out to be paid into the Trustee's bank account.4
Other Provisions

The purchase of the Acquired Assets shall not cause Purchaser to be deemed a successor in any respect to the Debtor. Accordingly, the transfer of the Acquired Assets to Purchaser will not subject Purchaser to any liability with respect to the operation of the Acquired Assets prior to Closing or by reason of such transfer under any theory of law or equity including,

4 Trustee notes that, pursuant to the Final APA, Trustee and the Purchaser are to use best efforts to agree upon an � 1,ankJ? _ allocation of any purchase price for the Acquired Assets for federal, state and local tax purposes. However, th�e,	�;(', allocation is not intended to be binding upon the secured lenders for the purpose of determining the dispositiotl of		-;;.,-.,,.
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without limitation, any theory of equitable subordination or successor or transferee liability, except for those specifically assumed by Purchaser under the Final APA or specifically excepted in the Final APA.
Purchaser is not affiliated with the Trustee or the Debtor, is not an "insider" as that term is defined in Section 101(31) of the Bankruptcy Code, and is a good faith purchaser of the Acquired Assets, and, thus, is entitled to the full protections of Section 363(m) of the Bankruptcy Code. Moreover, the transactions contemplated by the Final APA are being undertaken by Purchaser in good faith, as that term is used in Section 363(m) of the Bankruptcy Code, and accordingly, the reversal or modification on appeal of the authorization provided herein to consummate the sale shall not affect the validity of the sale to Purchaser. Without limiting the generality of the foregoing, in the absence of a stay pending appeal of this Order, if Purchaser consummates the sale at any time after entry of this Order; then with respect to the sale, Purchaser shall be entitled to the protections of Section 363(m) of the Bankruptcy Code if this Order or any authorization contained herein is reversed or otherwise modified on appeal.
The consideration provided by Purchaser for the Acquired Assets under the Final APA (a) is and shall be deemed to constitute reasonably equivalent value and fair consideration given to the Trustee in exchange for its right, title, and interest in and to the Acquired Assets under the Bankruptcy Code and under the laws of the United States or other applicable law and
(b) is fair and reasonable. Neither the consideration nor the Final APA may be avoided under Section 363(n) or any other provision of the Bankruptcy Code or applicable non-bankruptcy law.

The dismissal of this pending Chapter 7 case shall not affect the validity of the Final APA and/or the Sale.

1586391-2	11

The Final APA and any related agreements, documents or other instruments may be modified, amended or supplemented by the parties thereto, and in accord with the terms hereof without further order of this Court, provided that any such modification, amendment or supplement does not have a material adverse effect on the bankruptcy estate.
No bulk sales law or any similar law of any state or other jurisdiction applies in any way to the sale under the Final APA.
To the extent that there are any inconsistencies between the terms of this Order and the Final APA (including all ancillary documents executed in connection therewith), the terms of this Order shall govern.
The provisions of this Order are nonseverable and mutually dependent.
This Court shall retain jurisdiction to, among other things, enforce, interpret and implement the terms of this Order and the Final APA, all amendments thereto and any waivers and consents thereunder, each of the agreements executed in connection therewith to which the Trustee is a party or which has been or will be assigned by the Trustee to Purchaser, and to adjudicate, if necessary, any and all disputes concerning or relating in any way to the sale.
No later than five (5) days after the date of this Order, Trustee shall serve a copy of this Order on the parties to this matter not receiving service by electronic filing and shall file a
Certificate of Service no later than one (1) business day thereafter.

KA:/iY 

�a11	a.Zurtncclf-�
 SURRATT-STATES
Chief United States Bankruptcy Judge
DATED: April 28, 2015
St. Louis, Missouri
.iih	CERTIFIED AS A TRUE COPY
OF THE. ORIG�I� D,99{J�'.t'

Filed:	 :_.LAd'J lo 
J
Total# Pages of Docwn�pt (With Attachments) :. 7'/ 
Attest: Dana C. McWay

By: •

1586391-2

Order Prepared by:

Brian J. LaFlamme 8909 Ladue Road
St. Louis, MO 63124 blaflamme@summerscomptonwells.com

Copies to:

United States Department of Justice
U.S. Trustee's Office
111 S. I 0th Street, Ste. 6353 St. Louis, MO 63102

Enterprise Bank and Trust One US Bank Plaza, Ste. 2600 St. Louis, MO 63101
Thomas S. Hammond, Manager BayTree Ventures, LLC
5955 82nd Avenue Vero Beach, FL 32966

Jonathan A. Margolies
McDowell Rice Smith & Buchanan 605 W. 47th Street, Suite 350 Kansas City, MO 64112

Steven Smith POB 643327
Vero Beach, FL 32964

Ron Lambert
Lambert Commercial Real Estate, Inc. 2945 20th Street
Vero Beach, FL 32960

Nicholas A. Franke
The Franke Law Firm LLC
P.O. Box 270952
St. Louis, MO 63127-0592
David A. Warfield Thompson Coburn LLP One US Bank Plaza
St. Louis, MO 63101

Richard Camell
1900 Old Dixie Highway Fort Pierce, FL 34946

Michael G. Thorpe Kimberly Hardin Thorpe
Treasure Coast Sotheby' s International Realty 3402 Ocean Drive
Vero Beach, FL 32963
Robert E. Eggmann, Esq. Desai Eggmann Mason LLC
7733 Forsyth Boulevard, Suite 800 St. Louis, Missouri 63105

David A. Sosne 8909 Ladue Road

St. Louis, MO 63124

1586391-2	13

EXHIBIT
I 	,A.	.	

Final 4·17-15

ASSET PURCHASE AGREEMENT
TilIS ASSET PURCHASE AOREEMENT (this "AirtcSiJDeot"), dated as of April 17, 2015, is made and entered into by and between David A. Sosne, Chapter 7 Truste.e for the Bankruptcy Estate of Ranch Road Lake, L.L.C, ("Seller"), and BayTree Ventures, LLC("Buyer").

RECITALS
WHEREAS, on January 22, 2014 (the "Petition Date"), aeditors of Ranch Road Lake, L.L,C. (the �Debtor") fiJed an involuntary petition against Debtor lltlder Chapter 7 of Title 11 of
·the United States Code, 11 U.S.C. §§ 101 et seq., as amended (the "Bankruptcy Code").
WHEREAS, the Order for Relief was entered in Debtor's bankruptcy proceeding on April 23, 2014, and Seller was appointed as the Chapter 7 trustee for Debtor's bankruptcy estate on April 24, 2014.

WHEREAS, Debtor's bankruptcy case remains pending as Case No. 14-40386-659, in the United States Bankruptcy Court for the Eastern District of Missouri (the �Bankruptcy Coyrt").
WHEREAS, among the assets of the minkruptcy estate is Debtor's Petition Date interest in certain real property addressed as 8:2l1c1Avenue, Vero Beach, Indian River County, FL 32967, and more particularly described on Schedule 1,la, attached hereto.
WHEREAS, on the terms and subject to the conditions set forth in this Agreement, Buyer desires to purchase from Seller, and Seller desires to sell to Buyer, the Acquired Assets, as defined herein.
AGREEMENI
NOW, THEREFORE, in consideration of the foregoing and the respective representations, warranties, covenants and undertakings herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree as follows:
ARTICLE!
PURCHASE AND SALE OF THE ACQUIRED ASSETS

Transfer of Acquired Assets. At Closing, and upon the terms and conditions herein set forth, Seller shall sell, transfer, assign, convey and deliver to Buyer, and Buyer shall acquire from Seller, all of Seller's right, title and interest in and to the Acquired Assets, pursuant to and in accordance with Sectio11 363 of the Bankruptcy Code, on an "AS IS, WHERE IS" basis, with no representations; warranties or guaranties of any kind, except as explicitly set forth jn this Agreement. The "Acquired Assets" shall include the following property:

Final4-17-15

and/or mining rights that CU$tom!;lrily are defined a$ real property, and llllY and all plumbing, air conditioning, heating, ventilating. mechanical. electrical, and other utility systems, facilities, security devices, signs and light fixtures as well as the bridge that provides access to the real estate (collectively, the "Real Property''):
Personal Property. All tangible personal property physically located in, on, or assoclated with the Real Property, including without lunitation, the following: office furniture and equipment; supplies; spare parts; inventory (including sand inventory); insurance proceeds or other insurance recoveries to the extent such rights relate todamaged property that have not been fully repaired or replaced (except to the extent of the rights of third parties which arc additional insured or loss payees); any and all permits, including but not limited to project governmental permits and right of way permits; existing project payment/performance bonds; remaining mining material or mining project interests and intangible property interests; and federal and state or other governmental registrations; all of which are conveyed to the extent such are transferrable under applicable law (collectively "Personal Property");
Reclamation Deposit. },\II right, title and interest of Seller in and to the Reclamation Deposit, as defined in Article 2. or any�efund thereof.
Excluded Assets. Notwithstanding anything to the contrary in this Agreement, the Acquired Assets are the only properties and assets transferred to, or otherwise acquired by, Buyer under this Agreement. Without limiting the generality of the foregoing, any right, title or interest of any person/entity other than Seller in any property or asset localed on the Real Property shall not be included in the Acquired Assets (all properties and assets not being acqwred by Buyer are herein collectively referred to es the "Excluded Assets").
Assumption of Liabilities. Subject to the terms and conditions set forth in this Agreement, at Closing, in consideration for the sale, assignment, conveyance, transfer and delivery of the Acquired Assets to Buyer, Buyer will assume and pay, perfonn end discharge when due and otherwise in accordance with the terms of this Agreement, only the liabilities of the Debtor specified hereafter in this Agreement and/or described on Schedule l.3 (collectively, the "Assumed Liabilities").. if any.
Excluded Liabilities, SeJler shall retain all liabilities and obligations that are not Assumed Liabilities (collectively, the "Excluded Liabilitie�"),
1.S	Due Diligence.	�CJ':> aank1t«)_...c·.
Buyer has conduc1ed all necessary and/or desired due diligence to close oi "	�	/4# 'J--��
the sale of the Acquired Assets.	�	/f/.,�•.;1,:)ti� �:

ARTICLE 2

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PURCHASE PRICE AND ADJUSTMENTS	1?,	:-4- r;ti-�,,JJ'\ _t�	'::·
Purchase Price. The purchase price (IOPurchase P.ri£Q") for the Acquired Assets shall �:;_�;"'·;' •	..,.e

be��hit\oi�l-+!:MH:+te1:21181ttl AND 00/l 00 DOLLARS ($9-40,80\06'), the assumption by Buyer of the Assumed Liabilities and the mutual releases of the l>arties,	\	.

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Final 4-17-IS

Allocation. On the Closing Date, Seller and Buyer will use their best efforts to agree upon an111Jocation of the Purchase Price coveting the Acquired Assets for federal, state and local tax purposell (the 11Purchase Price Allocation"). Buyer and Seller shall report the Purchase Price Allocation on their federal income ta,c returns and covenant and agree to not ta take any position in any tax return or filing, or examination or other administrative or judicial proceeding relating to any tax return or filing, that is inconsistent with the Purchase Price Allocation.
Payment of Purchase Price, The Purchase Price shall be payable as follows:

A deposit of One Hundred Thousand AND 00/lOO Dollars ($100,000.00) (the "Earnest Money"), is being or has been deposited into� trust accowit of Summers
Compton Wells LLC, in accord with the Order of the Bankruptcy Court dated March 20, 2015, containing Bid Procedures, such deposit to be held in escrow in accordance with the terms and conditions of this Agreement.
The remainder of the Purchase Price shall be paid to Seller by wire transfer of immediately available United States funds at Closing to such account(s) as may be directed by Seller or the Bankruptcy Court.
Additional Consideration.
Unless otherwise state� to the contrary in this Agreement, all costs associated with c.losing and/or the transfer of the Acquired Assets, including without limitation, transfer, documentary or other similar taxes, stamps, fees, or duties arising out of the sale, and/or title commitments, surveys, or recording fees, shell be the responsibility of Buyer, ex-eluding those costs identified on Schedule 2.4, which shall be borne by Seller, and any and all brokerage fees or commissions incuned by the Seller in connection with the sale of the Acquired Assets> which shall be the responsibility of Seller.
Buyer shall be responsible for au costs associated with transferring or obtaining any and all permits desired for business activities upon the Real Property, excluding those costs identified on Schedule 2.4. which shall be borne by Seller. Se11er shall execute all commercially tfflSQnable documents to tnmsfer or assign any pennits requested by Buyer. However. Seller makes no representations, warranties or guaranties that any such permits arc transferrable or subject to assignment.
Buyer and Seller shall each be responsible for their own attorneys' fees incurred in connection with the sale of the Acquired Assets, except as set forth in Paragraph 8.3 of this Agreement.
Earnest Money. The Earnest Money shall be returned to the Buyer in the event that:
(i) Buyer terminates this Ag,eement in accordance with Section 11.2 of this Agreement; or (ii) the
Acquired Assets are sold to any other party in the event of an auction sale of the Acquired Assets,	ean., _
as described in herein below. The�arnest Money deposit shall be payable to the Seller upon default	��S	"l(�F<.·.
of the Buyer under the terms ofth1s Agreement, or applied to the Purchase Price upon Closing.�	:	->·\�.
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Final 4-17-lS

Reclamation Deposit. Pursuant to appJicable law, prior to the Petition Date, Debtor deposited certain sums for site plan compliance, site restoration and security for haul route maintenance for the: Real Property (collectively, the "Reclamation Deposit"), as required by the County oflndian River, Florida (the "Crumtt"), with said County. As of the date of this Agreement and to the best knowledge of Seller, the current Reclamation Deposit held by the County is in the amount of One Hundred Thirty Thousand Nine Hundred Ten and 00/100 Dollars ($130,910.00)
plus Three Thousand and 00/100 Dollars (S3,000.00) for road maintenance for 82nd Avenue. To
the cxtont actual reclamation costs exceed the Reclamation Deposit, Buyer shall be responsible to cure and pay such deficiency. Alternatively, if actual reclamation costs arc less than the Reclamation Deposit, Buyer shall be entitled to receive any refund of the Reclamation Deposit from tile County. Buyer shall be responsible for taking the necessary steps to transfer and assume the Reclamation Deposit and the plan with the County, at Buyer's expense, and Seller shall execute all commercially reasonable documents necessary to facilitate same.
ARTICLE3 CLOSING AND DELIVERIES

Closing. The consummation of the transactiom contemplated hereby (the "Clo&inii") shall take place at the office of Summers Compton Wells LLC, 8909 Ladue Road, St. Louis, Missouri 63124, or other location agreed to by S�ller and Buyer in writing, within seventy-two (72) hours after the first date on which all conditions to the Closing, detailed hereafter, shall have been satisfied or waived, but in no event later than the end of business on May 20, 2015, provided any delay is not caused by the actions or inactions ofBuyer. The Closing will be deemed to be effective at 11:59 p.m. (prevailing Central time) on the Closing Date.
Seller's Deliveries at Closing. At the Closing, Seller wiJI deliver to Buyer:
A bill of sale substantially in the form set forth in Exhibit "A" attached
hereto;
A Trustee's Quit Claim Deed for the Real Property, substantially in the form set forth in Exhibit t'B" attached hereto, executed and acknowledged by Seller and in proper form for recording, conveying to Buyer Jnsurable title to the Real Property, subject to any and all exceptions contained in any title commitment obtained by Buyer and those exceptions described on Schedule 3.lb.
A certified copy of the Sale Order.
Such assignments or other documents required to transfer or assign any requested permits, to the extent permitted by law, and all consents obtained by Seller from necessary third parties and/or governmental agencies.

(a)	The Purchase Price;

4

Seller:

Final 4-17-15

A certificate of Buyer in the form of Exhibit "C", certifying as to the accuracy in ell material respects of the representations and warranties of Buyer, cont11incd in this Agreement. as of the Closing and further certifying that Buyer has performed and complied in all material respects with all the terms, proYisions, and conditions to be performed and complied with by Buyer, pursuant to this Agreement. at or before the Closing;

All necessary documents that co\Ulsel for SeJler may reasonably determine to be required or appropriate to assume the obligations, which Buyer has agreed to 8"Ume hereunder.		'
3.4	Mutual Release of Claims.
Except as otherwise iet forth herein, upon the closing of the sale contemplated hereby, Seller, on behalf• of himself and his successors, assigns, representatives, agents, employees, and attorneys, does hereby unconditionaJJy and irrevocably release Buyer and Buyer's affiliates, successors and assigns from and against any and all direct, indirect or derivative claims, obligatlons, suits, judgments, liens, interests, damages, righta, causes of action, liabilities, claims or lights of contribution and indemnification, and all other controversies of every type, kind, nature, description or character whatsoever, whether liquidated or unliquidated, fixed or contingent, matured or unmatured, known or unknown, foreseen or unforeseen, then existing or thereafter arising, in law, equity or otherwise, that are based in whole or in part upon any act or omission, transaction, event or other occunence arising from or relating in any way, directly or indirectly, to the Seller and property of the bankruptcy estate, except and excluding those obligations of Buyer, created pursuant to this Agreement and described herein, that survive Closing.

ARTICLE4  REPRESENTATIONS AND WARRANTIES OJ' SELLER

Except as otherwise set forth herein, upon the closing of the sale contemplated hereby, Buyer, on behaff of itself and its affiliates, successors, assigns, representatives, agents, employees, partners, officers, members, managers, and all those who claim by or through them, and their heirs, personal representatives and assigns, does hereby unconditionally and irrevocabJy release Seller and Seller's successors, assigns, representatives, agents, employees, and attorneys from and against any and all direct, indirect or derivative claims, obligations, suits, judgments, liens, interests, damages, rights, causes of action, liabilities, claims or rights of contribution and indemnification, and all other controversies of every type, kind, nature, description or character whatsoever, whether liquidated or unliquidated. fixed or contingent, matured or unmaturcd, known or unknown, foreseen or unforeseen, then existing or thereafter arising, in law. equity or otherwise, that are based in whole or jn part upon any ,ct er omisaion, transaction, event or other occurrence arising from or relating in any way, dirudy or indirectly, to the Buyer, its property, assets, operations or liabilities, except and tulwffng 1hose obligations of Seller, created pursuant to this Agreement and deteribcd betcin, that survive Closing.

Fina14-17-15

Power a_nd Authority, Seller is the duly appointed and acting Chapter 7 Trustee for Debtor's bankruptcy estate. Subject to approval of the Bankruptcy Court, (l) Seller has all requisite power and authority to enter into this Agreement and carry out all of the obligations under this Agreement, and (2) this Agreement constitutes a legal and binding obligation of Seller enforceable against Seller in accordance with its terms.
No Transfer of Acguircd Assets. Seller has not disposed of, transferred or agreed to transfer any of the Acquired Assets subsequent to Sellefs execution of this Agreement, other than any disposition or other transfer of the Acquired Assets as approved by the Bankruptcy Coun prior to Closing.

No Litigation. Other than the Chapter 7 proceeding of Debtor and any causes of action brought under the Bankruptcy Code or in Debtor's bankruptcy case, to the best knowledge of the Seller, there ere no actions, suits or proceedings pending or threatened in any court or before any 2tdministrative agency which would prevent Seller from completing the transaction contemplated herein.
Sellers Disclaimer. EXCEPT AS OTHERWISE SET FORTH HEREIN, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEOAiES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES. PROMISES, COVENANTS, Ac;iREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT ORFUTIJRE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NAWRB. QUALITY OR CONDITION OF THE ACQUIRED ASSETS, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY; (B) THE INCOME TO BE DERIVED FROM THE ACQUIRED ASSETS; (C) THE SUITABILITY OF THE REAL PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH BUYER OR ANYONE ELSE MAY CONDUCT THEREON; (D) THE COMPLIANCE OF OR BY THE REAL PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY; (E)
nm HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR

PROVIDED OR TO BE PROVIDED BY SELLER. BUYER FURTIIBR ACKNOWLEDG_�e=>�.ankq�.1. AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED �	(}.. RESPECT TO THE REAL PROPERTY OR ANY OF THE ACQUIRED ASSETs_.!IA��

FITNESS FOR A PARTICULAR PURPOSE OF THE ACQUIRED ASSETS; (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, lF ANY, INCORPORATED INTO THE REAL PROPERTY; (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OP THE ACQUIRED ASSETS; OR {H) ANY OTHER MATIER WITH RESPECT TO THE ACQ1)IRED ASSETS, AND SPECIFICALLY, THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITII ANY ENVIRONMENTAL PROTECTrON, POLLUTION, ZONING OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE IN OR ON Tim REAL PROPERTY OF HAZARDOUS MATERIALS (AS DEFINED BELOW). BUYER FURTHER ACKNOWLEDGES AND AGREES THAT, HAVlNG BEEN GIVEN TI-IE OPPORTIJNITY TO INSPECT THE REAL PROPERTY, BUYER IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE REAL PROPERTY AND NOT ON ANY INFORMATION

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OBTAINED FROM A VARIETY OF SOURCES AND TIIAT SEU.ER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE REAL PROPERTY, OR THE OPERATION THEREOF, OR ANY OTHER ACQUIRED ASSETS FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BYLAW, THE SALE OF THE ACQUIRED ASSETS AS PROVIDED FOR HEREIN IS MADE ON AN "AS-Isn CONDITION AND BASIS WITH ALL FAULTS. IT IS UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR NEOOTIATION TO REFLECT THAT THE ACQUIRED ASSETS ARE SOLD BY SELLER AND PURCHASED BY BUYER SUBJECT TO TIIE FOREGOING. ALL PROVISIONS OF THIS SECTION 4.4 SHALL SURVIVE CLOSING OR THE TERMINATION OF THIS AGREEMENT WITHOUT CLOSING, AS APPLICABLE.

Hazard.om Materials. "Hazardous Materials" sba11 mean any substance which is or contai� (i) any "hazardoU$ sub5tance11 as now or hereafter defined in the Comprehensive Environmental Response, Compensation, and Liability Act of I980, as amended (42 U.S.C. §9601 et. seq.)["CERCLA11) or any regulations promulgated under or pursuant to CERCLA; (ii) any "hazardous waste" as now or hereafter defined in the Resource Conservation and Recovery Act (42 U.S.C. §6901 et. seq,) ("RCRA") or regulations promulgated under or pursuant to RCRA; (iii) any substance regulated by the Toxic Substances Control Act (15 U.S.C. § 2601 et. seq.); (iv) gasoline, diesel fueJ, or other petroleum hydrocarbons; (v) asbestos and asbestos containing materials, in any form, whether friable or non-friable; (vi) poJychlorinated biphenyJs; (vii) radon gas; and (viii) any additional subst�es or materials which are now or hereafter classified or considered to be hazardous or toxic under Environmental Requirements (as hereinafter defined) or the common law, or any other applicable laws relating to the Property. Hazardous Materials shall include, without limitation, any substance, the presence of which on the Property, (A) requires reporting, investigation or remediation under Environmental Requirements; (B) causes or threatens to cause a nuisance on the Property or adjacent property or poses or threatens to pose a hazard to the health or safety of persons on the Property or adjacent property; ot (C) which, if it emanat<xl or migrated from the Property, could constitute a trespass.

Environmental Requirements. Environmental Requirements shall mean all laws, ordinances, statutes, codes, rules, regulations, agreements, orders, and decrees, now or hereafter enacted, promuJgated, or amended, of the United States, the states, the counties, the cities, or any other political supdivisions in which the Real Property is located, and any other political subdivision, agency or instrumentality exercising jurisdiction over the owner of the ReaJ Property, the Rea� Property, or the use of the Real Property, relating to pollution, the protection or regulation of human health, natural resources, or the

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environment, or the emission, discharge, l'Clease or threatened release of pollutants, �f!JS Sankiz�,,.
contaminants, chemicaJs, or industrial, toxic or hazardous substances or waste

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ARTICLES REPRESENTATIONS AND WARRANTIES OF BUYER
Buyer hereby represents end warrants toSeller as of the date hereof as follows:
5.1  Organization. Buyer is a limited liability company duly organized under the laws of the State of Florida.
Power and Authority. Buyer bas all requisite power and authority to enter into this Agreement and carry out all of its obligations under this Agreement, and this Agreement constitutes a legal and binding obligation of Buyer enforceable against it ln accordance with its tenns. The representatives of Buyer who shall execute and deliver this Agreement have been duly authorized to do so by all requisite action on the part of the Buyer,
No Litigation. To Buyer's actual knowledge, there are no actions, suits or proceedings pending or threatened in any court or before any administrative agency which would prevent Buyer from completing tho transacti� contemplated in this Agreement.
5.4 Availability of Funds. Buyer ?las, and on the Closing Date will have, sufficient funds available to consummate the transactions contemplated by this Aarecment Upon request of Seller, Buyer shall provide proof of the availability of funds sufftcient to consummate the sale contemplated by this Agreement.
ARTICLE6
COVENANTS OF SELLER
Seller hereby covenants to Bqyer as follows:
Actions Before Closing. Seller shall use commercially reasonable efforts to perform and satisfy all conditions to Buyer's obligatfons to consummate the transactions contemplated by this Agreement that are to be performed or satisfied by Seller under this Agreement Seller shall use commercially reasonable efforts to obtain all approvals necessary to consummate the transactions contemplated in this Agreement prior to Closing.
Access to Properties and Records: Confidentiality. Seller shall afford to Buyer, and to the accountants, counsel and representatives of Buyer, reasonable access, during normal business hours, to all Acquired Assets throughout the period prior to the Closing Date, upon request of and reasonable advance notice by Buyer.
ARTICLE7 COVENANTS OF BUYER
Buyer hereby covenants to Seller as follows:
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Actions Before Closing Date. Buyer shall use its commercially reasonable efforts	�\:	�,.c,

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cont�mplated by this Agreement, on a timely basis, that are to be performed or satisfied by Buyer under this Agreement.
7,2 Consents, Approvals and Notifications, Buyer shall use all commercially reasonable ctforts to obtain, on a timely basis, all consents and approvals of aJJ governmental authorities, end all other persons/entities, required to be obtained by Buyer, and provide notifications to all �rsons/entities required to be notified by Buyer, to effect the transactions contemplated by this Agreement.	•
7.3 Payments and Revenues. If after the Closing, Buyer receives any payment or revenue that belongs to Seller (the right to which�snot otherwise transferred to Buyer hereunder), Buyer shall promptly remit or cause to be remitted the same to Seller, without setoff or deduction of any kind or nature.
ARTICLES
BANKRUPTCY COURT APPROVAL
This Agreement and the transactions herein described are subject to the approval of the Bankruptcy Court as provided fn this Agreement and the entry of the Sale Order.
8.l Procedures Order, SeJJcr filed a,motion with the Bankruptcy Court seeking theentry of an order (the "Procedures Order"):
approving the competitive Bidding Procedures described in Paragraph 8.5 of this Agreement;
approving the Break-up Fee and authorizing Seller to pay the Break-up Fee, as necessary, in accordance with Paragraph 8.3 of this Agreement;
authorizing Seller to conduct an auction for the sale of the Acquired Assets, on or before April 22, 2015, in St. Louis, Missouri at a time and location to be detennined by agreement of Buyer and Seller, with this Agreement serving as the initial, "stalking-horse" bid and in accordance wi1h the approved Bidding Procedures;
authorizing Seller to accept the highest and/or best offer for the sale of the Acquired Assets at the conclusion of the Auction, pursuant to the Procedures Order and approved Bidding Procedures;

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setting a hearing to be held (the "Sale Hearing") on or about April 27, 2015 (the "Sale Hearing Date"). at which (1) Seller shall seek the approval of the results of the Auction, the terms of the Successful Bid, and the sale of the Acquired Assets to, and the purchase of the Acquired Assets by, the'Successful Bidder. together with any and all related relief (including, without limitation, the authority to assume and assign, or reject, as the case may be, executory contracts and unexpired least:s) and (2) any and all objections to the proposed sale and/or the Auction will be heard by the Bankruptcy Court; and
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declaring that all objections to the Sale Motion and/or the conduct of the,#	�
Auction must be filed with the Bankruptc: Court and served upon Seller ond Buyer (•r

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Successful Bidder, if not Buyer) on or before 5:00 p.m. (Prevailing Central Time) on April 23, 2015 (the 110bjection Deadline").
Tbe Parties anticipate, and Seller used all commercially reasonable efforts to ensure, that the Procedures Order is entered by the Bankruptcy Court as soon as possible after filing of the Motion, without the need for notice or hearing, although no representations are made that the Bankruptcy Court will waive any notice or hearing requirements, A copy of the Procedures Order is attached,
Sale Order: Sale Hearjng; Auction.. Seller ftlcd a motion with the Bankruptcy Court,
to be heard on the Sale Hearing Date, seeking the entry of an order (the "Sale Order"):
approving the sale and purchase of the Acquired Assets, pursuant to Section 363(b) of the Bankruptcy Code, and the other transactions and procedures contemplated by this Agreement, on the terms and conditions set forth in this Agreement, or such higher and better offer deemed to be the Successful Bid at the conclusion of the Auction, subject to modification by the Bankruptcy Court;
including that the sale of the Acquired Assets is free and clear of all interests of any kind, including, without limitation, all liens and encumbrances, to the extent permissible under Section 363(£) of the Code, with all such interests attaching to the proceeds of sale;
including a finding that the Successful Bidder is a good faith purchaser of the Acquired Assets pursuant to Section 363(m) of the Code and is entitled to all protections thereunder, that the Successful Bidder is not a successor in Interest of the Seller. and that the Successful Bidder is entering the sale in good faith;
overruling any and all objections to the sale/purchase and other transactions contemplated by this Agreement, the conduct of the Auction, and the motion(s) seeking approval of the Procedures Order and/or Sale Orde?;
authorizing Seller, and declaring that Seller has full authority, to execute this Agreement, as may be amended, and/or the Successful Bid and to close on the sale and purchase of the Acquired Assets and to undertake the other transactions contemplated by this Agreement, that all appropriate action has been taken by Seller and that no further consents or approvals are required for consummation of this Agreement/Successful Bid;
declaring that the sale of the Acquired Assets pursuant to the terms of this Agreement/Successful Bid is fair and reasonable and is in the best interest of Debtor's creditors and the bankruptcy estate;
finding that proper notice of the sale was given and that reasonable time to object and be heard was provided to all interested parties;

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providing for the continued jurisdiction of the Bankruptcy Court to en�efo �'C)..
the terms of the Procedures Order and Sale Order; and	J?	.. ,,..	� ..

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Final 4-17-15

providing for such other matters as may be necessary, desirable or appropriate to give effect to this Agreement.
Break-up Fee.
Fee: Conditions Thereto, In the event that Stewart Mining, Inc. is not the Successful Bidder and Buyer is approved by the Bankruptcy Court as the purchaser of the Acquired Assets. and the Acquired Assets are subsequently sold to Buyer as a result of the competitive bidding process described in the Procedures Order, subject to Bankruptcy Court approval, Stewart Mining, Inc. shall be paid at Closing from the proceeds of such sale of the Acquired Assets, an amount equal to the reasonable attomeys1 fees, costs and expenses that it incurred in pursuing the purchase of the Acquired Assets, including the costs of all surveys, environmental reports and testing, and bathymetrlc reports and other data, up to and not to exceed Twenty-Five Thous11nd and 00/100 Dollars ($25,000.00) (the
"Break-up Fee"). Notwithstanding the foregoing and as a condition to Stewart Mining,
Inc.'s entitlement to receive a Break-Up Fee, Stewart Mining, Inc. shall, upon request of Seller, disclose and share all "due diligence" documents and information related to the Acquired Assets, in its possession, with all Potential Bidders, consistent with Paragraph l.S(b) of this Agreement.
Administrative Del@y. If for some reason the Bankruptcy Court of its own accord and without the parties' mutual consent, should delay, defer or reschedule the Sale Hearing, Auction or other date set forth in this Agreement to a date beyond that originally proposed to be scheduled under the terms of this Agreeme□t (an "Administrative Delay"), such event shall not result In Seller's being in breach of this Agreement.
Competitive Bidding Procedure. Seller shall rc:que3t that the Procedures Order approve and contain competitive bidding procedures {sometimes referred to in this Agreement as the "Bidding Procedures'') providing at a minimum, the following:
Promptly foJJowing the entry of the Procedures Order, Seller may provide notice to any other person who Seller believes may have an interest in acquiring the Acquired Assets ("Potential Bidders") (and, if Seller so elects or the Bankruptcy Court so directs, Seller, or his agents/representatives, may publish or publici:ze such notice in appropriate media) (1) of the entry of the Procedures Order, and (2) that Seiter will accept from suitable third parties qualifying bids to acquire all of the Acquired Assets in accordance with the procedures set forth in this Agreement Any bid or bids that seek to effect acquisition of all of the Acquired Assets by a party th11t has provided Seller with reasonable evidence of its ability to timely close the purchase of the Acquired Assets in accordance with the ter.ms of its agreement of sale (and otherwise meets the criteria contained in this paragraph) shall be deemed a qualifying bid ("Qualifying Bid"),
Any Pqtential Bidder, other than Buyer, interested in participating in the acquisition of the Acquired Assets shall have until 5:00 p.m. (Prevailing Central Time) on

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April 13, 2015, to conduct any and all necessary due diligence. Potential Bidders wishing d, �
to conduct due diligence shall notify Seller in writing of its intention and shall, withi�	7C}..
reasonable disoretion of Seller, be granted acceos to any and all Information <oncetllffll.;y �-.	'	\
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Acquired Assets and the tenns of this Agreement, upon the execution of a confidentiality agreement to be prepared by Seller, if deemed necessary

All Qualifying Bids must be submitted, prior to S:00 p.m. (Prevailing Central Time) on April 17, 2015 (the "Bid DeadJine11), to Seller's Counsel, Stephen C.
Hiotis, Summers Compton Wells LLC, 8909 Ladue Road, St. Louis, Missouri 63124, and
must:

( l)  contain an offer to purchase the Acquired Assets, in a form that is materially similar to this Agreement, together with reasonable evidence of authority to perform the offer;
contain a purchase price at least equal to the sum of the Purchase Price, the Break-up Fee, and a minimum of Five Thousand and 00/100 Dollars ($5,000.00), which must be payable in cash to on or before the Closing Date established by this Agreement;
not be subject to any contingencies, including, without limitation, any financing contingency (provided, however, that similar conditions precedent to Buyer's obligation to perform as set forth in this Agreement are pennissible);
reflect all differences between this Agreement and such proposed agreement ohale in clean and red-line versions;

be accompanied by an earnest deposit in immediately available and good funds, in an amount equal to One Hundred Thousand and 00/100 Dollars ($100,000.00), deposited in a trust account at Summers Compton Wella LLC, or other segregated trustee account of Seller consistent with the policies of the Office of the United States Trustee, and to be retained by Seller, until such time as a Closing has occurred;
include contact jnformation (name, b�iness street address; bu!!iness email address and business and any other daytime telephone numbers) for the authorized representative of the party making the bid;
include, if requested by Seller, information reasonably sufficient to confirm the bidder's financial wherewithal to close including. without limitation, certified financial statements for the most recently ended fiscal period, evidence of sources of equity or debt financing for payment of the purchase price, copies of commitment letters, or such other financial disclosures as may be available; and
in the event the 'Potential Bidder is a registered entity, evidence of authorization and approval from the Potential Bidder's board of directors or other governing bod)' for the bid and to participate in the sale, if requested by S�ller.
A Potential Bidder may modify its bid at anytime prlortothe Bid Deadline. , �e5 \3illlii,ll!o,.,
At the close of the Bid Deadline, Seller shall review and determine, in his sole discretion;,�	S..
which of the Potential Bidden shall be q:�lfied to participate in an auction ofthe��.·7JS� \.
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Assets, Immediately after such a determination has been made, Seller shall notify those Potential Bidders that are deemed to be Qualified Bidders and the terms of the initial bid to be presented at auction. Only those Potential Bidders deemed qualified (the "Qualified Bidder(s)") shall be allowed to participate in the sale auction. Buyer shall be deemed a Qualified Bidder.
Seller shall promptly provide Buyer with a copy of all Qualifying Bids received by Seller,
In the event that Seller receives any Qualifying Bids, Setler shall conduct an auction (the "Auction") for all of the Acquired Assets on or before April 22, 2015, at a time and location in St. Louis, Missouri to be determined by the mutual consent of Buyer and Seller. Due to the location of the Buyer, Seller and the Acquired Assets, Seller shall conduct the Auction via telephone but may, at his sole discretion, use video, web or other media to assist with the Auction. All Successful Bidders shall receive notice of the time and location of the Auction, as well as information concerning alternate forms of participation, within three (3) days prior to the Auction. All parties submitting Qualifying Bids, including Buyer, shall be entitled to make higher and better bids at the Auction, and the Auction shall be conducted in accordance with the following:
Only those parties specifically identified as Qualified Bidders and
only those representatives identified by the Qualified Bidders shall be entitled to attend and participate in the bidding process,
The initial bid price shall be equal to the highest Qualifying Bid submitted by a Qualified Bidder prior to the Bid Deadline.
Qualified Bidders may then submit, singularly or in conjunction with other Qualified Bidders, additional. bids in aggregated increments of at least Two Thousand Five HWldrcd and 00/100 Dollars ($2,500.00), in net present value
to Seller, and on such terms as may be ordered by the Bankruptcy Court.
Seller shall not accept or acknowledge credit bids of any kind from any Qualified Bidder.
(S) Any rival bids must be on substantially the same terms and conditions as described in this Agreement, except as to purchase price, although non-cash forms of consideration may be considerc,d by Seller if Seller determines, in its sole discretion, that there is sufficient information to evaluate the value of such non-cash bids.

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The bidding process will be conducted openly, each Qualified Bidder will have full knowledge of the terms of all prior bids, and the bidding process will continue until such time as there is only one offer determined by Seller
to be the highest and best offer for the Acquired Assets (the "Successful Bid" an� Bat1kJt� the party holding the SucOOS8ful �:d, the "Sucoo,,ful Bidder").

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In determining the Successful Bid, Seller shall analyze and consider, without limitation, the amount and form of consideration being offered, the certainty and timing of closing, and any material modifications to the terms and conditions of this Agreement.
If a dispute arises at the Auction, the disputing party must file a written objection with the Bankfuptcy Court p.rior to the expiration of the Objection Deadline and such objection shall be heard at the Sale Hearing,
Seller, in his sole discretion, may adopt additional rules at the Auction that, in Seller's business judgment, shall promote a more efficient and/or fair process to the extent such additional procedures are not materially inconsistent with the tenns of this Agreement or the Bidding Procedures.
In the event that Qualifying Bids are submilled and there is an Auction at which Buyer shall become the Successful Bidder, then the Purchase Price to be paid at the Closing shall be increased by the amount that Buyer bids in excess of the Purchase Price set forth herein, in order to make the Successful Bid.
Prior to submission to the Bankruptcy Court, Seller shall obtain Buyer's written consent to the form and substance of the motion(s) seeking approval of the successful bid, and all related pleadings, orders and notices in the event Buyer is the successful bidder.	•
ARTICLE9 TAXES
Taxes Related to Purchase of Ahguired Assets. All state and local sales, use, gross-receipts, transfer, gains, excise, value-added or other similar taxes in connection with the transfer of the Acquired Assets (other than any such taxes that constitutes a franchise tax or is otherwise imposed in lieu of an income tax), .and all recording and filing fees that may be imposed by reason of the sale, transfer, assignment and delivery of the Acquired Assets (collectively, "Transaction Taxes"), shall be paid by Buyer on or prior to their due date.

Real and Personal Property Taxes. All real and personal property tax.es due for the tax years prior to and including 2014 shall be paid by Seller as of the close of business on the Closing Date. All real and personal property tmces and assessments on the Acquired Assets for the tax year of2015 shall be prorated between Seller and Buyer as of the date of Closing, based on the current year's assessment or tax bill. If the current year's assessment amounts are not available as of the Closing Date, then real and personal property taxes and assessments on the Acquired Assets shall be prorated at Closing based upon the prior year.
Cooperation on Tax Matters. Seller and Buyer shall (and shall cause their respective Affiliates to) cooperate fully with each other and make available or cause to be made available to each other for consultation, inspection and copying (at such other party's expense) in a timely
fashion such personnel, tax data, relevant tax returns or portions thereof and filings, files, books,  �e;S Ban/ill�_,,
records, documents, financial, technical and operating data, computer records and other:,... . .	.�

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infonnation as may be reasonably requested. '	v	'	�

14

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Fina14-17-lS

Retention of Tax Records. After the Closing Date and until the expiration of all statutes of limitation appJicablo to Seller's liabilities for taxes, Buyer shall retain possession of all accounting, business, financial and tax records and information that (a) relate to the Acquired Assets and are in existence on the Closing Date and (b) come into existence after the Closing Date but relate to the Acquired Assets before the Closing Date, and Buyer shall give Seller notice and a reasonable opportunity to retain any such records in the event that Buyer determines to destroy or dispose of them during such period. In addition, from and after the Closing Oat� Buyer shall provide to Seller (during normal business hours and without charsc to Sellers) access to the books, records, documents and other information relating to the Acquired Assets as Seller may reasonably deem necessary.
ARTICLE JO
CONDITIONS PRECEDENT TO PERFORMANCE BY PARTIES
Condition§ ..Preca;dent to Performance by Seller.. and Buyer, The respective obligations of Seifer and Buyer to c�nsum.m.ate the transactions contemplated by this Agreement are subject to the satisfaction or waiver, on or _prior to the Closing Date, of the following conditions:

No Violation Qf Orders'. No preliminat"y or permanent injunction or other Order that declares this Agreement invalid or unenforceable in any respect or that prevents the consummation of the transactions contemplated hereby &hall be in effect,
Entry 2f Sale Order. The Bankruptcy Court shall have entered the Sale Order and (1) no person or entity shall have filed an appeal of the Sale Order within fourteen days (14) days after the entry of the Sale Order or (2) the Bankruptcy Court shaU have entered the Sale Order and the Sale Order shall be final upon its entry or final and non-appealable in fewer than fourteen (14) days.
Auction Results Final. The Seller shall have submitted the results of any auction for the Acquired Assets to the Bankruptcy Court and (1) no person or entity shall have filed an objection to the auction results within twenty-four (24) hours after submis.,lon with the Bankruptcy Court or (2) the Bankruptcy Court shall have overruled any filed objection to the auction.
10,2 Conditions Precedent to Performance by Seller. The obligations of Seller to consummate the transactions contemplated by this Agreement are subject to the satisfaction, on or before the Closing Date� of the following conditions, any one or more of which may be waived by Seller in its sole discretion:
Representations,· and Warranties of Buy.er, All representations and warranties made by Buyer in this Agreement shall be true and �orrect in all material respects on and as of the Closing Date as if again made by Buyer on and as of such date.
Performance of the Obligations of Buyer. All terms, covenants, agreements	� e':> Satlk1tt:.
and conditions set forth in this Agreement to be complied with and performed by Buyer on�.	�-

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Final 4-17-15

or prior to the Closing Date shall have b�n fully complied with and performed in all material respects.

Buyer's Deliveries. Buyer shall have delivered, and Seller shall have received, all of the items set forth in Article 3.
Conditions Precedent to the Performance by Buyer. The obligations of Buyer to consummate the transactions contemplated by this Agreement are subject to the satisfaction, on or before the Closing Date, of the following conditions, any one or more of which may be waived by Buyer in its sole discretion:

Break-up Fee and Bidding Procedure Approval. � Break-up Fee and the Bidding Procedures substantially in the form as outlined in this Agreement shall be approved by the Bankruptcy. Court.

Representations and Warranties of Seller, All representations and warranties made by Seller in this Agreement shall be true and correct in all material respects on and as of the Closing Date as if again made by SeJler on and as of such date.
Performance of the Obligations of Seller..All terms, covenants, agreements and conditions set forth in this Agreement to be complied with and performed by Seller on or prior to the Closing Date shall have been fully complied with and performed in all material respects.

Seller's Deliveries, Seller shall have delivered, and Buyer shall have received, all of the items set forth in Article 3.
ARTICLEll
TERMINATION AND EFFECT OF TERMINATION
Right of Termination. Notwithstanding anything to the contrary contained herein, this Agreement may be terminated only as provided in this Article 11. In the case of any such termination, the terminating party shall give notice to the other party specifying the provision pursuant to which the Agreement is being tenninated.
Termination WiJhout Default. This Agreement may be terminated at any time
before Closing:
by mutual written consent of Seller and Buyer;
by Buyer, after the end of business on May 20, 2015 (the "Tennipation Date"). If any condition contained ln Articl�l O has not _been�atistied or waived> other than as a result of Administrative Delay defined in Article 8, as of such timej pl'O'vided, however, that Buyer shall not have the right to terminate this Agreement if Buyer's failure to fulfill
any of its obligations under this Agreement is the reason that the Closing has not occurred  l3aJ'lk
on or before said date; or	,r�   111D,<'
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Final 4-17-15

by Seller, on any date that is after the Termination Date, if any condition contained in Article l0 has not been satisfied or waived as of such time;provided, however, that Seller shall not have the right to terminate this Agreement if Seller's failure to fulfi.U any of their obligations under this Agreement is the reason that the Closing has not occurred on or before said date.

Effect of Termination. If this Agreement is terminated pursuant to this Article 11, this Agreement shaJl become null and void and have no effect, other than as set forth in this Article 11 and Article 12, which shall survive termination.
l 1.4 Buyer's Default. If all the Conditions Precedent are satisfied, Seller has not breached this Agreement and the sale and purchase of the Acquired Assets is not closed because of Buyer's breach of this Agreement, then the Seller shall retain the Earnest Money as full liquidated damages for breach by the Buyer. The Parties hereto expressly acknowledge that it is impossible to estimate the damage to the Seller cnused by Buyer's breach more precisely, and the retention of the Earnest Money by the Seller is not intended as a penalty, but payment of full liquidated damages. The Seller's right to retain the Earnest Money as full liquidated damages is the Selle?'s sole and exclusive remedy in the event of the Buyer's breach of this Agreement, and the Seller hereby waives and releases any right to (and hereby covenants that it shall not) sue the Buyer: (a) for specific performance of this Agreement, or (b) to prove that Seller's actual damages exceed the Earnest Money paid to Seller as full liquidated damages.
11.S Seller's Default. If the sale and purchase of the Acquired Assets is not closed because (1) of Seller's breach of this Agreement or (2) another purohaser is approved by the Bankruptcy Court as the purchaser for the Acquired Assets, and the Acquired Assets are subsequently sold to such other purchaser as a result of the competitive bidding process described in the Procedures Order, then the Buyer shall be entitled to the immediate return and refund of the Eamest Money. To the extent Buyer seeks reimbursement of �y costs and ex:�nses incurred in connection with enforcement of this Agreement, such petition must be brought before the Bankruptcy Court in Debtor's bankruptcy case,
ARTICLE12 MISCELLANEOUS
12.1 Successors and Assigns, Except as otherwise provided in this Agreement, no party hereto shall assign this Agreement or any rights or obligations hereunder without the prior written consent of the other pany hereto, and any such attempted assignment whbout such prior written consent shal1 be void and of no force and effect. This Agreement shall inure to tlte benefit of and shall be binding upon the successors and permitted assisns of the parties hereto.

'l��s

12,2 Governing Law; Jurisdiction. This Agreement shall be coIUJtrued, performed and enforced in accordance with, and governed by, the Laws of the State of Missouri, without regard to the: principles of conflicts of laws thereof. The parties agree that the Bankruptcy Court shall retain jurisdiction over any legal action or proceeding with respect to this Agreement.

Mutual Drafting, This Agreemynt is the result of the joint efforts of Buyer

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Seller, and each provision hereof has been subject to the mutual consultation, negotiation"U	. .	.	.	.	�

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Final4-17-IS agreement of the parties and there is to be no construction against either party based on arty
presumption of that party's involvement in the drafting thereof.
Expenses. Except as otherwi� provided herein, each of the parties hereto shall pay its own expenses and attorneys' fees in connection with 1his Agreement and the transactions contemplated hereby.

12,5 Broker's and Finder's Fees. Except as otherwise set forth herein, each of the parties represents and warrants that it has not dealt with any broker or finder in connection with any of the transactions contemplated by this Agreement in a manner so as to give rise to any claims against the other party for any brokerage commission, finder's fees or_ other similar payout. Buyer acknowledges that (l) during the course of Debtor's Chapter 7 case,Seller employed Ron Lambert, of Lambert Commercial Real Estate, Inc., to market the Acquired Assets and (2) such realtor's commissions/expenses shall be paid pursuant to Section 328(a) of the Bankruptcy Code from property of the bankruptcy estate upon approval of the Bankruptcy Court, but in any event shall not be paid by Buyer.
Seyerability. In the event �hat any part of this Agreement is declared by any court or other judicial or administrative body to be null, void or unenforceable, said provision shall survive to the extent it is not so declared, and 'all of the other provisions of this Agreement shall remain in full force and effect only if, after excluding the portion deemed to be unenforceable, the remaining terms shall provide for the consummation of the transactions contemplated hereby in substantially the same manner as originally set forth at the later of the date this Agreement was executed or last amended,

Notices. AlJ notices, requests, demands and other communications under this Agreement shall be in writing and slwll be deemed to have b1;en duJy given: (1) on the date of service if served personally on the party to whom notice is to be aiven; (2) on the day of transmission if sent via electronic transmission to the e-mail address given below1 and confinnation of receipt is obtained� (3) on the day after delivery to Federal Express or similar nationally-recognized overnight courier; or (4) on the fifth day after mailing, if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid and properly addre�ed, to the party as follows:

lf to Seller:

Jfto Buyer:

Stephen C. Hiotis
Summers Compton Wells LLC 8909 Ladue Road
St. Louis, Missouri 63124 shiotis@summerscomptonwells.com
Thomas S. Hammond, Manager BayTree Ventures, LLC
59S5 82nd Avenue
Vero Beach, Florida 32966

Any party may change its address for the purpose of this Section by giving the other pa�eis eankJt�J'c,
written notioe of its new address in the manner: forth above.	{	,�'

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Amendments: Waivers, This Agreement may be amended or modified, and any of the terms, covenants. representations, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Any waiver by any party of any condition, or of the breach of any provision, term, covenant. representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be nor construed as a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation or warranty of this Agreement.
Entire Agreement. This Agreement contains the entire understanding among the parties hereto with respect to the transactions contemplated hereby and supersedes and replaces all prior and contemporaneous agreements and understandings, oral or written, with regard to such transactions. All exhibits and schedules attached hereto and any documents and instruments delivered pursuant to any provision hereof are expressly made a part of this Agreement as fully as though completely set forth herein,
Parties in lnterest. Nothing in this Agreement is intended to confer any rights or remedies under or by reason of this Agreement on any persons/entities other than Seller, the Buyer and their respective successors and permitted assigns. Nothing in this Agreement is intended to relieve or discharge the obligations or liability of any third parties to Seller or Buyer, No provision of this Agreement shall give any third· party any right of subrogation or action over or against Seller or Buyec.
Headings. The article and section headings in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
Construction. Unless the context of this Agreement otherwise requires, (1) words of any gender include the other gender; (2) words �ing the singular or plural number also include the plural or singular number, respectively; (3) the tenns "hereof," "herein,'' •hereby," and derivative or similar words refer to this entire Agreement as a whole and not to any other particular article, section or other subdivision; (4)the weirds "include," "includes" and "jncluding" shall be deemed to be followed by the phrase "withQut limttation"; (5) "shall," "will,11 or "agrees" are mandatory, and "may" is permissive; and (6) "or" is not exclusive
Currency, Except where otherwise expressly provided, all amounts in this Agreement are stated and shall be paid in United States currency.
Time of Essence. Time is of the essence of this Agreement. When calculating the period of time before which) within which or following which, any act is to be done or step taken pursuant to this Agreement. the date that is the reference date in calculating such period shall be excluded. If the last day of such period is a non-Business Day, the period in question shall end on the next succeeding Business Day.

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Flnal4.17-IS

1N WITNESS WJiBRBOF, the parties hereto havo caused this Agreement to be execmed
' lhelr respective officers thereunto duty ai1lhorJzcd as ofthc date fntt above written.
BUYER:
BayTree Ventures, LLC,
a Florldu llmllcd Uablllty company
By:	Jz/l	•

1511----

Print Name: Thomas S. Ham1nond
Tltle: Manaaer

b	a A. Soane, Chapter 7

Trustee for the Ban'kruptcy
Estate of Ranch Road Lake, L.L.C.

20

Final 4-17-15

EXHIBIT A BILL OF SALE
IN CONSIDERATION of the receipt of the sum 	 Dollars ($	,, in hand paid. and for other good and valuable consideration, David A. Sosne, Chapter 7 Trustee for the Bankruptcy Estate of Ranch Road Lake, L.L.C. {"Seller'), does hereby sell, assign, transfer and conv�y absolutely to 		 a
��-----------.·-,,("Buyer"), all right, title; and interest of Seller and the bankruptcy estate of Ranch Road Lake; L.L.C., if any, subject to and in accordance with the Order of the United States Bankruptcy Court for the Eastern District of Missouri dated
	("Order''), attached hereto as Exhibit "A" and incorporated herein by reference, in and to the Acquired Assets, as more particularly defined in the Order 1md the Asset PurchMe Agreement , dated 	,and attached hereto es Exhibit "B" and made a part hereof, and all appurtenant rights relating thereto. Seller is the lawful owner of the Acquired Assets and title to the Acquired Assets is transferred to Buyer free and clear of all liens, claims, demands, encumbrances, privileges, pledges or other charges of any naµn-e and kind whatsoever.
Dated as of this 	day of   201:S.

David A. Sosne, Chapter 7 Trustee for the Bankruptcy
Estate of Ranch Road Lake, L.L.C.

21

Final4-17-IS

EXHIBITS
QUIT CLAIM DEED

TO BE AGREED UPON BY BUYER AND SELLER

22

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Final 4-17-tS

EXHIBITC
CERTIFICATE OF BUYER
	2015
The undersigned cloes hereby certify that he/she is the Manager ofBayTree Ventures, LLC, a Florida limited liability company ("Buyer"). The undersigned is authorized to execute and deliver this Certificate pursuant to Section 3.3(b) of that certain Asset Purchase Agreement dated as of April 17, 2015 (the "Asset Purchase Agreem�nti') by and between Buyer and David A. Sosne, Chapter 7 Trustee for the Bankruptcy Estate of Ranch Road Lake, L.L.C. ("Seller"). Capitalized terms used herein but not otherwise defined herein shall have the respective mearungs as set forth in the Asset Purchase Agreement.
The undersigned does hereby certify to Seller, on behalf of Buyer, without personal liability, as follows:
Buyer has performed and complied in all material respects with all terms, provisions, agreements� obligations, covenants and conditions contained in the Asset Purchase Agreement, specific to Buyer and required to be perfonned and complied with on or prior to the Closing Date.
Each of the representations and warranties of Buyer contained in the Asset Purchase Agreement are true and correct in all material respects on and as of the Closing Date as if made on and as of such date.
IN WITNESS WHEREOF, the undersigned has duly caused this Certificate of Buyer to be executed and delivered on behalf of Buyer on and as of the date first written above.

By:	_ Thomas S. Hammond, Manager
BayTree Ventures, LLC

23

Flnal4-17-lS

SCHEDULE 1.la
LEGAL DESCRIPTION OF REAL PROPERTY

The property js generally described by:
Parcel ID No. 32381400000500000001.0 Parcel ID No. 323814000005000000020

Sec Attached Exhibit "A"

24

•	•
EXHIBIT"A'"

PAllCI.Ll:
The North on�hs!f (Nl/.2) of tho North ono•half (Nl/2) or tbe �ovth ono•half
{Sl/2) of Section 14, Township 32 South, Range 38 Bast, lndlan RivGr County, Plorlda: a.Id land lyin& und being In Indian Riv°' County, Florida,
LESS AND EXCEPT:
All l�o parts thereof u-ansfe1Ted' and conveyed to Seb&ilian River Dnifntgc District by Quit-Claim Deed dnlcd June 10, 1940 and rccordod in Docd Book 32, P119e 177, public rccnrd!Inf Tndian Rivor County, Florida, as rishts or wuy tor canals and other drainage purposes 118 se• f'orth In said Quit-Claim Oec:d; and
FURTHER, LESS AND EXCEPT:
All those parts thereof lnmireucd and convoyed to Indian River Cow1ly by S!,itutofy W1mu1ty Deed dalcd J1111uary l I, 2006 1111d -re(m'ded in O.R. Book I982, P11gc 2439, public records of lndian River County, Florlda; and

PARQLU:
The South one-half (SI f2)ot'thc following deAeribcd propct1r,
The North one.half (Nl/2} ottho South one..l,nlC(Sl/2) otSOCCion 14, Townahip 3:l South, R11nge 38 811$l, rndlan River County, Florida; said land lying and belns In Indian River Co\llllY, f11orida.
LESS AND EXCEPT:

or

All tho•e part11 thereof lransfcnod end oonveyed to Sebastian River Drainage District by Quit-Claim Dffli dated Juno 10, 1940 and recorded In Deed Book 32, Page 177, p11blfo records  [ndla11 River County, Florida, IIS rishts or WliY for
�1U1af1 •nd other drairu1ge purposu as set fo,th in sold Qu/t-Cl11irn Dec:d.

Final 4-17·15

SCHEDULEI.3 ASSUMED LIABILITIES

<NONE>
I

25

Pinal 4•17-15

SCHEDULE 2.4 EXCLUDED CMTS
Any acorued and unpaid engineering or other charges incuned by Seller up to the date of Closing from the Sebastian River Improvement District in connection with the review, renewal or extension of any pennita from such entity,

26	�

Final 4-17-lS

SCHEDULE 3.2b PERMITI'ED EXCEPTIONS

Taxes for the year of 2015.
Rights of tenants occupying all or part of the instll'Cd land under unrecorded lease.s or
rental agreements. exeludina rights of first refusal and purchase options.
Any and all material events or occurrences that may impact title or insurability of title arising on or after the most recent title commitment obtained by either Buyer or Seller.
Any and all rightst privilegest easements, hereditamentst tenementst rights-of-way, and other similar rights of access or encroachments appearing of record, if any.

27

BK: 3388 PG: 1433, 2/17/2021 8:18 AM D DOCTAX PD $0.70

Record and return to:
Todd W. Fennell, Attorney at Law

Prepared by:
Sandra G. Rennick, Attorney at Law Gould Cooksey Fennell, PLLC
979 Beachland Boulevard Vero Beach, FL 32963

Recording:	$35.50 Doc Stamps:	$	.70

THIS WARRANTY DEED HAS BEEN PREPARED BY THE ABOVE NOTED PARTY WITHOUT BENEFIT OF ABSTRACT OR TITLE EXAMINATION. THE PREPARER ASSUMES NO RESPONSIBILITY FOR THE EXISTENCE OF LIENS, CLAIMS, OR ENCUMBRANCES OF ANY NATURE OF RECORD, OR WHICH MAY EXIST AGAINST THE PROPERTY.

WARRANTY DEED
THIS DEED Made the,;>31iay of December, 2020, by Thomas S. Hammond, whose address is PO Box 643278, Vero Beach, FL 32964, hereinafter called the GRANTOR, to Hammond Family Investments, LLC, a Florida limited liability company, whose address is PO Box 643278, Vero Beach, FL 32964, hereinafter called the GRANTEE:
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)

WITNESSETH: That the GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the GRANTEE, all that certain land situate in Indian River County, Florida, viz:
LEGAL DESCRIPTIONS ATTACHED HERETO ON EXHIBIT A
SUBJECT to easements, restrictions, reservations and rights-of-way ofrecord, if any, but this provision shall not operate to reimpose the same.
TO HAVE AND TO HOLD, the same in fee simple forever.
TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
GRANTOR warrants, covenants and represents to the Grantee that the above described property does not constitute the homestead of the Grantor under the Constitution or statutes of the State of Florida and that the Grantor's residence is on property other than the above-described property and he does not live adjacent or contiguous thereto.

AND the GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR has good right and lawful authority to sell and convey said land; that the GRANTOR hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2019.
IN WITNESS WHEREOF, the said GRANTOR has signed and sealed these presents the day and year first above written.

Signed, sealed and delivered in the presence of:
�	<nJ.M q,•	� �			
Witness #1 Printed: :[u,A� Lv, Fe., .,,c J,	Thomas S. Hammond

STATE OF FLORIDA COUNTY OF INDIAN RIVER

The foregoing instrument was acknowledged before me by means of� physical presence or D online notarization, this/;}3{z{. day of December, 2020, by Thomas S. Hammond, who is
personally known to me or who has produced d-riV-V--5 Ii UJl� as identificati�n.

[Notary Seal]

Ng�;£,s.�

t.f•·J�is!\•/.�°.)	APRILS. CHIARELLA
MY COMMISSION# HH 024228
:.,.�-�'.�"/	EXPIRES:August 19, 2024
·<ro,M':··· Bonded Thru Nolllly Public Undeiwrtters

Printed:�( S. c.Juo.r-lll �

My Com'mifsion Expires:		_

EXHIBIT A

PARCEL 3 (32381100000500000001.1):
The Southwest quarter of the Southwest quarter of Section 11, Township 32 South, Range 38 East, and the West 120 feet of the Southeast quarter of the Southwest quarter of Section 11, Township 32 South, Range 38 East (less canal rights of way of the Sebastian River Drainage District), lying in Indian River County, Florida.
LESS AND EXCEPT THE GUN CLUB SITE - Commencing at the Northwest corner of Section 14, Township 32 South, Range 38 East, thence S 89 degrees 40' 58" E along the North line of said Section 14 to the East right of way line of the Lateral D Sebastian River Drainage District Canal, a distance of275.00 feet; thence along said Lateral D Canal East right of way S 00 degrees 24' 17" W, 661.79 feet to the Point of Beginning; thence continue along said Lateral D Canal Right of way S 00 degrees 24' 17" W, 624.07 feet to the North right of way line of the Lateral CS@ Canal; thence S 89 degrees 40' 58" E, along said North right of way of the C8W Canal, 1177.44 feet; thence N 00 degrees 23' 47" E, 1124.43 feet; thence S 67 degrees 18' 15" W, 1279.80 feet back to the Point of Beginning.
AND LESS AND EXCEPT TOWER SITE - Commencing at the Southwest corner of Section 11, Township 32 South, Range 38 East, Indian River County, Florida; thence S 89 degrees 40' 28" E, along the South line of said Section 11, 275.00 feet to the East right of way line of the Lateral D Sebastian River Drainage District Canal; thence N 00 degrees 28' 25" E, 1289.15 feet along the said East right of way of the Lateral D Canal to the South right of way of the Sebastian River Drainage District C7W Canal; thence S 89 degrees 27' 04" E, 1033.96 feet along the South right of way of the said C7W canal to the Point of Beginning; thence S 00 degrees 24' 58" W, 306.84 feet; thence S 89 degrees 36' 20" E, 142.00 feet; thence N 00 degrees
24' 58" E, 306.46 feet; thence N 89 degrees 27' 04" W, 142.00 feet back to the Point of Beginning.
PARCEL 7 (32381100000700000002.5):
The East 330 feet of the Southeast quarter of the Southeast Quarter of Section 11, Township 32 South, Range 38 East, Indian River County, Florida.
PARCEL 8 (32381400000100000001.0):
The East 330 feet of the Northeast quarter of the Northeast Quarter of Section 14, Township 32 South, Range 38 East, Indian River County, Florida.
PARCEL 11 (32381400000100000004.0):
The SW¼ of the NE¼ of Section 14, Township 32 South, Range 38 East, Indian River County, Florida, less and except canal rights of way.

Subject to and together with an easement for drainage and irrigation purposes in common with other owners of the South½ of the NE¼ of Section 14, Township 32 South, Range 38 East, and the South ½ of the NW ¼ of Section 14, Township 32 South, Range 38 East over the South 35 feet adjacent to the South boundary line of the above described property.

Together with a right of way easement for ingress and egress over the South 15 feet of the North 65 feet of the SE¼ of the NE¼ of Section 14, Township 32 South, Range 38 East, Indian River County, Florida, as described in that certain Easement Deed recorded in Official Records Book 611, at page 2800 of the Public Records of Indian River County, Florida.

PARCEL 13 (32381400000300000001.1):
The Northwest quarter of the Northwest quarter of Section 14, Township 32 South, Range 38 East, and the West 120 feet of the Northeast quarter of the Northwest quarter of Section 14, Township 32 South, Range 38 East (less canal rights of way of the Sebastian River Drainage District)
AND LESS AND EXCEPT THE GUN CLUB SITE-Commencing at the Northwest comer of Section 14, Township 32 South, Range 38 East, thence S 89 degrees 40' 58" E along the North line of said Section 14 to the East right of way line of the Lateral D Sebastian River Drainage District Canal, a distance of 275.00 feet; thence along said Lateral D Canal East right of way S 00 degrees 24' 17" W, 661.79 feet to the Point of Beginning; thence continue along said Lateral D Canal Right of way S 00 degrees 24' 17" W, 624.07 feet to the North right of way line of the Lateral C8@Canal; thence S 89 degrees 40' 58" E, along said North right of way of the C8W Canal, 1177.44 feet; thence N 00 degrees 23' 47" E, 1124.43 feet; thence S 67 degrees 18' 15" W, 1279.80 feet back to the Point of Beginning.
PARCEL 15 (32381400000500000003.0):
The South½ of the South½ of Section 14, Township 32 South, Range 38 East, in Indian River County, Florida, less and except therefrom any rights of way conveyed to the Sebastian River Drainage District in Deed Book 32, page 177, of the Public Records of Indian River County, Florida, and road right of way for 82nd Avenue.
AND LESS AND EXCEPT the South 160.00 feet of the South½ of the South½ of Section 14, Township 32 South, Range 38 East, Indian River County, Florida, conveyed to J. Pat Corrigan Family Limited Partnership, LLLP, a Florida limited liability partnership and Hugh Corrigan, III, Family Limited Partnership, LLLP, a Florida limited liability partnership, as road right of way by Warranty Deed recorded in Official Records Book 2642, page 2166, Public Records of Indian River County, Florida.

PARCEL 24 (33381600000100000001.0):
The North ½ of the North ½ of the Northeast ¼ of Section 16, Township 33 South, Range 38 East, lying in Indian River County, Florida.

SEBASTIAN RIVER IMPROVEMENT DISTRICT RANKING OF AUDITOR PROPOSALS FOR FISCAL YEAR ENDING 9/30/25

	Audit Firms	

Criteria	Point Range	

Richie Tandoc, P.A.	

Grau & Associates	

Ability of Personnel: (E.g., geographic locations of the firms headquarters of permanent office in relation to the project; capabilities and experience of key personnel; present ability to manage this project; evaluation of existing work load).	

1-10	

8	

9	

Proposer's Experience: (E.g. past record and experience of the Proposer in similar projects; volume of work previously performed by the firm; past performance for other Community Development Districts in other contracts; character, integrity, reputation).	

1-10	

7	

9	

Understanding of Scope of Work: Extent to which the proposal demonstrates an understanding of the District's needs for the services requested.	

1-10	

8	

9	

Ability to Furnish the Required Services: Extent to which the proposal demonstrates the adequacy of Proposer's financial resources and stability as a business entity necessary to complete the services required.	

1-10	

8	

9	

Price: Points will be awarded based upon the price bid for the rendering of the services and reasonableness of the price to the services.	

1-10	

8	

9	

TOTAL POINTS	
50	
39	
45	
				
BID PRICE - 2024/2025 AUDIT		$4,900.00	$4,400.00	
BID PRICE - 2025/2026 AUDIT		$4,900.00	$4,500.00	
BID PRICE - 2026/2027 AUDIT		$4,900.00	$4,600.00	
BID PRICE - 2027/2028 AUDIT		$5,200.00	$4,700.00	
BID PRICE - 2028/2029 AUDIT		$5,200.00	$4,800.00	

COMMENTS:		Currently the auditing firm for more than	Currently the auditing firm for more than	
		16 Special Districts and Governmental Entities.	300 Special Districts and Governmental Entities.	

RECOMMENDATION:	Management recommends that Grau & Associates, the current auditor for the District, the firm with the most experience and	
	the low bidder; be selected to perform the September 30, 2025, 2026 and 2027 annual audits, with an option subject to fee	
	adjustments for inflation, to perform the fiscal year end audits for the two following years (FYE 9/30/28, FYE 9/30/29).	
		
Note: 2025/2026 Budget For Audit Services is $5,500.00

SRID 2024-2025 Audit Bid Rankings	Page 150

Proposal to Provide Financial Auditing Services:
Sebastian River Improvement District

Proposal Due: August 20, 2025 4:00PM
Submitted to:
Sebastian River Improvement District c/o SDS
2501A Burns Road
Palm Beach Gardens, Florida 33410

Submitted by:
Antonio J. Grau, Partner Grau & Associates
1001 Yamato Road, Suite 301 Boca Raton, Florida 33431 Tel	(561) 994-9299
(800) 229-4728
Fax	(561) 994-5823
tgrau@graucpa.com www.graucpa.com

Table of Contents

PAGE

EXECUTIVE SUMMARY / TRANSMITTAL LETTER	1
FIRM QUALIFICATIONS	3
FIRM & STAFF EXPERIENCE	6
REFERENCES…	11
SPECIFIC AUDIT APPROACH	13
COST OF SERVICES	17
SUPPLEMENTAL INFORMATION	19

August 20, 2025

Sebastian River Improvement District c/o SDS
2501A Burns Road
Palm Beach Gardens, Florida 33410
Re:	Request for Proposal for Professional Auditing Services for the fiscal years ended September 30, 2025-2027, with an option for two (2) additional annual renewals.

Grau & Associates (Grau) welcomes the opportunity to respond to the Sebastian River Improvement District’s (the “District”) Request for Proposal (RFP), and we look forward to working with you on your audit. We are an energetic and robust team of knowledgeable professionals and are a recognized leader of providing services to Community Development Districts. As one of Florida’s few firms to primarily focus on government, we are especially equipped to provide you an effective and efficient audit.
Government audits are at the core of our practice: 95% of our work is performing audits for local governments and of that 98% are for special districts. With our significant experience, we are able to increase efficiency, to provide immediate and continued savings, and to minimize disturbances to your operations.

Why Grau & Associates:

Knowledgeable Audit Team
Grau is proud that the personnel we assign to your audit are some of the most seasoned auditors in the field. Our staff performs governmental engagements year-round. When not working on your audit, your team is refining their audit approach for next year’s audit. Our engagement partners have decades of experience and take a hands-on approach to our assignments, which all ensures a smoother process for you.
Servicing your Individual Needs
Our clients enjoy personalized service designed to satisfy their unique needs and requirements. Throughout the process of our audit, you will find that we welcome working with you to resolve any issues as swiftly and easily as possible. In addition, due to Grau’s very low turnover rate for our industry, you also won’t have to worry about retraining your auditors from year to year.

Developing Relationships
We strive to foster mutually beneficial relationships with our clients. We stay in touch year-round, updating, collaborating and assisting you in implementing new legislation, rules and standards that affect your organization. We are also available as a sounding board and assist with technical questions.

Maintaining an Impeccable Reputation
We have never been involved in any litigation, proceeding or received any disciplinary action. Additionally, we have never been charged with, or convicted of, a public entity crime of any sort. We are financially stable and have never been involved in any bankruptcy proceedings.

Complying With Standards
Our audit will follow the Auditing Standards of the AICPA, Generally Accepted Government Auditing Standards, issued by the Comptroller General of the United States, and the Rules of the Auditor General of the State of Florida, and any other applicable federal, state and local regulations. We will deliver our reports in accordance with your requirements.
This proposal is a firm and irrevocable offer for 90 days. We certify this proposal is made without previous understanding, agreement or connection either with any previous firms or corporations offering a proposal for the same items. We also certify our proposal is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action, and was prepared in good faith. Only the person(s), company or parties interested in the project as principals are named in the proposal. Grau has no existing or potential conflicts, and anticipates no conflicts during the engagement. Our Federal I.D. number is 20-2067322.
We would be happy to answer any questions or to provide any additional information. We are genuinely excited about the prospect of serving you and establishing a long-term relationship. Please do not hesitate to call or email either of our Partners, Antonio J. Grau, CPA (tgrau@graucpa.com) or David Caplivski, CPA (dcaplivski@graucpa.com) at 561.994.9299. We thank you for considering our firm’s qualifications and experience.

Very truly yours, Grau & Associates
Antonio J. Grau

Firm Qualifications

10/16
Employees are CPAS

3

11

2

Grau’s Focus and Experience

Our Team

Year founded

Partners

Professional Staff

Administrative Professionals

Properly registered and licensed professional corporation by the state of FLORIDA

We are proud Members of the American Institute of Certified Public Accountants
&

9
Professional Groups

the Florida Institute of Certified Public Accountants

Services Provided

See next page for report and certificate

External quality review program: consistently receives a pass



Exter

prog

recei



Inter

moni

nternal: ongoing

quali

mon toring to maintain qual ty

AICPA | FICPA | GFOA | FASD | FGFOA

Firm & Staff Experience

GRAU AND ASSOCIATES COMMUNITY
DEVELOPMENT DISTRICT EXPERIENCE BY MANAGEMENT COMPANY

OTHER
19

PFM
12

WRATHELL
30

GMS
78

INFRAMARK
38

SDS
60

RIZZETTA
47

MERITUS
23

Profile Briefs:
Antonio J GRAU, CPA (Partner)
Years Performing Audits: 35+
CPE (last 2 years): Government Accounting, Auditing: 32 hours; Accounting, Auditing and Other: 58 hours
Professional Memberships: AICPA, FICPA, FGFOA, GFOA

David Caplivski, CPA (Partner)
Years Performing Audits: 13+
CPE (last 2 years): Government Accounting, Auditing: 48 hours; Accounting, Auditing and Other: 33 hours
Professional Memberships: AICPA, FICPA, FGFOA, FASD

“Here at Grau & Associates, staying up to date with the current technological landscape is one of our top priorities. Not only does it provide a more positive experience for our clients, but it also allows us to perform a more effective and efficient audit. With the every changing technology available and utilized by our clients, we are constantly innovating our audit process.”
-	Tony Grau
“Quality audits and exceptional client service are at the heart of every decision we make. Our clients trust us to deliver a quality audit, adhering to high standards and assisting them with improvements for their organization.”
- David Caplivski

YOUR ENGAGEMENT TEAM

Grau’s client-specific engagement team is meticulously organized in order to meet the unique needs of each client. Constant communication within our solution team allows for continuity of staff and audit team. The Certified Information Technology Professional (CITP) Partner will bring a unique blend of IT expertise and understanding of accounting principles to the financial statement audit of the District.

Engagement
Partner

CITP Partner

Your
Successful Audit

Audit
Manager

Audit Senior

The assigned personnel will work closely with the partner and the District to ensure that the financial statements and all other reports are prepared in accordance with professional standards and firm policy.
Responsibilities will include planning the audit; communicating with the client and the partners the progress of the audit; and
determining that financial statements and all reports issued by the firm are accurate, complete and are prepared in accordance with professional standards and firm policy.

The Engagement Partner will participate extensively during the various stages of the engagement and has direct responsibility for engagement policy, direction, supervision, quality control, security, confidentiality of information of the engagement and communication with client personnel. The engagement partner will also be involved directing the development of the overall audit approach and plan; performing an overriding review of work papers and ascertain client satisfaction.

Antonio ‘Tony ‘J. Grau, CPA
Partner
Contact: tgrau@graucpa.com | (561) 939-6672
Experience
For over 30 years, Tony has been providing audit, accounting and consulting services to the firm’s governmental, non-profit, employee benefit, overhead and arbitrage clients. He provides guidance to clients regarding complex accounting issues, internal controls and operations.
As a member of the Government Finance Officers Association Special Review Committee, Tony participated in the review process for awarding the GFOA Certificate of Achievement in Financial Reporting. Tony was also the review team leader for the Quality Review of the Office of Management Audits of School Board of Miami-Dade County. Tony received the AICPA advanced level certificate for governmental single audits.
Education
University of South Florida (1983) Bachelor of Arts
Business Administration

Clients Served (partial list)
(>300) Various Special Districts, including:

Bayside Improvement Community Development District Dunes Community Development District
Fishhawk Community Development District (I, II, IV) Grand Bay at Doral Community Development District Heritage Harbor North Community Development District

Boca Raton Airport Authority Greater Naples Fire Rescue District
Key Largo Wastewater Treatment District Lake Worth Drainage District
South Indian River Water Control

St. Lucie West Services District
Ave Maria Stewardship Community District Rivers Edge II Community Development District Bartram Park Community Development District
Bay Laurel Center Community Development District

Professional Associations/Memberships
American Institute of Certified Public Accountants Florida Government Finance Officers Association Florida Institute of Certified Public Accountants Government Finance Officers Association Member City of Boca Raton Financial Advisory Board Member

Professional Education (over the last two years)
Course	Hours
Government Accounting and Auditing	32
Accounting, Auditing and Other	58
Total Hours	90 (includes of 4 hours of Ethics CPE)

David Caplivski, CPA/CITP, Partner
Contact : dcaplivski@graucpa.com / 561-939-6676
Experience
Grau & Associates	Partner	2021-Present	
Grau & Associates	Manager	2014-2020	
Grau & Associates	Senior Auditor	2013-2014	
Grau & Associates	Staff Auditor	2010-2013	

Education
Florida Atlantic University (2009) Master of Accounting
Nova Southeastern University (2002) Bachelor of Science
Environmental Studies

Certifications and Certificates
Certified Public Accountant (2011)
AICPA Certified Information Technology Professional (2018) AICPA Accreditation COSO Internal Control Certificate (2022)

Clients Served (partial list)
(>300) Various Special Districts	Hispanic Human Resource Council
Aid to Victims of Domestic Abuse	Loxahatchee Groves Water Control District
Boca Raton Airport Authority	Old Plantation Water Control District
Broward Education Foundation	Pinetree Water Control District
CareerSource Brevard	 San Carlos Park Fire & Rescue Retirement Plan CareerSource Central Florida 403 (b) Plan	South Indian River Water Control District
City of Lauderhill GERS	South Trail Fire Protection & Rescue District
City of Parkland Police Pension Fund	Town of Haverhill
City of Sunrise GERS	Town of Hypoluxo
Coquina Water Control District	Town of Hillsboro Beach
Central County Water Control District	Town of Lantana
City of Miami (program specific audits)	 Town of Lauderdale By-The–Sea Volunteer Fire Pension City of West Park	Town of Pembroke Park
Coquina Water Control District	Village of Wellington East Central Regional Wastewater Treatment Facl.	 Village of Golf
East Naples Fire Control & Rescue District

Professional Education (over the last two years)
Course	Hours
Government Accounting and Auditing	48
Accounting, Auditing and Other	33
Total Hours	81 (includes 4 hours of Ethics CPE)
Professional Associations
Member, American Institute of Certified Public Accountants Member, Florida Institute of Certified Public Accountants Member, Florida Government Finance Officers Association Member, Florida Association of Special Districts

References

We have included three references of government engagements that require compliance with laws and regulations, follow fund accounting, and have financing requirements, which we believe are similar to the District.

 Dunes Community Development District	
Scope of Work	Financial audit Engagement Partner	Antonio J. Grau Dates	Annually since 1998
Client Contact	Darrin Mossing, Finance Director 475 W. Town Place, Suite 114
St. Augustine, Florida 32092
	904-940-5850	

 Two Creeks Community Development District	
Scope of Work	Financial audit Engagement Partner	Antonio J. Grau Dates	Annually since 2007
Client Contact	William Rizzetta, President 3434 Colwell Avenue, Suite 200
Tampa, Florida 33614
	813-933-5571	

 Journey’s End Community Development District	
Scope of Work	Financial audit Engagement Partner	Antonio J. Grau Dates	Annually since 2004
Client Contact	Todd Wodraska, Vice President
2501 A Burns Road
Palm Beach Gardens, Florida 33410
	561-630-4922	

Specific Audit Approach

AUDIT APPROACH
Grau’s Understanding of Work Product / Scope of Services:
We recognize the District is an important entity and we are confident our firm is eminently qualified to meet the challenges of this engagement and deliver quality audit services. You would be a valued client of our firm and we pledge to commit all firm resources to provide the level and quality of services (as described below) which not only meet the requirements set forth in the RFP but will exceed those expectations. Grau & Associates fully understands the scope of professional services and work products requested. Our audit will follow the Auditing Standards of the AICPA, Generally Accepted Government Auditing Standards, issued by the Comptroller General of the United States, and the Rules of the Auditor General of the State of Florida and any other applicable Federal, State of Local regulations. We will deliver our reports in accordance with your requirements.

Proposed segmentation of the engagement
Our approach to the audit engagement is a risk-based approach which integrates the best of traditional auditing techniques and a total systems concept to enable the team to conduct a more efficient and effective audit. The audit will be conducted in three phases, which are as follows:

PHASE I:
Preliminary Planning

PHASE II:
Execution of the Audit Plan

PHASE III:
Completion and Delivery

Phase I - Preliminary Planning
A thorough understanding of your organization, service objectives and operating environment is essential for the development of an audit plan and for an efficient, cost-effective audit. During this phase, we will meet with appropriate personnel to obtain and document our understanding of your operations and service objectives and, at the same time, give you the opportunity to express your expectations with respect to the services that we will provide. Our work effort will be coordinated so that there will be minimal disruption to your staff.
During this phase we will perform the following activities:
» Review the regulatory, statutory and compliance requirements. This will include a review of applicable federal and state statutes, resolutions, bond documents, contracts, and other agreements;
» Read minutes of meetings;
» Review major sources of information such as budgets, organization charts, procedures, manuals, financial systems, and management information systems;
» Obtain an understanding of fraud detection and prevention systems;
» Obtain and document an understanding of internal control, including knowledge about the design of relevant policies, procedures, and records, and whether they have been placed in operation;
» Assess risk and determine what controls we are to rely upon and what tests we are going to perform and perform test of controls;
» Develop audit programs to incorporate the consideration of financial statement assertions, specific audit objectives, and appropriate audit procedures to achieve the specified objectives;
» Discuss and resolve any accounting, auditing and reporting matters which have been identified.

Phase II – Execution of Audit Plan
The audit team will complete a major portion of transaction testing and audit requirements during this phase. The procedures performed during this period will enable us to identify any matter that may impact the completion of our work or require the attention of management. Tasks to be performed in Phase II include, but are not limited to the following:
» Apply analytical procedures to further assist in the determination of the nature, timing, and extent of auditing procedures used to obtain evidential matter for specific account balances or classes of transactions;
» Perform tests of account balances and transactions through sampling, vouching, confirmation and other analytical procedures; and
» Perform tests of compliance.
Phase III - Completion and Delivery

In this phase of the audit, we will complete the tasks related to year-end balances and financial reporting. All reports will be reviewed with management before issuance, and the partners will be available to meet and discuss our report and address any questions. Tasks to be performed in Phase III include, but are not limited to the following:

» Perform final analytical procedures;
» Review information and make inquiries for subsequent events; and
» Meeting with Management to discuss preparation of draft financial statements and any potential findings or recommendations.

You should expect more from your accounting firm than a signature in your annual financial report. Our concept of truly responsive professional service emphasizes taking an active interest in the issues of concern to our clients and serving as an effective resource in dealing with those issues. In following this approach, we not only audit financial information with hindsight but also consider the foresight you apply in managing operations.

Application of this approach in developing our management letter is particularly important given the increasing financial pressures and public scrutiny facing today’s public officials. We will prepare the management letter at the completion of our final procedures.
In preparing this management letter, we will initially review any draft comments or recommendations with management. In addition, we will take necessary steps to ensure that matters are communicated to those charged with governance.
In addition to communicating any recommendations, we will also communicate the following, if any:

» Significant audit adjustments;
» Significant deficiencies or material weaknesses;
» Disagreements with management; and
» Difficulties encountered in performing the audit.

Is the recommendation cost effective?
Is the recommendation the simplest to effectuate in order to correct a problem?

Is the recommendation at the heart of the problem and not just correcting a symptomatic matter?

Is the corrective action taking into account why the deficiency occurred?

Our findings will contain a statement of condition describing the situation and the area that needs strengthening, what should be corrected and why. Our suggestions will withstand the basic tests of corrective action:

To assure full agreement with facts and circumstances, we will fully discuss each item with Management prior to the final exit conference. This policy means there will be no “surprises” in the management letter and fosters a professional, cooperative atmosphere.

Communications
We emphasize a continuous, year-round dialogue between the District and our management team. We regularly communicate through personal telephone calls and electronic mail throughout the audit and on a regular basis.
Our clients have the ability to transmit information to us on our secure client portal with the ability to assign different staff with separate log on and viewing capability. This further facilitates efficiency as all assigned users receive electronic mail notification as soon as new information has been posted into the portal.

Cost of Services

Our proposed all-inclusive fees for the financial audit for the fiscal years ended September 30, 2025-2029 are as follows:

  Year Ended September 30,			Fee		
2025	$4,400	
2026	$4,500	
2027	$4,600	
2028	$4,700	
2029	$4,800	
TOTAL (2025-2029)	$23,000	

The above fees are based on the assumption that the District maintains its current level of operations. Should conditions change or additional debt is issued the fees would be adjusted accordingly upon approval from all parties concerned.

Supplemental Information

	Governmental Audit	Single Audit	Utility Audit	
Current Client	
Year End	
Boca Raton Airport Authority	✓	✓		✓	9/30	
Captain's Key Dependent District	✓			✓	9/30	
Central Broward Water Control District	✓			✓	9/30	
Collier Mosquito Control District	✓			✓	9/30	
Coquina Water Control District	✓			✓	9/30	
East Central Regional Wastewater Treatment Facility	✓		✓		9/30	
Florida Green Finance Authority	✓				9/30	
Greater Boca Raton Beach and Park District	✓			✓	9/30	
Greater Naples Fire Control and Rescue District	✓	✓		✓	9/30	
Green Corridor P.A.C.E. District	✓			✓	9/30	
Hobe-St. Lucie Conservancy District	✓			✓	9/30	
Indian River Farms Water Control District	✓			✓	9/30	
Indian River Mosquito Control District	✓				9/30	
Indian Trail Improvement District	✓			✓	9/30	
Key Largo Wastewater Treatment District	✓	✓	✓	✓	9/30	
Lake Asbury Municipal Service Benefit District	✓			✓	9/30	
Lake Padgett Estates Independent District	✓			✓	9/30	
Lake Worth Drainage District	✓			✓	9/30	
Lealman Special Fire Control District	✓			✓	9/30	
Loxahatchee Groves Water Control District	✓				9/30	
Old Plantation Water Control District	✓			✓	9/30	
Pal Mar Water Control District	✓			✓	9/30	
Pinellas Park Water Management District	✓			✓	9/30	
Pine Tree Water Control District (Broward)	✓			✓	9/30	
Pinetree Water Control District (Wellington)	✓				9/30	
Port of The Islands Community Improvement District	✓		✓	✓	9/30	
Ranger Drainage District	✓	✓		✓	9/30	
Renaissance Improvement District	✓			✓	9/30	
San Carlos Park Fire Protection and Rescue Service District	✓			✓	9/30	
Sanibel Fire and Rescue District	✓				9/30	
South Central Regional Wastewater Treatment and Disposal Board	✓				9/30	
South Indian River Water Control District	✓	✓		✓	9/30	
South Trail Fire Protection & Rescue District	✓			✓	9/30	
Spring Lake Improvement District	✓			✓	9/30	
St. Lucie West Services District	✓		✓	✓	9/30	
Sunrise Lakes Phase IV Recreation District	✓			✓	9/30	
Sunshine Water Control District	✓			✓	9/30	
Sunny Hills Units 12-15 Dependent District	✓			✓	9/30	
West Villages Improvement District	✓			✓	9/30	
Various Community Development Districts (452)	✓			✓	9/30	
TOTAL	491	5	4	484		

CONSULTING / MANAGEMENT ADVISORY SERVICES
Grau & Associates also provide a broad range of other management consulting services. Our expertise has been consistently utilized by Governmental and Non-Profit entities throughout Florida. Examples of engagements performed are as follows:

Accounting systems
Development of budgets
Organizational structures
Financing alternatives
IT Auditing

Fixed asset records
Cost reimbursement
Indirect cost allocation
Grant administration and compliance

ARBITRAGE

The federal government has imposed complex rules to restrict the use of tax-exempt financing. Their principal purpose is to eliminate any significant arbitrage incentives in a tax-exempt issue. We have determined the applicability of these requirements and performed the rebate calculations for more than 150 bond issues, including both fixed and variable rate bonds.

73

Current Arbitrage Calculations

We look forward to providing Sebastian River Improvement District with our resources and experience to accomplish not only those minimum requirements set forth in your Request for Proposal, but to exceed those expectations!

For even more information on Grau & Associates please visit us on www.graucpa.com.

		
	
Proposal
To Serve

Sebastian River Improvement District, Indian River County, Florida	

In Response to Request for Proposals for:

Annual Audit Services

Due by: 4:00 pm, August 20, 2025	

	

Contact:
Richie C. Tandoc, Audit & Assurance Partner Email: richie@rtandoc-cpa.com
13453 SW 105th Avenue Miami, Florida 33176
Tel. (305) 720-2502, ext. 101	

SEBASTIAN RIVER IMPROVEMENT DISTRICT

TABLE OF CONTENTS

Page(s)

Letter of Transmittal / Executive Summary………………………………………..………………………………	1-2
Proposal Requirements:
Firm Background……………………………………………………………………………………………………………………….	3-4
Proposed Engagement Team……...……………………………..…..….……………………………………….….…...….	4-7
Experience in Auditing Special Districts..……………………………………………………………...…....……..	7-9
Understanding of and Ability to Furnish the Scope of Work.………..……………………………….	9
Proposed Fees………..………….…………………………………………….………………………...………………………………	9-10

Page 175

Letter of Transmittal / Executive Summary

Page 176

August 1, 2025

Frank Sakuma, Jr. District Manager
Sebastian River Improvement District 2501A Burns Road
Palm Beach Gardens, FL 33410

RE: Proposal to Provide Annual Audit Services
Dear Mr. Sakuma:
Richie Tandoc, P.A. is pleased to have the opportunity to submit a proposal to provide annual audit services to Sebastian River Improvement District, Indian River County, Florida (the “District”) for the fiscal years ending September 30, 2025, 2026 and 2027, with the option to renew for the two fiscal years ending September 30, 2028 and 2029.
Richie Tandoc, P.A. is committed to providing value-added and quality services to the District, combining the responsive personal contact associated with a smaller firm and the sophisticated professional resources of a larger firm. As leaders in servicing governmental and non-profit entities, Richie Tandoc, P.A. is fully qualified to provide audit services to the District. We strive to exceed the expectations of our clients, with a commitment to total quality service. Translating our experience and resources into effective and efficient value-added services to the District is our highest priority, which is why we believe we are best suited to be part of your professional team.
The task that the District faces in selecting a firm to provide audit services is not an easy one. Our goal in this proposal is to present those characteristics that distinguish us as the team best suited to serve the District.
Understanding of the Work and Ability to Perform
Based on the team’s knowledge and experience gained in serving governmental and non-profit entities for over three decades, more specifically the experience that we’ve gained having been auditors for governmental organizations similar in size to the District, the team at Richie Tandoc, P.A. has a clear understanding and ability to provide the scope of services requested, as more thoroughly described throughout this proposal.
Committed to Serving Governmental and Non-Profit Entities
Although Richie Tandoc, P.A. has only recently begun operating as a CPA firm, the team at Richie Tandoc, P.A. has been in the business of serving non-profit entities for over 30 years (previously as part of PAAST, P.L. and SKJ&T, LLP). Richie Tandoc, P.A. strives to maintain its objectives in the rendering of services of the highest quality with local firm attentiveness to all of its governmental and non-profit clients.
Richie Tandoc, P.A.’s professionals, from entry-level accountants, to the managers, and to the partner, are trained to understand the issues and meet the needs of governmental and non-profit entities.

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Our professionals bring a comprehensive understanding of the issues that face governmental and non-profit entities as well as “bench strength” at all levels, allowing us to respond swiftly and effectively to your evolving needs.
Your proposed engagement team consists of the following supervisory professionals:
Richie Tandoc, Client Service and Engagement Partner – has 32 years of experience auditing governmental and non-profit organizations;
Jenny Orantes, Audit Senior Manager – has 25 years of experience auditing governmental and non-profit organizations; and
Danae Garcia, Audit Supervisor – has 23 years of experience auditing governmental and non-profit organizations.
With this team, the District can be assured that we are committed to performing the audit services within the timeframe required in the request for proposals.
Responsiveness
Richie Tandoc, P.A. takes pride in responding to the needs of its clients. This responsiveness is not only demonstrated by committing to performing our services within the timeframe required, but in responding to other requests as well. Our ability to be responsive will be enhanced by the open communications and excellent working relationship that we hope to develop with the District.

We look forward to hearing from you and to working with the District. As a Partner of Richie Tandoc, P.A., I am the District’s primary contact and I am duly authorized to make representations for, and bind, the Firm. I can be reached directly at (305) 720-2502, ext. 101 or at richie@rtandoc-cpa.com.

Sincerely,
Richie Tandoc, P.A.

Richie C. Tandoc
Audit & Assurance Partner

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Proposal Requirements

Page 179

Firm Background
Richie Tandoc, P.A. (the “Firm”) was originally founded and incorporated on March 1, 2017, but was originally a member/owner of SKJ&T, LLP and PAAST, P.L. certified public accounting firms, for over two decades. Effective July 16, 2025, Richie Tandoc, P.A. separated from PAAST, P.L. and began operating full-time as its own certified public accounting firm. In addition, all of the governmental audit professionals from PAAST, P.L. have joined Richie Tandoc, P.A. As such, the Firm will continue to provide professional services to its governmental and non-profit clients, including accounting/bookkeeping, auditing, consulting, and other assurance and advisory services.
The Firm’s audit and assurance practice (which consists of accounting, compilations, reviews, audits, consulting and other advisory services) is composed 70% of engagements in the governmental and non-profit industries, and 30% in the commercial industry, including investments, construction, manufacturing, distribution, import/export, retail, and services fields.
Richie Tandoc, P.A. is a member of the American Institute of Certified Public Accountants Private Companies Division for CPA firms. Richie Tandoc and all eligible employees are members of the American Institute of Certified Public Accountants and the Florida Institute of Certified Public Accountants, and are in good standing with such Institutes. In addition, two of the members on the assigned engagement team are Certified Fraud Examiners, and are members of the Association of Certified Fraud Examiners.
Size and Organizational Structure of the Firm
Richie Tandoc, P.A. is considered a local CPA firm, and consists of the following owner/partner:

	Years of Experience	
Richie Tandoc, Audit & Assurance Partner	32	
In addition to the Partner above, the Firm consists of 7 other audit professionals composed of the following:

	Number of Personnel	
Audit Professionals:		
Managers/Supervisors	3	
Staff	4	
Total	7	
Experience in Auditing Governmental and Non-Profit Entities
Our audit professionals have substantial experience in auditing governmental and non-profit entities in accordance with auditing standards generally accepted in the United States of America, Audits of Not-for-profit Organizations, Government Auditing Standards, OMB Uniform Guidance (i.e. Federal Single Audits), Chapter, 10.650 and 10.550, Rules of the Auditor General (i.e. State Single Audits) and the preparation of financial statements in accordance with such standards, and FASB and GASB pronouncements, statements and interpretations, where applicable. In addition, Richie Tandoc, P.A. is a member of the AICPA’s Not-for-Profit Section the Government Finance Officers Association and the Florida Government Finance Officers Association.

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The following is a select list of governmental and non-profit audits that the proposed audit team at Richie Tandoc, P.A. have worked on in the last five years (special districts and special purpose governments are highlighted in red):
	Governmental and Non-Profit Financial Statement and Single Audits	

Alzheimer's Association SE Fl. Chapter, Inc.
Bayfront Park Management Trust
Bacardi Family Foundation, Inc.
Boynton Beach Community Red. Agency
Broward Housing Solutions, Inc.
Catholic Charities Legal Services, Inc.
City of Hialeah, Florida
City of Miami, Florida
City of Miami Midtown CRA
City of Miami Omni CRA
City of Miami SE Overtown Park West CRA
Coconut Grove Business Improvement District
CubaNet News, Inc.
First Call For Help of Broward, Inc.
Florida Rising, Inc. / Florida New Majority, Inc.
Florida Rising Together, Inc. / Florida New Majority Education Fund, Inc.
Kristi House, Inc.

Proposed Engagement Team

Foundation For Human Rights in Cuba, Inc.
Lincoln Road Business Improvement District
Miami Homes for All, Inc.
Miami-Dade County Aviation Department
Miami-Dade County General Segment
Miami-Dade County Industrial Dev. Authority
Miami-Dade Expressway Authority
Miami-Dade Transit
Miami Sports & Exhibition Authority
Miami Workers Center, Inc.
Ophthalmology Research Foundation, Inc.
Outreach Aid to the Americas, Inc.
School Board of Miami-Dade County
School District of Palm Beach County
Virginia Key Beach Park Trust
Washington Avenue Business Imp. District
West Villages Improvement District
Wynwood Business Improvement District

In order to fulfill our commitment to the District, we have structured the proposed engagement team to be responsive to your needs, consisting of professionals with the skills and experience in dealing with the issues you face. Below are the resumes of the proposed engagement team members.
Richie Tandoc, CPA, CFE
Client Service & Engagement Partner
Responsibilities
Richie will serve as the primary contact for management to ensure open and effective channels of communication. His responsibilities include keeping abreast of important developments concerning issues that would directly affect the District; coordinating the total services to be provided through continuous communication with members of the engagement team; determining the content of the reports to be issued; ascertaining that professional standards have been complied with throughout the engagement; and directing and controlling the efforts of all personnel on the engagement.

Education:
Bachelor of Accounting, Florida International University
Master of Accounting, Florida International University

Resume
Richie is a Certified Public Accountant and Certified Fraud Examiner with over 31 years of experience providing audit services to governmental and non-profit clients.
Richie specializes in providing services specifically to: non-profit organizations, including charitable, religious and educational organizations and foundations, community

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Page 181

social welfare organizations, and business leagues; and governmental organizations, including state and local governments, special districts, and special-purpose governmental organizations. He also specializes in performing Federal and State Single Audits for governmental and non-profit organizations in accordance with Government Auditing Standards, OMB Uniform Guidance and Chapter, 10.650 and 10.550, Rules of the Auditor General, respectively.
Richie stays current with topics relating to accounting and auditing, and more specifically, in the government and non-profit industries, by frequently attending local, state and national training seminars and conferences provided by the American Institute of Certified Public Accountants; Florida Institute of Certified Public Accountants; Government Finance Officers Association; and Florida Government Finance Officers Association. Richie is compliant with the Yellow Book requirements for CPE.
Prior to starting Richie Tandoc, P.A., Richie was a Partner with SKJ&T, LLP/PAAST P.L. for 22 years, and prior to that, he was a Senior Manager with KPMG for 8 years. During his time at KPMG, Richie completed a 2-year audit rotation in KPMG’s London, England office.
Richie has provided services to a wide range of

Professional and Business Affiliations:
Certified Public Accountant, Florida
Certified Fraud Examiner, ACFE
Member, Association of Certified Fraud Examiners
Member, American Institute of CPAs
Member, Government Finance Officers Association
Member, Florida Government Finance
Officers Association
Alumni, Florida International University
Member and Co-Chair, United Way of
Miami-Dade County Agency Audit Committee
Member, United Way of Miami-Dade
County Community Impact Committee
Board Member, Early Learning
Coalition of Miami-Dade/Monroe
Member, Early Learning Coalition of Miami-Dade/Monroe Finance Committee
Member, FICPA Audit Committee

governmental clients including, amongst others: Boynton Beach Community Redevelopment Agency; City of Coral Springs; City of Hialeah; City of Miami; City of Miami Community Redevelopment Agencies; City of Pompano Beach; Coconut Grove Business Improvement District; Florida Department of Environmental Protection; Lincoln Road Business Improvement District; Miami-Dade County; Miami-Dade Expressway Authority; Miami-Dade County Industrial Dev. Authority; School Board of Miami-Dade County; School District of Palm Beach County; Washington Avenue Business Improvement District; West Villages Improvement District; and Wynwood Business Improvement District.
Jenny Orantes, CFE
Engagement Senior Manager
Responsibilities
Jenny will be responsible for developing and coordinating the overall audit work plan under the direction of the client service partner. Her responsibilities also include supervising staff personnel, coordinating the day-to-day audit fieldwork with the Supervisor, and performing an in-depth review of all pertinent work papers and reports.

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Jenny will also be responsible for coordinating the completion of the audit and the preparation of the reports; and for bringing to the attention of the client service partner any technical and sensitive issues, and potential solutions to such.

Education:
Bachelor of Accounting, Florida International University
Master of Accounting, Florida International
University

Professional and Business Affiliations:
Certified Fraud Examiner, ACFE
Member, Association of Certified Fraud Examiners
Associate Member, American Institute
of CPAs
Associate Member, Florida Institute of CPAs
Member, Gov’t Finance Officers
Association
Member, Florida Gov’t Finance Officers Association
Alumni, Florida International
University
Former Member, United Way of
Miami-Dade County Agency Audit Committee

Resume
Jenny is a Certified Fraud Examiner with over 25 years of experience providing audit services to governmental and non-profit clients. Prior to the joining Richie Tandoc, P.A., she spent her entire public accounting career at SKJ&T/PAAST, P.L., rising to the level of Senior Manager.
She has substantial experience in auditing governmental and non-profit entities in accordance with Government Auditing Standards, auditing federal and state grants in accordance with OMB Circular A-133/Uniform Guidance and Rules of the Auditor General of the State of Florida.
Jenny stays current with topics relating to accounting and auditing, and more specifically, in the government and non-profit industries, by frequently attending local, state and national training seminars and conferences provided by the American Institute of Certified Public Accountants; Florida Institute of Certified Public Accountants; Government Finance Officers Association; and Florida Government Finance Officers Association. Jenny is compliant with the Yellow Book requirements for CPE.
Jenny has provided services to a wide range of government clients including, amongst others:
Boynton Beach Community Redevelopment Agency; City of Coral Springs; City of Miami Community Redevelopment Agencies; Coconut
Grove Business Improvement District; Florida Department of Environmental Protection; Miami-Dade County; Miami-Dade County Aviation Department; Miami Beach Housing Authority; School Board of Miami-Dade County; School District of Palm Beach County; and Wynwood Business Improvement District.

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Danae Garcia
Engagement Supervisor
Responsibilities
Danae will assist in the planning of the audit; allocate audit tasks to staff and direct the day-to-day performance of the plan; will be under the supervision of the client service partner and senior manager; supervise audit staff and oversee daily progress of the engagement; communicate with the senior manager regarding the progress of the audit; review all workpapers and reports; and identify any technical issues to be discussed with the senior manager.
Resume

Education and Professional Affiliations:
Bachelor of Accounting, Florida International University
Currently studying for the Certified Fraud Examiners exam
Associate Member, AICPA
Associate Member, FICPA
Alumni, Florida Int’l University

Danae has over 23 years of experience providing audit services to governmental and non-profit clients. Prior to the joining Richie Tandoc, P.A, she spent her entire public accounting career at SKJ&T/PAAST, P.L., rising to the level of Supervisor. She has substantial experience in auditing governmental and non-profit entities in accordance with Government Auditing Standards, auditing federal and state grants in accordance with OMB Circular A-133/Uniform Guidance and Rules of the Auditor General of the State of Florida.
Danae stays current with topics relating to accounting and auditing, and more specifically, in the government and non-profit industries, by frequently attending local, state and national training seminars and conferences provided by the American Institute of Certified Public Accountants; Florida Institute of Certified Public Accountants; Government Finance Officers Association; and Florida Government Finance Officers Association. Danae is compliant with the Yellow Book requirements for CPE.
Danae has provided services to a wide range of government clients including, amongst others: Boynton Beach Community Redevelopment Agency; City of Miami; City of Miami Community Redevelopment Agencies; Coconut Grove Business Improvement District; Lincoln Road Business Improvement District; Miami-Dade County; Miami-Dade County Industrial Dev. Authority; School Board of Miami-Dade County; School District of Palm Beach County; Virginia Key Beach Park Trust; Washington Avenue Business Improvement District; West Villages Improvement District; and Wynwood Business Improvement District.

Experience in Auditing Special Districts
Our professionals have substantial experience in auditing governmental entities in accordance with auditing standards generally accepted in the United States of America, Audits of Not-for-profit Organizations, Government Auditing Standards, OMB Uniform Guidance (i.e. Federal Single Audits), Chapter, 10.650 and 10.550, Rules of the Auditor General (i.e. State Single Audits) and the preparation of financial statements in accordance with such standards, and FASB and GASB pronouncements, statements and interpretations, where applicable.
More specifically, we have significant experience in auditing special districts and other special purpose governmental entities, similar to the District. The following is a select list of special districts that the proposed team members have provided audit services to in the last year:

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Boynton Beach Community Redevelopment Agency

Services Conducted:	Financial statement audit

Principal Contact:	Vicki Hill, Finance Director
100 E. Ocean Ave, Boynton Beach, FL 33435
(561) 600-9092
HillV@bbfl.us

City of Miami Community Redevelopment Agencies (3 Special Districts)

Services Conducted:	Financial statement audit, Federal single audit, and agreed-
upon procedures

Principal Contact:	Miguel Valentin, Finance Officer
819 NW 2nd Ave, 3rd Floor, Miami, FL 33136
(305) 679-6810
mavalentin@miamigov.com

Coconut Grove Business Improvement District

Services Conducted:	Financial statement audit

Principal Contact:	Mark Burns, Executive Director
3250 Mary St. #305, Coconut Grove, FL 33133
(305) 461-5506
mark@grovebid.com

Lincoln Road Business Improvement District

Services Conducted:	Financial statement audit

Principal Contact:	Anabel Llopis, Executive Director
1620 Drexel Ave, Suite 100, Miami Beach, FL 33139
(305) 600-0219
anabel@lincolnrd.com

Miami-Dade County Industrial Development Authority

Services Conducted:	Financial statement audit

Principal Contact:	Amanda Llovet, CFO
80 SW 8th St, Suite 2801, Miami, FL 33130
(305) 579-0070
allovet@mdcida.org

Washington Avenue Business Improvement District

Services Conducted:	Financial statement audit

Principal Contact:	Troy Wright, Executive Director
1234 Washington Ave., #204, Miami Beach, FL 33139
(305) 916-0779
twright@washavemb.com

West Villages Improvement District

Services Conducted:	Financial statement audit and state single audit

Principal Contact:	Jeff Walker, CFO (Special District Services, Inc.) 2501A Burns Rd, Palm Beach Gardens, FL 33410
(561) 579-630-4922
JWalker@sdsinc.org

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Wynwood Business Improvement District

Services Conducted:	Financial statement audit

Principal Contact:	Don Meginley (Interim Executive Director) 118 NW 25th St, Miami, FL 33127
(786) 615-8828
donmeginley@mac.com

Understanding of and Ability to Furnish the Scope of Work
Richie Tandoc, P.A. has the ability and capability to perform the services required in the RFP, based on the proposed team members’ experience in auditing similar entities, and our knowledge of and expertise in state and local government accounting and auditing. We understand the scope of work includes an audit of the District’s basic financial statements, in accordance with:
Rules of the Auditor General of the State of Florida, Chapters 10.550;
Section 218.415, Florida Statutes, Local Government Investment Policies;
Audits of State and Local Governments, issued by the AICPA;
Generally Accepted Auditing Standards;
Government Auditing Standards, issued by the Comptroller General of the United States;
Generally Accepted Governmental Accounting Standards; and
Any other applicable federal, state, local regulations or professional guidance not specifically listed above, which may be adopted by these organizations in the future.
Our understanding of the reports to be issued for the District, include:
Report on the fair presentation of the basic financial statements (independent auditor’s report);
Report on internal control over financial reporting and on compliance and other matters based on an audit of the financial statements (Yellow Book report);
Management letter in accordance with “Rules of the Auditor General”; and
Report on compliance with Section 218.415, Florida Statutes, Local Government Investment Policies.
As previously mentioned, although the Firm has only recently begun operations as its own CPA firm, all of the government audit professionals at the Firm have been together since their days at SKJ&T, LLP / PAAST, P.L. The three members on the proposed team have been working together since 2003, and have been providing audit services to our governmental clients since then, and will continue to do so under Richie Tandoc, P.A.

Proposed Fees
Richie Tandoc, P.A.’s policy is to estimate fees at amounts that are highly competitive, but will also enable us to respond to your needs and provide the quality of service that the District requires. In general, our fees are based on the level of experience and training of the individuals assigned to the engagement.
Our proposed fees below also include the availability of the members of the engagement team to assist the District in answering any accounting, auditing, and/or financial reporting technical questions, or any other questions within the scope of the audit engagement, during the engagement and throughout the year. We do not charge extra for these kinds of technical questions. However, questions or services that are not within the scope of the audit may include those services that would not impair our independence as your auditors, such as consent letters, certain agreed-upon procedures, tax-related research and inquiries, and certain other financial consulting services, and would therefore be charged at rates agreed-upon with management.

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Richie Tandoc, P.A.’s lump sum proposed cost for the annual audit services, are as follows:
Lump Sum
	Year Ending Sep 30,	  Proposed Cost 

2025	$	4,900	
2026	4,900	
2027	4,900	
2028	5,200	
2029	5,200	

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Page 187

November 18, 2025

Todd Wodraska
Special District Services, Inc. 2501A Burns Rd
Palm Beach Gardens, FL 33410

RE:	Project:	Sebastian Quarterly SW
Pace Project No.:	35996667

Dear Todd Wodraska:
Enclosed are the analytical results for sample(s) received by the laboratory on November 10, 2025. The results relate only to the samples included in this report. Results reported herein conform to the applicable TNI/NELAC Standards and the laboratory's Quality Manual, where applicable, unless otherwise noted in the body of the report.

The test results provided in this final report were generated by each of the following laboratories within the Pace Network:
Pace Analytical Services - Ormond Beach
Pace Analytical Services - South Florida
If you have any questions concerning this report, please feel free to contact me. Sincerely,

Cameron Meynardie cameron.meynardie@pacelabs.com 813-855-1844
Project Manager

Enclosures

cc: Sylvia Bethel, Sebastian WCD
B. Frank Sakuma, Jr, Sebastian WCD George Simons, Sebastian WCD
Frances Ware, Special District Services, Inc.

CERTIFICATIONS

Project:
Pace Project No.:

Sebastian Quarterly SW 35996667

Pace Analytical Services Ormond Beach
8 East Tower Circle, Ormond Beach, FL 32174 Alaska DEC- CS/UST/LUST
Alabama Certification #: 41320 California Certification# 3096
Colorado Certification: FL NELAC Reciprocity Connecticut Certification #: PH-0216 Delaware Certification: FL NELAC Reciprocity DoD-ANAB #:ADE-3199
Florida Certification #: E83079 Georgia Certification #: 955
Guam Certification: FL NELAC Reciprocity Hawaii Certification: FL NELAC Reciprocity Illinois Certification #: 200068
Indiana Certification: FL NELAC Reciprocity Kansas Certification #: E-10383
Kentucky Certification #: 90050
Louisiana Certification #: FL NELAC Reciprocity Louisiana Environmental Certificate #: 05007 Maine Certification #: FL01264
Maryland Certification: #346 Massachusetts Certification #: M-FL1264 Michigan Certification #: 9911
Mississippi Certification: FL NELAC Reciprocity Missouri Certification #: 236

Montana Certification #: Cert 0074 Nebraska Certification: NE-OS-28-14 Nevada Certification: FL NELAC Reciprocity New Hampshire Certification #: 2958
New Jersey Certification #: FL022 New York Certification #: 11608
North Carolina Environmental Certificate #: 667 North Carolina Certification #: 12710
North Dakota Certification #: R-216 Ohio DEP 87780
Oklahoma Certification #: D9947 Pennsylvania Certification #: 68-00547 Puerto Rico Certification #: FL01264 South Carolina Certification: #96042001 Tennessee Certification #: TN02974 Texas Certification: FL NELAC Reciprocity
US Virgin Islands Certification: FL NELAC Reciprocity Utah
Utah FL NELAC Reciprocity
Virginia Environmental Certification #: 460165 Washington Certification #: C955
West Virginia Certification #: 9962C Wisconsin Certification #: 399079670
Wyoming (EPA Region 8): FL NELAC Reciprocity

Pace Analytical Services South Florida
3610 Park Central Blvd N, Pompano Beach, FL 33064	Florida Certification #: E86240

SAMPLE SUMMARY

Project:
Pace Project No.:

Sebastian Quarterly SW 35996667

Lab ID	Sample ID	Matrix	Date Collected	Date Received		
35996667001	510 BRIDGE	Water	11/10/25 10:10	11/10/25 17:10		

REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC.

Page 3 of 20

	SAMPLE ANALYTE COUNT		
Project:	Sebastian Quarterly SW			
Pace Project No.:	35996667			

Lab ID	
Sample ID	
Method	
Analysts	Analytes Reported	
Laboratory		
35996667001	510 BRIDGE	SM 2520B Modified	KSD	1	PASI-SF		
		SM 2540C	AAV	1	PASI-O		
		SM 2540D	TPM	1	PASI-O		
		SM 5210B	JH	1	PASI-O		
		EPA 300.0	CMB1	1	PASI-O		
		EPA 350.1	AEL	1	PASI-O		
		EPA 351.2	KMM1	1	PASI-O		
		EPA 353.2	SAH	1	PASI-O		
		EPA 365.3	KMM1	1	PASI-O		

PASI-O = Pace Analytical Services - Ormond Beach
PASI-SF = Pace Analytical Services - South Florida

REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC.

Page 4 of 20

ANALYTICAL RESULTS

Project:
Pace Project No.:

Sebastian Quarterly SW 35996667

Sample: 510 BRIDGE	Lab ID: 35996667001	Collected: 11/10/25 10:10	Received: 11/10/25 17:10  Matrix: Water

Field Data

Analytical Method:
Pace Analytical Services - Ormond Beach

Salinity by Conductivity

Analytical Method: SM 2520B Modified
Pace Analytical Services - South Florida

Salinity	7.0 U	ppt	7.0	7.0	1	11/13/25 12:02

2540C Total Dissolved Solids

Analytical Method: SM 2540C
Pace Analytical Services - Ormond Beach

Total Dissolved Solids	568	mg/L	5.0	5.0	1	11/14/25 11:58

2540D Total Suspended Solids

Analytical Method: SM 2540D
Pace Analytical Services - Ormond Beach

5210B BOD, 5 day

Analytical Method: SM 5210B
Pace Analytical Services - Ormond Beach

300.0 IC Anions 28 Days

Analytical Method: EPA 300.0
Pace Analytical Services - Ormond Beach

350.1 Ammonia

Analytical Method: EPA 350.1
Pace Analytical Services - Ormond Beach

351.2 Total Kjeldahl Nitrogen

Analytical Method: EPA 351.2 Preparation Method: EPA 351.2
Pace Analytical Services - Ormond Beach

353.2 Nitrogen, NO2/NO3 unpres

Analytical Method: EPA 353.2
Pace Analytical Services - Ormond Beach

Parameters	Results	Units

PQL

MDL

DF	Prepared	Analyzed	CAS No.	Qual

Field pH	7.28	Std. Units	1	11/10/25 10:10		
Field Temperature	23.1	deg C	1	11/10/25 10:10		
Field Specific Conductance	989.0	umhos/cm	1	11/10/25 10:10		
Oxygen, Dissolved	6.58	mg/L	1	11/10/25 10:10	7782-44-7	
Turbidity	7.44	NTU	1	11/10/25 10:10		

Total Suspended Solids	9.0	mg/L	5.0	5.0	1	11/15/25 23:01	PP	

BOD, 5 day	2.0 U	mg/L	2.0	2.0	1	11/11/25 08:49	11/16/25 11:03	V	

Chloride	176	mg/L	25.0	12.5	5	11/11/25 22:11	16887-00-6	

Nitrogen, Ammonia	0.064	mg/L	0.050	0.035	1	11/13/25 13:01	7664-41-7	

Nitrogen, Kjeldahl, Total	0.82	mg/L	0.50	0.20	1	11/11/25 19:49	11/13/25 14:48	7727-37-9	

Nitrogen, Nitrate	0.18	mg/L	0.050	0.025	1	11/11/25 11:21	14797-55-8	

365.3 Phosph. Total Low Level

Analytical Method: EPA 365.3 Preparation Method: EPA 365.3 Pace Analytical Services - Ormond Beach

Phosphorus, Total (as P) LL	0.092	mg/L

0.0040	0.0028	1

11/11/25 13:38

11/12/25 11:25 7723-14-0

Date: 11/18/2025 01:05 PM

REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC.

Page 5 of 20

QUALITY CONTROL DATA

Project:
Pace Project No.:

Sebastian Quarterly SW 35996667

QC Batch:
QC Batch Method:

1144690
SM 2520B Modified

Analysis Method: Analysis Description:

SM 2520B Modified Salinity Conductivity

Laboratory:	Pace Analytical Services - South Florida
Associated Lab Samples:	35996667001

METHOD BLANK:  6273692
Associated Lab Samples:	35996667001

Matrix: Water

Parameter	Units

Blank Result

Reporting Limit

MDL

Analyzed

Qualifiers

Salinity	ppt	7.0 U	7.0

7.0

11/13/25 11:50

LABORATORY CONTROL SAMPLE:		6273693		
Spike		
LCS		
LCS		
% Rec		
Parameter		Units		Conc.		Result		% Rec		Limits	Qualifiers		
Salinity		ppt		35		37.4		107		 
90-110		
SAMPLE DUPLICATE:  6273694												

Parameter	Units

35993930001
Result

Dup Result

RPD

Max
RPD	Qualifiers

Salinity	ppt

<7.0

7.0 U	5

Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result.

QUALITY CONTROL DATA

Project:
Pace Project No.:

Sebastian Quarterly SW 35996667

QC Batch:
QC Batch Method:

1144929
SM 2540C

Analysis Method: Analysis Description:

SM 2540C
2540C Total Dissolved Solids

Laboratory:	Pace Analytical Services - Ormond Beach
Associated Lab Samples:	35996667001

METHOD BLANK:  6275651
Associated Lab Samples:	35996667001

Matrix: Water

Parameter	Units

Blank Result

Reporting Limit

MDL

Analyzed

Qualifiers

Total Dissolved Solids	mg/L	5.0 U	5.0

5.0

11/14/25 11:58

LABORATORY CONTROL SAMPLE:	6275652		
		Spike	LCS	LCS	% Rec		
Parameter	Units	Conc.	Result	% Rec	Limits	Qualifiers	
Total Dissolved Solids		mg/L		
300	296		99		90-110			
SAMPLE DUPLICATE:  6275653

Parameter		

Units		
35996684001
Result	
Dup Result		

RPD		
Max RPD		

Qualifiers	

Total Dissolved Solids	mg/L

282

281	0	10

SAMPLE DUPLICATE:

6275654

35996684002

Dup

Max

Parameter	Units

Result

Result

RPD

RPD	Qualifiers

Total Dissolved Solids	mg/L

297

298	0	10

Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result.

QUALITY CONTROL DATA

Project:
Pace Project No.:

Sebastian Quarterly SW 35996667

QC Batch:
QC Batch Method:

1145265
SM 2540D

Analysis Method: Analysis Description:

SM 2540D
2540D Total Suspended Solids

Laboratory:	Pace Analytical Services - Ormond Beach
Associated Lab Samples:	35996667001

METHOD BLANK:  6277991
Associated Lab Samples:	35996667001

Matrix: Water

Parameter	Units

Blank Result

Reporting Limit

MDL

Analyzed

Qualifiers

Total Suspended Solids	mg/L	5.0 U	5.0

5.0

11/15/25 23:01

LABORATORY CONTROL SAMPLE:	6277992						
		Spike	LCS	LCS	% Rec		
Parameter	Units	Conc.	Result	% Rec	Limits	Qualifiers	
Total Suspended Solids		mg/L		
100	98.0		98		90-110			
SAMPLE DUPLICATE:  6277993

Parameter		

Units		
35996667001
Result	
Dup Result		

RPD		
Max RPD		

Qualifiers	

Total Suspended Solids	mg/L

9.0

9.0

0	10 PP

SAMPLE DUPLICATE:

6277994

35996674001

Dup

Max

Parameter	Units

Result

Result

RPD

RPD	Qualifiers

Total Suspended Solids	mg/L

16.5

17.0	3	10

Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result.

QUALITY CONTROL DATA

Project:
Pace Project No.:

Sebastian Quarterly SW 35996667

QC Batch:
QC Batch Method:

1143801
SM 5210B

Analysis Method: Analysis Description:

SM 5210B
5210B BOD, 5 day

Laboratory:	Pace Analytical Services - Ormond Beach
Associated Lab Samples:	35996667001

METHOD BLANK:  6269103
Associated Lab Samples:	35996667001

Matrix: Water

Parameter	Units

Blank Result

Reporting Limit

MDL

Analyzed

Qualifiers

BOD, 5 day	mg/L	2.0 U	2.0

2.0

11/16/25 10:07  V

LABORATORY CONTROL SAMPLE:

6269105

Spike

LCS

LCS

% Rec

Parameter	Units
BOD, 5 day	mg/L

Conc.
198

Result

168

% Rec

Limits	Qualifiers
85	84.6-115.4 V

SAMPLE DUPLICATE:

6269106

35996559001

Dup

Max

Parameter	Units
BOD, 5 day	mg/L

Result

163

Result

147

RPD

RPD	Qualifiers
10	20 V

Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result.

QUALITY CONTROL DATA

Project:
Pace Project No.:

Sebastian Quarterly SW 35996667

QC Batch:
QC Batch Method:

1143907
EPA 300.0

Analysis Method: Analysis Description:

EPA 300.0
300.0 IC Anions

Laboratory:	Pace Analytical Services - Ormond Beach
Associated Lab Samples:	35996667001

METHOD BLANK:  6269707
Associated Lab Samples:	35996667001

Matrix: Water

Parameter	Units

Blank Result

Reporting Limit

MDL

Analyzed

Qualifiers

Chloride	mg/L	2.5 U	5.0

2.5

11/11/25 17:24

LABORATORY CONTROL SAMPLE:		6269708		
				Spike		LCS			LCS			% Rec		
Parameter		Units		Conc.		Result			% Rec			Limits	Qualifiers		
Chloride		mg/L		50			48.9			98		 
90-110		

MATRIX SPIKE & MATRIX SPIKE DUPLICATE:	6272707
MS	
MSD	6272708		
35995750004	Spike	Spike	MS	MSD	MS	MSD	% Rec		Max	
Parameter	Units	Result	Conc	Conc.	Result	Result	% Rec	% Rec	Limits	RPD	RPD  Qual	
Chloride	mg/L		5.1	50		50		52.4		52.4		95		95	90-110	0	20			

.

MATRIX SPIKE & MATRIX SPIKE DUPLICATE:	6272709
MS	
MSD	6272710		
35996710001	Spike	Spike	MS	MSD	MS	MSD	% Rec	Max	
Parameter	Units	Result	Conc	Conc.	Result	Result	% Rec	% Rec	Limits	RPD  RPD  Qual	
Chloride	mg/L		52.9	50		50		107		107		108		108	90-110	0		20 L	

.

Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result.

QUALITY CONTROL DATA

Project:
Pace Project No.:

Sebastian Quarterly SW 35996667

QC Batch:
QC Batch Method:

1144686
EPA 350.1

Analysis Method: Analysis Description:

EPA 350.1
350.1 Ammonia

Laboratory:	Pace Analytical Services - Ormond Beach
Associated Lab Samples:	35996667001

METHOD BLANK:  6273674
Associated Lab Samples:	35996667001

Matrix: Water

Parameter	Units

Blank Result

Reporting Limit

MDL

Analyzed

Qualifiers

Nitrogen, Ammonia	mg/L	0.035 U	0.050

0.035

11/13/25 12:18

LABORATORY CONTROL SAMPLE:

6273675

Spike

LCS

LCS

% Rec

Parameter	Units
Nitrogen, Ammonia	mg/L

Conc.
1

Result

1.0

% Rec

Limits	Qualifiers
102	90-110

MATRIX SPIKE & MATRIX SPIKE DUPLICATE:	6273677
MS			
MSD			6273676		
35996634001	Spike			Spike			MS	MSD		MS		MSD	% Rec			Max	
Parameter	Units	Result	Conc.			Conc.			Result	Result		% Rec		% Rec	Limits	RPD		RPD  Qual	

Nitrogen, Ammonia	mg/L	0.043 I	1			1		
1.0	1.0		100		100	90-110	0		 
20	

MATRIX SPIKE & MATRIX SPIKE DUPLICATE:	6273678
MS	
MSD	6273679		
35996636003	Spike	Spike	MS	MSD	MS	MSD	% Rec	Max		
Parameter	Units	Result	Conc.	Conc.	Result	Result	% Rec	% Rec	Limits	RPD  RPD	Qual	
Nitrogen, Ammonia	mg/L		0.035 U	1		1		1.0		1.0		99		100	90-110	0		20			

Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result.

QUALITY CONTROL DATA

Project:
Pace Project No.:

Sebastian Quarterly SW 35996667

QC Batch:
QC Batch Method:

1144109
EPA 351.2

Analysis Method: Analysis Description:

EPA 351.2
351.2 TKN

Laboratory:	Pace Analytical Services - Ormond Beach
Associated Lab Samples:	35996667001

METHOD BLANK:  6270751
Associated Lab Samples:	35996667001

Matrix: Water

Parameter	Units

Blank Result

Reporting Limit

MDL

Analyzed

Qualifiers

Nitrogen, Kjeldahl, Total	mg/L	0.20 U	0.50

0.20

11/13/25 14:44

LABORATORY CONTROL SAMPLE:		6270752		
				Spike		LCS			LCS			% Rec		
Parameter		Units		Conc.		Result			% Rec			Limits	Qualifiers		
Nitrogen, Kjeldahl, Total		mg/L		20			19.3			97		 
90-110		

MATRIX SPIKE & MATRIX SPIKE DUPLICATE:	6270754
MS			
MSD		6270753		
35996767002	Spike			Spike		MS	MSD		MS		MSD	% Rec			Max	
Parameter	Units	Result	Conc	.		Conc.		Result	Result		% Rec		% Rec	Limits	RPD		RPD  Qual	
Nitrogen, Kjeldahl, Total	mg/L	0.77	20		20		
20.3	20.2		98		97	90-110	1		 
20	

MATRIX SPIKE & MATRIX SPIKE DUPLICATE:	6270756
MS	
MSD	6270755		
35996768002	Spike	Spike	MS	MSD	MS	MSD	% Rec	Max		
Parameter	Units	Result	Conc	Conc.	Result	Result	% Rec	% Rec	Limits	RPD  RPD	Qual	
Nitrogen, Kjeldahl, Total	mg/L		0.73	20		20		20.3		20.3		98		98	90-110	0		20			

.

Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result.

QUALITY CONTROL DATA

Project:
Pace Project No.:

Sebastian Quarterly SW 35996667

QC Batch:
QC Batch Method:

1143899
EPA 353.2

Analysis Method: Analysis Description:

EPA 353.2
353.2 Nitrate + Nitrite, Unpres.

Laboratory:	Pace Analytical Services - Ormond Beach
Associated Lab Samples:	35996667001

METHOD BLANK:  6269675	Matrix: Water

Associated Lab Samples:	35996667001		

Parameter		
Units		Blank Result		Reporting Limit		
MDL		
Analyzed	Qualifiers	
Nitrogen, Nitrate		mg/L		0.025 U		0.050		0.025		 
11/11/25 10:43	

Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result.

QUALITY CONTROL DATA

Project:
Pace Project No.:

Sebastian Quarterly SW 35996667

QC Batch:
QC Batch Method:

1143976
EPA 365.3

Analysis Method: Analysis Description:

EPA 365.3
365.3 Low Level Total Phosphorus

Laboratory:	Pace Analytical Services - Ormond Beach
Associated Lab Samples:	35996667001

METHOD BLANK:  6269975
Associated Lab Samples:	35996667001

Matrix: Water

Parameter	Units

Blank Result

Reporting Limit

MDL

Analyzed

Qualifiers

Phosphorus, Total (as P) LL	mg/L	0.0028 U	0.0040

0.0028

11/12/25 11:34

LABORATORY CONTROL SAMPLE:		6269976		
				Spike		LCS		LCS			% Rec		
Parameter		Units		Conc.		Result		% Rec			Limits	Qualifiers		
Phosphorus, Total (as P) LL		mg/L		0.1		0.095			95		 
90-110		

MATRIX SPIKE & MATRIX SPIKE DUPLICATE:	6269978
MS		
MSD		6269977		
35996636002	Spike		Spike		MS	MSD		MS		MSD	% Rec			Max	
Parameter	Units	Result	Conc.		Conc.		Result	Result		% Rec		% Rec	Limits	RPD		RPD  Qual	
Phosphorus, Total (as P) LL	mg/L	0.031	0.1		0.1		
0.13	0.13		101		100	80-120	1		
20	

Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result.

QUALIFIERS

Project:
Pace Project No.:

Sebastian Quarterly SW 35996667

DEFINITIONS

DF - Dilution Factor, if reported, represents the factor applied to the reported data due to dilution of the sample aliquot. ND - Not Detected at or above adjusted reporting limit.
TNTC - Too Numerous To Count
MDL - Adjusted Method Detection Limit. PQL - Practical Quantitation Limit.
RL - Reporting Limit - The lowest concentration value that meets project requirements for quantitative data with known precision and
bias for a specific analyte in a specific matrix. S - Surrogate
1,2-Diphenylhydrazine decomposes to and cannot be separated from Azobenzene using Method 8270. The result for each analyte is a combined concentration.
Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate % recovery and RPD values. LCS(D) - Laboratory Control Sample (Duplicate)
MS(D) - Matrix Spike (Duplicate) DUP - Sample Duplicate
RPD - Relative Percent Difference NC - Not Calculable.
SG - Silica Gel - Clean-Up
U - Indicates the compound was analyzed for, but not detected.
N-Nitrosodiphenylamine decomposes and cannot be separated from Diphenylamine using Method 8270. The result reported for each analyte is a combined concentration.
Reported results are not rounded until the final step prior to reporting. Therefore, calculated parameters that are typically reported as "Total" may vary slightly from the sum of the reported component parameters.
Pace Analytical is TNI accredited. Contact your Pace PM for the current list of accredited analytes. TNI - The NELAC Institute.

ANALYTE QUALIFIERS
I	The reported value is between the laboratory method detection limit and the laboratory practical quantitation limit. U	Compound was analyzed for but not detected.
L	Off-scale high. Actual value is known to be greater than value given.
PP	The mass of dried residue obtained did not meet the test method requirements based on volume used.
V	Indicates that the analyte was detected in both the sample and the associated method blank.

Date: 11/18/2025 01:05 PM

REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC.

Page 15 of 20

QUALITY CONTROL DATA CROSS REFERENCE TABLE

Project:

Pace Project No.:

Sebastian Quarterly SW 35996667

Lab ID	
Sample ID	
QC Batch Method	
QC Batch	
Analytical Method	Analytical Batch	
35996667001	510 BRIDGE					
35996667001	510 BRIDGE	SM 2520B Modified	1144690			
35996667001	510 BRIDGE	SM 2540C	1144929			
35996667001	510 BRIDGE	SM 2540D	1145265			
35996667001	510 BRIDGE	SM 5210B	1143801	SM 5210B	1145328	
35996667001	510 BRIDGE	EPA 300.0	1143907			
35996667001	510 BRIDGE	EPA 350.1	1144686			
35996667001	510 BRIDGE	EPA 351.2	1144109	EPA 351.2	1144662	
35996667001	510 BRIDGE	EPA 353.2	1143899			
35996667001	510 BRIDGE	EPA 365.3	1143976	EPA 365.3	1144132	

Date: 11/18/2025 01:05 PM

REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC.

Page 16 of 20

filace

P:au• Location 80:QuHtQO (City/SUn�J:
Pace Ana1ytical Ot"TI□nd Beach
S East To•Ner Circle, Ormond Beach, FL 32l711

CHAIN-OF-CUSTODY Analytical Request Document

I	;#

lJ0#:35996667

....
I
'

i	Chatrr-of-Custody is a LEGAL OOCUMCNl - Complete all relevant field�

C.omplttVName	Sebastian WCD
St11�e-, Adore��·	P.O. Box 690336 Vero Beach, FL 32969

C<>n<•<IIR•?Ort To:  John Lang
Phone n	(772) 562-9176

I
1111\ 11111111111111111	I

au:ome, PtOJ�Ct !: :

E-Mail;	adm1nistration@siid.com
Cc.E-Ma1I.

Invoice To·

35996667	I
"

F',o:ea N;ime	Sebastian Quarterly SW

Invoice E-Mail.

I	Specify ContainPr S11e .. •	• "Container Srze (1) ll, (7) SOOr,L. Ut 2SOmL, (4)

I 1	3	1	3	4

125ml, (5) lOOmL [6) 4GmLvial. :J\ C:nCore, (6t
,_.,,0:;i(,, (9) Other

She :ollect1on 1nfo/�;wlrty ID (as applicable):

Purch.u.t: Order # (if
1ppllnble).

Quo:e P:

ld&ntrf\l Contamer 0reservat,ve Ty�e...••	•••Preservative Types: {11 None (7) hN03, !1)

3	1	1	1

I 1	H:t504, (4) HCI, (S) NaOH, (6) Zn :,ce!.lte. (7)
N.aHSO:. (8) Sod Th'1o�ulfote. (9) :..,:::urb1c .ti.c1d, \10)
Analysis Recuested	M�lf.(:l)Ot,er

Timi Zone Coll!:'cted: I I AK	I IDT	I JMT	I I CT	I XI ET

COL 1ty / State or1grn of sampl�fil:	Florida	I

ProJ Mgr:

-

Cameron Meynardie	0

Data D+lhle.r.1<:::1es

I I Lev!..•1I!	I ] Level 1H	I  ] Level lV

Regu\alo,V Program (DVi, RCRA. etc_) as apµhcab,e:

A�Num / Client ID:

"

�

"0 '
"'
�

Rush (Pre-approval required):
I I EQulS	I J2 Day I )3 day I i 5 day I I Other

0\\1 PWSID # or WV,/ Permit# as applicable.
l

o T•bl<t #:
0
:',

0

r

� �
0 C.

l j Othl',	Date Results	Field Fil:ered (,' applicable): f . "e5  I . No
Requested:	An•lv.sls:
M,1tr1x Codes (ln�ert 1n Matrix oox below): Ormking Water (DW), Ground Water (GW), Wa!te Waler (INWJ, Product (P), Soil/Solid (SS). O,I (OL), Wipe (WP), TTssue (TS), Biorissay (S), Vapor (V),
otht• (OT). Suriace Water (SW).Sed1ment (SEO), Sludge ISL), Caulk
Comp/	CcUeaed	Composite Enrt	Res.  Number& Type of

Page 204

Customer Sample ID	Matrix•  Grab	for Compo�te Start)	Cll	Coflbfnen.
D.lle	T,me	Date	Time	Ptlltic  Gfu.s  ro

0.. I-
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SW	Grab

\-.J-\('}7,

lnlr-	5

1	1	1	1	1

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I

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CLJ5tomer Rer1arks / S:.iecial Condrt.,ons / Possible Hazards:

I

-J\VA

Collected By:
Prrn1.cd 'Jame

�	��-

SlC�lure·	\

\_)�7:t�l

Addl;:io"a! Instructions from Pace!-;

•eovl.cw	Thermorrete· ID	Correction Factor (•cJ:	(;t>s Tem1J.•(•q	Corr,:cted -e-.p (•c)

Page 17 of 20

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Page:	1	of	1

Subm,tting a sarric.le via this cna1n of custody constil'Jtes ac.'kr,o.wledgme.nt ar1d acceotance of the Pace·oi Terms and Conditions found at hn.pr.//-..vww,pace abs.com/resourct?•llbrar'{/rescurce/pa<" ..te·ms-and<c:1ndltram/	ENV,FRM-CORO-0019_v01_082,23 ©

Project# Project Manager:
Client:

'"'le Condition l loo� RecP.1nt For,11

-: ,,,. • :s�c,ed by Ormond Seac,,

f-<s/-

Date and Initials of person:1 l/1()/,)..'.,-
Examining contents:
Verifying pH:	_

Thermometer Used 	 -_._i _½_,�_ 

Time. 17 / l

_</JX-,"'-..,.,.."'_,,_\.,_-

Initials:	_

State of Origin. 	_

0 For vW pro1ec1s all containers venfied to s6 'C

Cooler 111 Temp.'C 1•  ..�..' , (Visual) �\+-'�r')-�\(Correction Facto,) ---2-·'l.�lt-(Actual) Cooler #2 Temp.'C	 (Visual) 	(Correction Factor) 	(Actual)
Cooler #3 Temp.'C		 (Visual) 	 (Correction Factor) 	 (Actual) Cooler #4 Temp.'C		(Visual) 		 (Correction Factor) 		(Actual) Cooler #5 Temp.°C	 (Visual) 		(Correction Factor) 		(Actual) Cooler #6 Temp."C	  (Visual) 		 (Correction Factor) 		(Actual)

Recheck ror OOT "C	(Visual)	(Correction Facto,·)	(Actual)	Time:	_

Courier: □Fed Ex □UPS fJUSPS ["JClient OCommerctal

ace	□Other.

	r/'

□Samples collected sameday, on tee cooling has begun
□Samples collected sameday, on ice cooling has begun
□Samples collected sameday, on ice cooling has begun
□Samples collected sameday, on ice cooling has begun []Samples collected sameday, on ice cooling has begun
□Samples collected sameday, on ice cooling has begun

Initials:

ihipping Mothod: □Standard Overnight OrirM Overnight □Pnorlty Ov.,1111yl11 OG,uu11<.J iJ1r11�rriatlonal Priority	Outner·

Tracking# 	

Custody Seal Present:  Yes UNo  Seal properly placed and intact: □Yes □No
Packing Material: □Bubble Wrap □Bubble Bags □None	□Other.
I
Samples shorted to lab: !fYesQNo (lf�es. c�plete the following)
Shorted Date:	J J  /(//IT_)
Bottle Quantity/ Type:	\ J.-. "\ ,J1:5 T

Ice: r;JWet □Blue □Dry □None □Melted
I
Shorted Time: _/�71_�-_!tJ	,

.	jProsent;,llYes □No I Filled Out:¢Yes □No ON/A I Sampler Name: �es □No ON/A	
Chain of Custody:	,	�•	,	rJ-i	,
1 Relinquished To Pace:	es □No ON/A I Sampling Date(s):  Yes □No ON/A I Sampling Tlme(s):.,CIYes □No □NIA	
Samples Arrived within Hold Time	/	0Yes	□No	ON/A	Commenls	·	
Rush Turnaround Requested on COC.	/ □Yes  ,�o	ON/A	Comments	
Sufficient Volume	.,dyes	□No	0NIA	Comments	
Correct Conla1ners Used	"f-iyes	□No	ON/A	C0mm811t.s	
Conlamers Intact	JZfves	□No	ON/A	Comments·	
Sample Labels Maten COG (Sample ID, Date/Time of Collection)	�es	□No	□NIA	Comments	
All containers needing acid / base preservation have been checked.	'Yes	□No	□NIA

All containers needing preservation are found to be 1n compliance with
EPA recommendation:	pves	□No	□NIA	Preservation Information	
	Preservative·

Lot I Trace:

Amount added (ml): 		Date:	
		Time:	
			
		Initials:	
Exceptions VIOIS,	MICfOblalagy	O&G	PFAS			
Headspace ,n Volatile Vials? ( >6mm):	□Yes	□No	iJNIA		
Trip Blank Present	OYes	□No .lJNtA		

,	,

Comments I Resolutions (use back for additional comments):		

.-,,,,-:--
Uibeled by:_�\	_	Reviewed by:_,.JHE..,._.......		_

Page 18 of 20

	Document Name:
Field Sampling Log	Date Revised:
March 27, 2019	
	Document Number:
F-FL-C-022 rev.01	Issuing Authority:
Pace Florida Quality Office	

Arrived On Site Date:

FIELD SAMPLING LOG
 11/10/2025	 Time: 9:50	 Departed Site

Date: 11/10/2025 Time: 10:30

Sampler's Signature		Sampler's Name: Jim Norton

CLIENT NAME: CLIENT CONTACT:
Personnel on Site: SITE Location: Ambient Conditions:

 Sebastian WCD	 PROJECT NAME: Quarterly SW	
SITE CONTACT:

Sebastian, FL

Mild / Partly Sunny / Windy

Brief Description of Field Activities: Collection of SW grab samples

Field Equipment Used: Dip stick

Decon Procedures:

Yes	X No	If Yes , Please Describe:		

Field Filtering:	Yes	X No	If Yes , Please Describe:		
Sample Matrix:	 DW  GW  WW SU	 STW SO	 SE	 ML	X Other:  SW	
Physical Characteristics of Sample:

Sampling Method:

GRAB

COMPOSITE

Grab/Composite

For Composite Sampling; Document Sampling Procedure for Collecting a Representative Sample:

QC Blanks	 Precleaned EQB	 Field Cleaned EQB
Field Blanks  Trip Blanks	 QC Samples  Duplicate	 Replicate Samples
Split Samples (explain):

Sampling Location	Time	Parameters	Appearance	Odor	pH	Temp C	Cond	DO	Turb	

510 Bridge	
10:10	BOD,NH3,TKN,TP,TSS,
NO3,Cl,Salinity,TDS			
7.28	
23.1	
989.0	77.1%
6.58mg	
7.44	

										

										

										
Composite Sampling
Compositor Set-up/Location	Date	Time	Time/Flow	Flow Rate	#Samples/Hour	
						
Compositor Breakdown	Date	Time	Hours Sampled			
						
Drive Time to Site:			Drive time back to Lab			

Other Notation's or Anomalies: 	

Page 60 of 200	Book Number

Page 19 of 20

3610 Park Central Blvd N, Pompano Beach, FL 33064	Document Name
Field Sampling Calibration Log	Date Revised
September 19, 2018	
	Document Number
F-FL-C-027 rev 01	Issuing Authority
Pace Florida Quality Office	

Client:	Multiple

Field Calibration Log
ILocation/Site:	Multiple

Project Name:

Multiple

Date:	11/10/2025

ISampling Technician/Company

Jim Norton/ Pace Analytical

IPre Sample Time	7:20	I Post Sample Time  14:00

Specific Conductance:

Turbidity:  21059D000071	I Temperature:

Meter ID:IDissolved Oxygen:

21Kl03780

21K103780

lpH:	21K103780

ORP:	NA

Other:

21K103780

I Other:

Parameter	Calib. Std Lot#	Calib.Std Exp.Date	Calib, Std True Value	Pre Calib. Reading	Calibration Reading	

Time	Qualifier
Pass(P) Fail(F)	

ICV	

Time	Qualifier
Pass(P) Fail(F)	

CCV	

Time	Qualifier
Pass(P) Fail(F)	
Dissolved Oxygen (mg/L)		N/A	N/A mg/L@	6.71	7.47	7:20	N/A			N/A	7.29	14:00	N/A	
Temperature (0C)	N/A	N/A	N/A ·c	30.60	30.60	7:20	N/A			N/A	32.40	14:00	N/A	
% Dissolved Oxygen	N/A	N/A	N/A	89.7%	99.9%	7:20	p				100.5%	14:00	p	
pH (Units)	401239	5/31/2026	7.00	7.09	7.00	7:24	p							
pH (Units)	401245	5/31/2026	4.01	3.99	4.01	7:25	p							
pH (Units)	401244	5/31/2026	10.00	9.90	10.00	7:26	p							
pH (Units)	401218	5/31/2026	6.00					6.03	7:26	p	6.05	14:02	p	
Specific Conductance (umhos)	401242	11/30/2025	1413	1410	1413	7:22	P							
Specific Conductance (umhos)	401240	11/30/2025	100											
�	ific Conductance (umhos)	401241	11/30/2025	10000					9807	7:30	p	9730	14:06	p	
IJc:i  ific Conductance (umhos)
�	401243	11/30/2025	50000											
Nrbidity (NTU)	405759	2/19/2026	20	19.9	19.9	7:20	p							
::5rbidity (NTU)	405756	2/19/2026	100	99.8	99.8	7:21	p							
Turbidity (NTU)	405754	2/19/2026	800	769.0	769.0	7:22	p							
Turbidity (NTU)	405753	2/29/2026	10					10.90	7:23	p	10.10	14:00	p	
Other: ORP														
Other: Chlorine Meter														
Other: Chlorine Meter														

The data are questionable because of improper lab or field protocols (e.g. composite sample was collected instead of a grab sample)
The field calib. Verification did not meet calib. Acceptance criteria. Indicates that extra samples were taken at composite stations.
Significant rain in the past 48 hours. (Significant rain involves rain in excess of 1/2 inch within the past 48 hurs) This code shall be used when the rainfall might contribute to a lower than normal value.
Data deviate from historically established concentration ranges.

JS

J6 E R

Data Qualifier Codes

Acceptance Criteria:	
DO ± 0.3 mg/L	
Specific Conductance ± 5%	
pH ± 0.2 pH Units	
Temperature ± 0.2 C	
Turbidity	0.1-10 NTU: ± 10%
11-40 NTU: ± 8%
41-100 NTU: ± 6.5%
>100: ± 5%	
Residual Chlorine: ± 10% of
primary standard value-color comparator	

Maintenance & Notes

Note: If a Calibration was completed on a previous day(s), that page# will recorded in the measurement field as "P#"

lspecific Conductance Probe Cleaned?	NO	Wkly pH Slope	I	I

l□issolved Oxygen Membrane Changed?
Page 197 of 200

NO

Reviewed By:

IDate:	11/10/2025

Page 20 of 20

Sebastian River Improvement District

Financial Report For January 2026

SEBASTIAN RIVER IMPROVEMENT DISTRICT MONTHLY FINANCIAL REPORT
JANUARY 2026

REVENUES	
Annual Budget
10/1/25 - 9/30/26	

Actual Jan-26	Year To Date Actual
10/1/25 - 1/31/26	
NAV Assessments	307,394	4,190	284,121	
R-O-W Use Fees	25,515	0	0	
Permit Fees	5,000	0	0	
Other Revenue	0	0	0	
Interest Income	9,000	0	13,831	
Total Revenues	$	346,909	$	4,190	$	297,952	
				
EXPENDITURES				
Legal	25,000	0	1,917	
District Administrative	30,000	2,500	10,000	
Operations Manager	21,000	1,750	7,000	
Operations Manager - Payroll Taxes	1,607	134	536	
Engineering - General	80,000	0	13,034	
Engineering - Permit	5,000	0	0	
Engineering - Other	10,000	0	0	
Accounting/Audit	5,500	0	0	
Insurance	14,000	0	10,773	
Website Management	2,000	167	667	
Dues & Subscriptions	3,000	0	175	
Legal Advertisements	1,400	0	171	
Miscellaneous	3,896	454	1,481	
Water Quality Analytical Service	5,000	0	620	
R-O-W Maintenance (Includes Canal Maintenance & Bank Mowing)	130,000	0	0	
Miscellaneous Maintenance	2,500	0	0	
				
Total Expenditures	$	339,903	$	5,005	$	46,374	
				
Revenues Less Expenditures	$	7,006	$	(815)	$	251,578	
				
County Appraiser & Tax Collector Fee	(6,169)	0	(2,350)	
Discounts For Early Payments	(12,337)	(101)	(11,214)	
				
Excess/ (Shortfall)	$	(11,500)	$	(916)	$	238,014	
				
Carryover From Prior Year	11,500	0	0	
				
Net Excess/ (Shortfall)	$	-	$	(916)	$	238,014	

Bank Balance As Of 1/31/26	$	2,019,646.63	
Accounts Payable As Of 1/31/26	$	7,757.54	
Other Current Liabilities As Of 1/31/26	$	78,543.22	
Accounts Receivable As Of 1/31/26	$	28,280.00	
Available Funds As Of 1/31/26	$	1,961,625.87	

Page 210

SEBASTIAN RIVER IMPROVEMENT DISTRICT TAX COLLECTIONS 2025-2026

#	

ID#	

PAYMENT FROM	

DATE	

FOR	

Tax Collect Receipts	

Interest Received	

Commissions Paid	

Discount	

Net From Tax Collector	O & M Assessment Income (Before Discounts & Fee)	O & M Assessment Income (After Discounts & Fee)	
									$307,394.00	$307,394.00	$307,394.00	
									$289,403.00	$289,403.00	$289,403.00	
1		Paid to Indian River County Property Appraiser	10/01/25	Fees			$	(850.00)		$	(850.00)		$	(850.00)	
2	1	Indian River County Tax Collector	11/07/25	NAV Taxes	$	1,893.09		$	(36.24)	$	(81.27)	$	1,775.58	$	1,893.09	$	1,775.58	
3	2	Indian River County Tax Collector	11/14/25	NAV Taxes	$	24,928.40		$	(478.62)	$	(997.19)	$	23,452.59	$	24,928.40	$	23,452.59	
4	3	Indian River County Tax Collector	11/21/25	NAV Taxes	$	11,604.60		$	(222.82)	$	(464.23)	$	10,917.55	$	11,604.60	$	10,917.55	
5	4	Indian River County Tax Collector	11/26/25	NAV Taxes	$	29,809.70		$	(423.98)	$	(1,192.45)	$	28,193.27	$	29,809.70	$	28,193.27	
6	5	Indian River County Tax Collector	12/05/25	NAV Taxes	$	79,175.30		$	(338.34)	$	(3,167.15)	$	75,669.81	$	79,175.30	$	75,669.81	
7	6	Indian River County Tax Collector	12/12/25	NAV Taxes	$	124,017.46			$	(4,959.01)	$	119,058.45	$	124,017.46	$	119,058.45	
8	7	Indian River County Tax Collector	12/19/25	NAV Taxes	$	7,272.52			$	(214.78)	$	7,057.74	$	7,272.52	$	7,057.74	
9	8	Indian River County Tax Collector	12/31/25	NAV Taxes	$	1,229.47			$	(36.87)	$	1,192.60	$	1,229.47	$	1,192.60	
10	9	Indian River County Tax Collector	01/16/26	NAV Taxes	$	1,821.10			$	(54.64)	$	1,766.46	$	1,821.10	$	1,766.46	
11	10	Indian River County Tax Collector	01/30/26	NAV Taxes	$	2,277.20			$	(46.30)	$	2,230.90	$	2,277.20	$	2,230.90	
12	Int - 1	Indian River County Tax Collector	01/30/26	Interest		$	92.08			$	92.08	$	92.08	$	92.08	
13									$	-			
14									$	-			
15									$	-			
16									$	-			
17									$	-			
18									$	-			
19									$	-			
20									$	-			
21									$	-			
22									$	-			
23									$	-			
24									$	-			
25									$	-			
26									$	-			
27									$	-			
28									$	-			
					$	284,028.84	$	92.08	$	(2,350.00)	$  (11,213.89)	$	270,557.03	$	284,120.92	$	270,557.03	

Note: Top line are 2025/2026 budgeted assessments before discounts and fees. Bottom line are 2025/2026 budgeted assessments after discounts and fees.

Tax Collections	$	284,028.84		
92.40%	$	92.08	$	270,557.03	
	$	(284,120.92)	$  (270,557.03)	
	$	-	$	-