HomeMy Public PortalAboutCrestview Commons and 67 LLC Donation - Redstone PlazaDONATION AGREEMENT
This Donation Agreement (the "Agreement") is entered into as of
k),Aus . 7 , 2022, by and between 67, LLC, a Florida limited liability company,
having a mailing address of 11 Racetrack Road NE, Fort Walton Beach, Florida 32547 (the
"Donor") and the City of Crestview, a Florida municipal corporation, having a mailing address
of 198 North Wilson Street, Crestview, Florida 32536 (the "Donee"), and joined by Benchmark
Crestview Commons, LLC ("Benchmark") as a participating party for the purposes set forth in
Section 13.
RECITALS:
WHEREAS, Donor owns certain real property comprised of approximately .06 acres, more
or less, of land located in Okaloosa County, Florida, as more specifically described in Exhibit "A"
attached hereto and incorporated herein by reference, together with all rights, privileges and
appurtenances thereto belonging (the "Real Property"); and
WHEREAS, Benchmark owns property south of the Real Property which it is developing
for commercial purposes and, pursuant to a Participation Agreement with Donee, is constructing
certain infrastructure improvements which will be conveyed and dedicated to Donee (in part) and
the State of Florida (in part) upon completion; and
WHEREAS, Donor wishes to donate and contribute the Real Property to Donee and Donee
wishes to accept such donation, all in accordance with the terms of this Agreement; and
WHEREAS, the parties hereto wish to specify the timing, conditions and terms of the
donation.
WITNESSETH:
1. Donation and Acceptance. Donor agrees to donate, convey and transfer to Donee,
and Donee agrees to receive and accept from the Donor, all of the Donor's right, title and interest in
and to the Real Property subject to the terms, conditions and provisions hereof.
2. Donative Intent. The Real Property is being donated by the Donor to Donee as a
charitable gift. Donee has not contributed nor given anything of any value in exchange for the
donation.
3. Conveyance. The conveyance by the Donor of the Real Property to Donee shall be
by Special Warranty Deed in the form of Exhibit "B" attached hereto and incorporated herein by
reference (the "Deed").
4. Title and Survey. At Donee's election and at its sole cost and expense, Donee may
obtain a title commitment and survey for an ALTA Owner's Policy of Title Insurance insuring title
to the Real Property to Donee to be issued by a title company acceptable to Donee.
5. Donor Warranties and Representations. Donor represents and warrants to Donee as
follows:
(a) The Donor is a duly organized and validly existing limited liability company
under the laws of the State of Florida and has all necessary power and authority to enter into this
Agreement and to perform and carry out the terms and conditions required of it hereunder.
(b) The Donor is not a "nonresident alien," "foreign corporation," "foreign
partnership," "foreign limited liability Donor," "foreign trust" or "foreign estate" within the
meaning of Internal Revenue Code Section 1445 and any related Treasury Regulations.
6. Donor's Disclaimer of all other Warranties and Representations. EXCEPT AS
PROVIDED FOR IN SECTION 5 OF THIS AGREEMENT, DONEE ACKNOWLEDGES
AND AGREES THAT (a) THE REAL PROPERTY SHALL BE CONVEYED, AND
DONEE SHALL ACCEPT THE REAL PROPERTY ON THE CLOSING DATE, "AS IS,
WHERE IS, WITH ALL FAULTS"; (b) EXCEPT FOR DONOR'S REPRESENTATIONS
AND WARRANTIES SET FORTH IN SECTION 5 OF THIS AGREEMENT, AND ANY
EXPRESS REPRESENTATIONS OR WARRANTIES CONTAINED IN THE
DOCUMENTS DELIVERED BY DONOR AT CLOSING (HEREIN COLLECTIVELY
CALLED THE "DONOR'S WARRANTIES"), NEITHER THE DONOR, NOR ITS
AFFILIATED COMPANIES, INCLUDING ITS COUNSEL, NOR ANY MEMBER,
PARTNER, SHAREHOLDER, OFFICER, DIRECTOR, EMPLOYEE, AGENT, NOR
AFFILIATE OF DONOR, NOR ANY OTHER PARTY RELATED IN ANY WAY TO
ANY OF THE FOREGOING (ALL OF WHICH PARTIES ARE HEREIN
COLLECTIVELY CALLED THE "COMPANY PARTIES") HAVE OR SHALL BE
DEEMED TO HAVE MADE ANY VERBAL OR WRITTEN REPRESENTATIONS,
WARRANTIES, PROMISES OR GUARANTEES (WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE) TO DONEE WITH RESPECT TO THE REAL
PROPERTY, ANY MATTER SET FORTH, CONTAINED OR ADDRESSED IN ANY
DOCUMENTS (INCLUDING, BUT NOT LIMITED TO, THE ACCURACY AND
COMPLETENESS THEREOF) OR THE RESULTS OF ANY INVESTIGATIONS
RELATED TO THE REAL PROPERTY PREVIOUSLY CARRIED ON BY DONOR; AND
(C), DONEE HAS CONFIRMED INDEPENDENTLY ALL INFORMATION THAT IT
CONSIDERS MATERIAL TO THE DONATION OF THE REAL PROPERTY. DONEE
SPECIFICALLY ACKNOWLEDGES THAT, EXCEPT FOR DONOR'S WARRANTIES,
DONEE IS NOT RELYING ON (AND DONOR DOES HEREBY DISCLAIM AND
RENOUNCE) ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR
NATURE WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, FROM DONOR, AS TO: (i) THE OPERATION OF THE
REAL PROPERTY, USES, OR MERCHANTABILITY OR FITNESS OF ANY PORTION
OF THE REAL PROPERTY FOR A PARTICULAR PURPOSE; (ii) THE PHYSICAL
CONDITION OF THE REAL PROPERTY OR THE CONDITION OR SAFETY OF THE
REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, SUITABILITY OF THE
REAL PROPERTY FOR A PARTICULAR PURPOSE; (iii) THE PRESENCE OR
ABSENCE, LOCATION OR SCOPE OF ANY HAZARDOUS MATERIALS IN, AT, OR
UNDER THE REAL PROPERTY; (vii) THE ACCURACY OF ANY STATEMENTS,
CALCULATIONS OR CONDITIONS STATED OR SET FORTH IN DONOR'S BOOKS
AND RECORDS CONCERNING THE REAL PROPERTY; OR (viii) THE ABILITY OF
DONEE TO OBTAIN ANY AND ALL NECESSARY OR DESIRED GOVERNMENTAL
APPROVALS OR PERMITS FOR DONEE'S INTENDED USE OF THE REAL
PROPERTY. DONEE FURTHER ACKNOWLEDGES AND AGREES THE DONOR IS
NOT UNDER ANY DUTY TO MAKE ANY AFFIRMATIVE DISCLOSURES (EXCEPT
WITH RESPECT TO DONOR'S WARRANTIES AS SET FORTH IN SECTION 5 OF
THIS AGREEMENT) OR INQUIRY REGARDING ANY MATTER WHICH MAY OR
MAY NOT BE KNOWN TO THE DONOR.
7. Donee Warranties. Representations and Acknowledgements. Donee represents and
warrants to Donor as follows:
(a) Donee hereby warrants and represents to the Donor that it is a duly organized and
validly existing municipal corporation under the laws of the State of Florida and has all necessary
power and authority to enter into this Agreement and to perform and carry out the terms and
conditions required of it hereunder.
(b) Donee acknowledges that (i) it has inspected the Real Property to its full and
complete satisfaction with the full cooperation of the Donor, (ii) such inspection was undertaken
by one or more persons of Donee's choosing, and (iii) it had reasonable and full access to the Real
Property for the purposes of its inspection. Donee acknowledges that it has not relied, and does
not rely, upon any warranties, representations, or statements concerning the Real Property other
than those that are specifically included in this Agreement. Donee acknowledges the present state
and condition of the Real Property and agrees to accept the Real Property, notwithstanding any
known or unknown deficiencies or defects of or with respect to the Real Property, and agrees not
to assert any claim or attempt to rescind the transfer and gift of the Real Property to Donee based
on the state or condition of the Real Property.
8. The Donor's Documentation and Delivery of Instruments. Prior to Closing or otherwise
in the time periods specifically set forth herein, the following documents and instruments will be
delivered by the Donor to Escrow Agent:
(a) The Deed, executed by the Donor, conveying to Donee all of the Donor's right,
title and interest in and to the Real Property; and
(b) such other documents as may be reasonably necessary to effectuate the terms and
conditions of this Agreement.
9. Closing. The consummation of the donation in accordance herewith ("Closing") shall
be held on or before August 31, 2022, unless otherwise extended by Donor or Donee pursuant to
a right to do so as expressly set forth herein or by mutual agreement.
10. Costs and Expenses. Donee will be responsible for the payment of the cost of recording
the Deed, any Real Property transfer tax or conveyance fees, and any other costs and expenses
required to effectuate the transfer contemplated hereby.
11. Charitable Use. Donee intends to use the Real Property exclusively for public purposes
within the meaning of Internal Revenue Code Section 170(c)(1) and no part of the net earnings
thereof will inure to the benefit of any private shareholder or individual.
12. Commissions and Fees. The Donor and Donee each represents to the other that it
has not dealt with any real estate agent or brokerage firm in connection with the transactions
contemplated by this Agreement and is not aware of any real estate commissions that are or
will become due to any such agent or firm in connection with such transactions.
13. Coordination of Construction Operations.
(a) Donor acknowledges its understanding that Donee, or persons acting on its behalf
or on behalf of the State of Florida, Department of Transportation, intend to construct (i) a turn -
lane from State Road 85 onto a to -be -constructed extension of Hospital Drive south of Donor's
property using the Real Property (the "Turn Lane") and (ii) a driveway connection from the to -be -
constructed extension of Hospital Drive south of Donor's property onto Donor's property (the
"Driveway Access"). Following completion of the Turn Lane and Driveway Access, Donee's
existing access to State Road 85 will be closed, and the area thereof landscaped to match existing
conditions. All of the foregoing construction work, operations and activities shall be at no cost to
Donor.
(b) Donee agrees to coordinate with Donor any construction operations which will
interfere with public access to Donor's property from the existing State Road 85 entry point.
Donee agrees that at no time will access to Donor's property using the existing State Road 85 entry
point be closed until such time as equivalent access to Donor's property is given from the to -be -
constructed extension of Hospital Drive using the Driveway Access.
(c) Donor understands and agrees that it will be responsible for obtaining any necessary
tenant approvals associated with the construction of the Driveway Access, including, but not
limited to, tenant approvals necessary to temporarily close or limit access to an existing drive-thru
on the southern unit of Donor's building. Donor agrees to obtain such approvals and communicate
same to Donee for Donee's use in scheduling and coordinating work impacting the drive-thru area
and ensuring such work causes the minimum necessary impact, which may involve off-peak hours
for construction activities in Donee's discretion.
(d) Donee anticipates work to begin on the Turn Lane in July, 2022, beginning with
utility relocation followed by turn lane construction in approximately September, 2022.
(e) Donee anticipates work to begin on the Driveway Access in August, 2022 and for
work within Donee's parking lot to occur in September, 2022. Donee will limit construction within
Donee's property to a seven day, non-consecutive period, and use best efforts to coordinate work
to minimize any interference to tenant operations. Donee will give Donor 30 days advance notice
before performing any work in or on Donee's parking lot.
(f) Benchmark shall, and hereby does, protect, defend, save, indemnify and forever
hold harmless Donor and Donor's tenants, along with their affiliates and the officers, directors,
employees and agents, from and against any and all claims, demands, liabilities, fines, suits,
actions, proceedings, orders, decrees, judgments, losses, damages, costs and expenses, including,
without limitation, reasonable attorney's fees) arising out of or occurring in connection with any
negligent or intentional acts or omissions of Benchmark (or any of its agents, employees, licensees,
or contractors) in performing the work or any breach by Benchmark (or any of its agents,
employees, licensees or contractors) of any of Benchmark' s duties, representations, warranties or
covenants under this Agreement. Benchmark will maintain in force during the performance of the
work comprehensive general liability insurance on an occurrence basis, including, without
limitation, contractual liability coverage and a broad form property damage endorsement with
limits of not less than $2,000,000 per occurrence and in the aggregate with Donor named as an
additional insured. Benchmark shall provide a certificate evidencing such insurance on request.
14. Miscellaneous.
(a) Relationship of the Parties. Notwithstanding any provision to the contrary in
this Agreement, the parties agree that their relationship with respect to the gift contemplated
herein is one of donor and donee only, and no provision of this Agreement shall be construed
to create any other type of status or relationship between the parties with respect to such gift.
(b) Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall
be construed as if such invalid, illegal or unenforceable provisions had not been contained herein.
(c) Waiver. The failure of either party to insist, in any one or more instances, upon a
strict performance of any of the terms and conditions of this Agreement, or to exercise or fail to
exercise any option or right contained herein, shall not be construed as a waiver or a
relinquishment for the future of such right or option, but the same shall continue and remain in
full force and effect. The continued performance by either party of this Agreement with
knowledge of the breach of any term or condition hereof shall not be deemed a waiver of such
breach, and no waiver by either party of any provision hereof, shall be deemed to have been
made, or operate as estoppel, unless expressed in writing and signed by such party.
(d) Notices. All notices herein authorized or required to be given to Donee shall be
sent certified mail, registered mail or overnight express, postage prepaid, to Donee at:
City of Crestview
Tim Bolduc, City Manager
198 North Wilson Street
Crestview, Florida 32536
timbolduc.citvofcrestview.ora
or to such other address as Donee may from time to time designate in accordance with this Paragraph.
All notices herein authorized or required to be given to the Donor shall be sent by certified mail,
registered mail or overnight express, postage prepaid, to the Donor at:
67, LLC
F.W. "Freddie" Schinz, Manager
11 Racetrack Road NE
Fort Walton Beach, Florida 32547
Freddie ra.tifordevelopment.com
or to such other address as the Donor may from time to time designate in accordance with this
paragraph.
All notices herein authorized or required to be given to Benchmark shall be sent by certified mail,
registered mail or overnight express, postage prepaid, to Benchmark at:
Benchmark Crestview Commons, LLC
John Rehak, Director of Acquisitions and Development
4053 Maple Road
Amherst, New York 14226
jrehak@benchmarkgrp.com
(e) Entire Agreement. This Agreement sets for the complete understanding and
agreement of the parties with respect to the Real Property and the transaction that is the subject of
this Agreement. No oral statements, representations oragreements other than this Agreement
shall have any force or effect and Donee and the Donor agree that they will not rely on any
representations or agreements other than those contained in this Agreement.
(f) Further Assurances. Either party, upon the request of the other party, shall execute
and deliver such further documents and instruments as such other party may reasonably deem
appropriate to carry out the terms and conditions of this Agreement, provided that such further
documents and instruments are consistent with the terms and conditions of this Agreement.
(g) Survival. All agreements, representations, warranties and indemnifications
hereunder shall be considered to have been relied upon and shall survive the execution and
delivery of this Agreement and the conveyance of the Real Property being conveyed hereunder.
(h) Headinas. The headings in this Agreement are for the purposes of reference only
and shall not affect or define the meanings hereof.
(i) Exhibits. The Exhibits attached hereto are a part of this Agreement.
(g) Applicable Law and Binding Effect. This Agreement shall be construed and interpreted
in accordance with the laws of the State of Florida. This Agreement shall inure to the benefit of
and be binding upon the parties hereto and their respective successors and assigns.
(h) Counterparts. This Agreement may be signed in multiple identical counterparts with
the same effect as if the signatures thereof and hereto were upon the same instrument.
IN WITNESS WHEREOF, Donor and Donee have caused this Agreement to be
executed under seal as of the date first above written.
DONOR
67, LLC, a Florida
limited liability
comp
le: F.W. Schinz
: lansgr
DONEE:
CITY 4F (RESTVIEW, FLORIDA
iMayor r.rt)
ATTEST:
MARA1 E S ) -RADER
City Clerk�
BENCHMARK:
Benchmark Crestview
Commons, LLC, a
Florida limited liability
company
By: Benchmark Properties
Management Corp., its Manager
Name: Steven :; longo`
Title: Vice !'resident
EXHIBIT A
Property Description
PROPOSED VARIABLE WIDTH RIGHT-OF-WAY DONATION
A STRIP OF LAND SITUATED IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST,
CITY OF CRESTVIEW, FLORIDA, BEING A PORTION OF REDSTONE PLAZA SHOPPING
CENTER, LYING ADJACENT TO FLORIDA STATE ROAD 85, AND SITUATED NORTH
OF THE FORMER McLAIN'S PARCEL (OFFICIAL RECORDS BOOK 3279, PAGE 1881);
SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
REDSTONE AVENUE WEST (PUBLIC RIGHT-OF-WAY WIDTH VARIES) WITH THE
WESTERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD 85 (112 FOOT
WIDE RIGHT-OF-WAY AS DEPICTED ON FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY MAP SECTION 57050-2505, DATED 1 JUN 1993);
THENCE S 1625'59" W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 173.72
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 1625'59" W ALONG SAID
RIGHT-OF-WAY LINE, A DISTANCE OF 218.76 FEET TO THE NORTHEAST CORNER OF
THE AFORESAID FORMER "McLAIN'S PARCEL"; THENCE DEPARTING SAID RIGHT-
OF-WAY LINE, PROCEED N 87'48' 11" W ALONG THE NORTHERLY PROPERTY LINE
THEREOF, A DISTANCE OF 12.84 FEET; THENCE DEPARTING SAID NORTHERLY
PROPERTY LINE, PROCEED N 16'21'10" E, A DISTANCE OF 221.87 FEET; THENCE S
73'48'16 E, A DISTANCE OF 12.75 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.06 ACRES, MORE OR LESS.
This Instrument Prepared By:
Jonathan Holloway, P.A.
420 East Pine Avenue
Crestview, Florida 32539
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED ("Deed") made effective as of the it day of
August, 2022, by 67, LLC, a Florida limited liability company, whose mailing address is 11
Racetrack Road NE, Fort Walton Beach, Florida 32547 ("GRANTOR"), to the City of
Crestview, Florida, a municipal corporation, having a mailing address of 198 North Wilson
Street, Crestview, Florida 32536 ("GRANTEE").
WITNESSETH:
The GRANTOR, for valuable consideration paid, the receipt of which is hereby
acknowledged, by these presents does remise, release and convey unto the GRANTEE, its
heirs, successors and assigns, all of the right, title, interest, claim and demand which
GRANTOR has in the following certain land situated in Okaloosa County, Florida (the
"Property"):
See Exhibit "A" attached hereto and incorporated herein by reference.
TO HAVE AND TO HOLD the same, together with the rights, privileges, appurtenances and
immunities thereto belonging or in any way appertaining, unto GRANTEE, its successors and
assigns, forever.
This Deed is made subject to all legal highways, zoning and building laws, ordinances and
regulations, to all restrictions, easements, rights -of -way, exceptions, reservations and conditions
contained in prior instruments of record in the chain of title to the Property and to any state of
facts which an accurate survey would show.
GRANTOR, as its sole warranty herein, specially warrants to GRANTEE, and to
GRANTEE'S successors and assigns, that GRANTOR, its successors and assigns, will
forever defend title to the Property (subject only to the foregoing matters referred to herein)
against those claims, and only those claims, of all persons who shall claim title to or assert
claims affecting title to the Property or any part thereof, by, through, under or based on the
acts of Grantor, but none other.
The terms and provisions contained in this Deed shall be binding upon and inure to the benefit
of GRANTOR and GRANTEE and their respective successors and assigns.
IN WITNESS WHEREOF, GRANTOR has executed this Deed under seal on the date
aforesaid.
Signed, sealed and delivered
in the presence of the following
witnesses:
Print Name: c e V 1
Print Name: 1-kaitteAt War e..AtJr1
STATE OF FLORIDA
COUNTY OF OKALOOSA
11
The foregoing instrument was acknowledged before me this [ day of August, 2022 by F.W.
Schinz an, -of-6-7,, LLC, a Florida limited liability company, on behalf of the company, [ ] who
is,.p6sonally known to me cl• [ ] produced as identification.
My Commission Expires:
Notary Seal
FEATIERPARKTCN
INCOMMISMON NHv73
IMRE&Jlne 0, 2026
Notary Public
State of Florida
ENILWIT A
TO SPECIAL WARRANTy DEED
LEGAL DESCRIPTION
A STRIP OF LAND SITUATED IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST,
CITY OF CRESTVIEW, FLORIDA, BEING A PORTION OF REDSTONE PLAZA SHOPPING
CENTER, LYING ADJACENT TO FLORIDA STATE ROAD 85, AND SITUA I'ED NORTH
OF THE FORMER McLAIN'S PARCEL (OFFICIAL RECORDS BOOK 3279, PAGE 1881);
SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
REDSTONE AVENUE WEST (PUBLIC RIGHT-OF-WAY WIDTH VARIES) WITH THE
WESTERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD 85 (112 FOOT
WIDE RIGHT-OF-WAY AS DEPICTED ON FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY MAP SECTION 57050-2505, DATED 1 JUN 1993);
THENCE S 1625'59" W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 173.72
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 1625'59" W ALONG SAID
RIGHT-OF-WAY LINE, A DISTANCE OF 218.76 FEET TO THE NORTHEAST CORNER OF
THE AFORESAID FORMER "McLAIN'S PARCEL"; THENCE DEPARTING SAID RIGHT-
OF-WAY LINE, PROCEED N 87'48' 11" W ALONG THE NORTHERLY PROPERTY LINE
THEREOF, A DISTANCE OF 12.84 FEET; THENCE DEPARTING SAID NORTHERLY
PROPERTY LINE, PROCEED N 16'21'10" E, A DISTANCE OF 221.87 FEET; THENCE S
73'48'16 E, A DISTANCE OF 12.75 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.06 ACRES, MORE OR LESS.
This Instrument Prepared By:
Jonathan Holloway, P.A.
420 East Pine Avenue
Crestview, Florida 32539
Inst. #3575095 Bk: 3640 Pg: 1587
Page 1 of 3 Recorded: 8/30/2022 2:45 PM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
D Doc Stmp: $0.70
DEPUTY CLERK fivy
JD PEACOCK 11 CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED ("Deed") made effective as of the ir' clay of
August, 2022, by 67, LLC, a Florida limited liability company, whose mailing address is 11
Racetrack Road NE, Fort Walton Beach, Florida 32547 ("GRANTOR"), to the City of
Crestview, Florida, a municipal corporation, having a mailing address of 198 North Wilson
Street, Crestview, Florida 32536 ("GRANTEE").
WITNESSETH:
The GRANTOR, for valuable consideration paid, the receipt of which is hereby
acknowledged, by these presents does remise, release and convey unto the GRANTEE, its
heirs, successors and assigns, all of the right, title, interest, claim and demand which
GRANTOR has in the following certain land situated in Okaloosa County, Florida (the
"Property"):
See Exhibit "A" attached hereto and incorporated herein by reference.
TO HAVE AND TO HOLD the same, together with -the rights, privileges, appurtenances and
immunities thereto belonging or in any way appertaining, unto GRANTEE, its successors and
assigns, forever.
This Deed is made subject to all legal highways, zoning and building laws, ordinances and
regulations, to all restrictions, easements, rights -of -way, exceptions, reservations and conditions
contained in prior instruments of record in the chain of title to the Property and to any state of
facts which an accurate survey would show.
GRANTOR, as its sole warranty herein, specially warrants to GRANTEE, and to
GRANTEE'S successors and assigns, that GRANTOR, its successors and assigns, will
forever defend title to the Property (subject only to the foregoing matters referred to herein)
against those claims, and only those claims, of all persons who shall claim title to or assert
claims affecting title to the Property or any part thereof, by, through, under or based on the
acts of Grantor, but none other.
The terms and provisions contained in this Deed shall be binding upon and inure to the benefit
of GRANTOR and GRANTEE and their respective successors and assigns.
IN WITNESS WHEREOF, GRANTOR has executed this Deed under seal on the date
aforesaid.
Signed, sealed and delivered
in the presence of the following
witnesses:
Print Nanie: sc]�c•a \.L�
Print Name: ka hQr Fear K* \
STATE OF FLORIDA
COUNTY OF OKALOOSA
The foregoing instrument was acknowledged before me this [ L' day of August, 2022 by F.W.
Schinz prof-67,�LLC, a Florida limited liability company, on behalf of the company, [ ] who
ersonally known to me n3 [ ] produced as identification.
My Commission Expires:
Notary Seal
t ': HOMER PARKTON
* 9 MY COMA MEINammo
EXPIRES: June le, 2028
Notary Public
State of Florida
E I A
TO SPECIAL WARRANTY DEED
LEGAL DESCRIPTION
A STRIP OF LAND SITUATED IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST,
CITY OF CRESTVIEW, FLORIDA, BEING A PORTION OF REDSTONE PLAZA SHOPPING
CENTER, LYING ADJACENT TO FLORIDA STATE ROAD 85, AND SITUATED NORTH
OF THE FORMER McLAIN'S PARCEL (OFFICIAL RECORDS BOOK 3279, PAGE 1881);
SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
REDSTONE AVENUE WEST (PUBLIC RIGHT-OF-WAY WIDTH VARIES) WITH THE
WESTERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD 85 (112 FOOT
WIDE RIGHT-OF-WAY AS DEPICTED ON FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY MAP SECTION 57050-2505, DATED 1 JUN 1993);
THENCE S 1625'59" W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 173.72
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 1625'59" W ALONG SAID
RIGHT-OF-WAY LINE, A DISTANCE OF 218.76 FEET TO THE NORTHEAST CORNER OF
THE AFORESAID FORMER "McLAIN'S PARCEL"; THENCE DEPARTING SAID RIGHT-
OF-WAY LINE, PROCEED N 87'48' 11" W ALONG THE NORTHERLY PROPERTY LINE
THEREOF, A DISTANCE OF 12.84 FEET; THENCE DEPARTING SAID NORTHERLY
PROPERTY LINE, PROCEED N 16'21'l0" E, A DISTANCE OF 221.87 FEET; THENCE S
73'48'16 E, A DISTANCE OF 12.75 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.06 ACRES, MORE OR LESS.