HomeMy Public PortalAboutMortgage and Security AgreementThis instrument prepared by:
MEAD LAW & TITLE
24 Walter Martin Rd NE, Ste 201
Fort Walton Beach, FL 32548
42705DK
DOCUMENTARY TAX STAMPS AND
INTANGIBLE TAXES ARE EXEMPT
PURSUANT TO RULE 12B-4.054(24),
FLORIDA ADMINISTRATIVE CODE.
MORTGAGE AND SECURITY AGREEMENT
This Mortgage, made this 28th day of September, 2022 between Benjamin F. Anderson, as Tax
Collector for Okaloosa County, a Political Subdivision of the State of Florida ("Mortgagor"), whose
address is 1250 Eglin Pkwy Suite #101, Shalimar, FL 32579, and City of Crestview, Florida, a
municipal corporation ("Mortgagee"), whose address is 198 North Wilson St., Crestview, Florida
32536.
Witnesseth:
MORTGAGEE, is the holder of a promissory note executed by Mortgagor in the original principal
sum of $275,000.00. of even date herewith, in favor of Mortgagee ("Note");
MORTGAGOR does hereby grant to Mortgagee a mortgage lien on that real property described
in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE to secure the performance by Mortgagor of all covenants and conditions of
the Note, this Mortgage, and all other instruments securing the Note, and all existing or future
notes, loans, guaranties, or other indebtedness owed by Mortgagor, or either or any of them, to
Mortgagee, including all future advances, obligatory or otherwise, notwithstanding that such
indebtedness is secured by other mortgages, and including all expenses or obligations incurred
by Mortgagee pursuant to any existing or future mortgage, loan or security agreement, and in
order to charge the properties, interests and rights hereinafter described with such payment and
performance and for and in consideration of the sum of Ten and no/100 Dollars ($10.00),
Mortgagor does hereby mortgage to Mortgagee and, where applicable, grant a security interest
in the following:
(A) All of the land in the State of Florida, described on Exhibit "A" attached hereto and made a
part hereof, to have and to hold the same, together with each and every tenement, hereditament,
easement, right, power, privilege, immunity and appurtenance thereunto belonging or in anywise
appertaining and the reversion and reversions, remainder and remainders, and also the estate,
right, title, interest, homestead, right of dower, separate estate, property, possession and claim
whatsoever in law as well as in equity of Mortgagor of, in and to the same in every part and parcel
thereof unto Mortgagee in fee simple.
(B) (i) all personal property and fixtures now or hereafter affixed to or located on the property
described in paragraph (A) hereof which is deemed to be fixtures and a part of the real property
under applicable law; (ii) all articles of personal property and all materials delivered to the property
described in paragraph (A) hereof for use in any way thereon, and owned by Mortgagor; (iii) all
contract rights, general intangibles, actions and rights in action, including all rights to insurance
policies and proceeds and all liquor licenses; all equipment including parts, accessories,
attachments, special tools, additions and accessions thereto, and (iv) all proceeds, products,
replacements, additions, substitutions, renewals and accessions of any of the foregoing items.
This Mortgage is a self -operative security agreement with respect to the above described
property, but Mortgagor agrees to execute and deliver on demand such other security
agreements, financing statements and other instruments as Mortgagee may request in order to
perfect its security interest or to impose the lien hereof more specifically upon any of such
property. Mortgagee shall have all the rights and remedies in addition to those specified herein of
a secured party under the Florida Uniform Commercial Code.
(C) All rents, issues, profits, revenue, income, proceeds, and other benefits flowing or derived
from the property described in paragraphs (A) and (B) hereof, provided however, that permission
is hereby given to Mortgagor so long as no default has occurred hereunder, to collect, receive,
and use such benefits from the property as they become due and payable, but not in advance
thereof.
Everything referred to in paragraphs (A), (B) and (C) hereof and any additional property hereafter
acquired by Mortgagor and subject to the lien of this Mortgage or any part of these properties is
herein referred to as the "Mortgaged Property."
PROVIDED ALWAYS, that if Mortgagor shall pay to Mortgagee the Note at the times and in the
manner stipulated therein, and in all other instruments securing the Note, and faithfully perform
all the covenants and agreements in this Mortgage, the Loan Agreement, and all in other
instruments securing the Note, to be kept performed or observed by Mortgagor, then this
Mortgage shall cease and be void, but shall otherwise remain in full force and effect.
Covenants of Mortgagor
1. Compliance with Note and Mortgage; Warranty of Title. Mortgagor shall comply with all
provisions hereof, of the Note, the Loan Agreement (if applicable) and of every other instrument
securing the Note, and will promptly pay to Mortgagee the principal with interest thereon and all
other sums required to be paid by Mortgagor under the Note, the Loan Agreement, this Mortgage
and all other instruments securing the Note. Mortgagor is indefeasibly seized of the Mortgaged
Property in fee simple and Mortgagor has lawful authority to convey, mortgage and encumber the
same as provided by this Mortgage, and does hereby so warrant.
2. Payment of Taxes and Liens. Mortgagor shall pay all taxes, assessments, liens, levies,
liabilities, obligations and encumbrances of every nature and kind whether now or hereafter
imposed, levied or assessed on the Mortgaged Property, this Mortgage or the indebtedness
secured hereby. All such payments shall be made when due and payable before they become
delinquent and before any interest attaches or any penalty is incurred. Insofar as any such lien or
encumbrance is of record the same shall be promptly satisfied or released and evidence of such
satisfaction or release shall be given to Mortgagee. Mortgagee may at its option require Mortgagor
to deposit with Mortgagee on the first day of each month, in addition to making payments of
principal and interest, until the Note is fully paid, an amount equal to one -twelfth (1/12) of the
annual taxes and assessments payable with respect to the Mortgaged Property. Such deposits
shall not be, nor be deemed to be, trust funds, but may be commingled with the general funds of
Mortgagee, and no interest shall be payable in respect thereof. Upon demand by Mortgagee,
Mortgagor shall deliver to Mortgagee such additional monies as are necessary to make up any
deficiencies in the amounts necessary to enable Mortgagee to pay such taxes and assessments
when due. In the event of default under any of the terms, covenants and conditions in the Note,
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the Loan Agreement, this Mortgage or any other instrument securing the Note to be performed or
observed by Mortgagor, Mortgagee may apply to the reduction of the sums secured hereby, in
such manner as Mortgagee shall determine, any amount under this paragraph remaining to
Mortgagor's credit.
3. Insurance. Mortgagor shall keep the improvements now existing or hereafter erected on the
Mortgaged Property and all parts of the Mortgaged Property insured as may be required from time
to time by Mortgagee against all perils as may be required by Mortgagee, and to pay promptly,
when due, all premiums for such insurance. All such insurance shall be carried with companies
approved by Mortgagee and the policy and renewals thereof shall be held by Mortgagee and have
attached thereto loss payable clauses in favor and in form acceptable to Mortgagee. In event of
loss, Mortgagor shall give immediate notice by mail to Mortgagee and Mortgagee may make proof
of loss if not made promptly by Mortgagor, and each insurance company concerned is hereby
authorized and directed to make payments for such loss directly to Mortgagee instead of to
Mortgagor or to Mortgagor and Mortgagee jointly and the insurance proceeds or any part thereof
may be applied by Mortgagee at its option, after deducting therefrom all its expenses including
attorney's fees, either to reduction of the indebtedness hereby secured or to the restoration or
repair of the property damaged. Mortgagee is hereby authorized, at its option, to settle and
compromise any claims, awards, damages, rights of action and proceeds, and any other payment
or relief under any insurance policy. In the event of foreclosure of this Mortgage or other transfer
of title to the Mortgaged Property in extinguishment of the indebtedness secured hereby, all right,
title, and interest of Mortgagor in and to any insurance policies then in force shall pass to the
purchaser or grantee. Mortgagee may at its option require Mortgagor to deposit with Mortgagee
on the first day of each month, in addition to making payments of principal and interest, until the
Note is fully paid, an amount equal to one -twelfth (1/12) of the annual premiums for all insurance.
Such deposits shall not be, nor be deemed to be, trust funds, but may be commingled with the
general funds of Mortgagee, and no interest shall be payable in respect thereof. Upon demand
by Mortgagee, Mortgagor shall deliver to Mortgagee such additional monies as are necessary to
make up any deficiencies in the amounts necessary to enable Mortgagee to pay such premiums
when due. In the event of default under any of the terms, covenants and conditions in the Note,
the Loan Agreement, this Mortgage or any other instrument securing the Note to be kept,
performed or observed by Mortgagor, Mortgagee may apply to the reduction of the sums secured
hereby in such manner as Mortgagee shall determine, any amount under this paragraph
remaining to Mortgagor's credit and any return premium received from cancellation of any
insurance policy by Mortgagee upon foreclosure of this Mortgage.
4. Condemnation. If all of any part of the Mortgaged Property shall be damaged or taken
through condemnation (which term when used herein shall include any damage or taking by any
governmental authority or any other authority authorized by the Laws of the State of Florida or
the United States of America to so damage or take, any transfer by private sale in lieu thereof),
either temporarily or permanently, then the entire indebtedness and other sums secured hereby
shall at the option of Mortgagee, become immediately due and payable. Mortgagee shall, be
entitled to all compensation awards, damages, claims, rights of actions and proceeds of, or on
account of any such damage or taking through condemnation and is hereby authorized, at its
option, to commence, appear in and prosecute, in its own or Mortgagor's name, any action or
proceeding relating to any condemnation, and to settle or compromise any claim in connection
therewith. All such compensation awards, damages, claims, rights of actions and proceeds, and
any other payments or relief, and the right thereto, are hereby assigned by Mortgagor to
Mortgagee, who, after deducting therefrom all its expenses including attorney's fees may release
any monies so received by it without affecting the lien of this Mortgage or may apply the same, in
such manner as Mortgagee shall determine, to the reduction of the sums secured hereby and to
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any prepayment charge provided in the Note, the Loan Agreement, this Mortgage or any other
instruments securing the Note. Any balance of such monies then remaining shall be paid to
Mortgagor. Mortgagor agrees to execute such further assignments of any compensations,
awards, damages, claims, rights of action and proceeds as Mortgagee may require.
5. Care of Mortgaged Property. Mortgagor shall not remove or demolish any building or other
property forming a part of the Mortgaged Property without the written consent of Mortgagee, or
permit, commit, or suffer any waste, impairment or deterioration of the Mortgaged Property or any
part thereof, and shall keep the same and the improvements thereon in good condition and repair.
Mortgagor shall notify Mortgagee in writing within five (5) days of any injury, damage, or
impairment of or occurring on the Mortgaged Property including, but not limited to, serious injury
or loss by death or otherwise occurring on the Mortgaged Property. Mortgagee may, at
Mortgagee's discretion, have the Mortgaged Property inspected at the time and Mortgagor shall
pay all costs incurred by Mortgagee in executing such inspection.
6. Mortgagee's Right to Make Certain Payments. In the event Mortgagor fails to pay and/or
discharge the taxes, assessments, liens, levies, liabilities, obligations and encumbrances, or fails
to keep the Mortgaged Property insured or to deliver the policies, premiums paid, or fails to repair
the Mortgaged Property as herein agreed, Mortgagee is hereby authorized at its election to pay
and/or discharge the taxes, assessments, liens, levies, liabilities, obligations and encumbrances
or any part thereof, to procure and pay for such insurance or to make and pay for such repairs,
without any obligation on its part to determine the validity and/or necessity thereof, and without
Mortgagee waiving or affecting any option, lien, equity or right under or by virtue of this Mortgage.
The full amount of each and every such payment made by Mortgagee shall be immediately due
and payable by Mortgagor and shall bear interest from the date thereof until paid at the Default
Rate, as hereinafter defined, and together with such interest, shall be secured by the lien of this
Mortgage. Nothing herein contained shall be construed as requiring Mortgagee to advance or
expend monies for any of the purposes mentioned in this paragraph.
7. Payment of Expenses. Mortgagor shall pay all the costs, charges and expenses, including
reasonable attorney's fees, whether incurred at the trial or appellate level, disbursements and
costs of abstracts of title, incurred or paid at any time by Mortgagee because and/or in the event
of the failure on the part of Mortgagor promptly and fully to perform, comply with and abide by
each and every stipulation, agreement, condition and covenant of the Note, the Loan Agreement,
this Mortgage and any other instrument securing the Note. Such costs, charges and expenses,
shall be immediately due and payable, without notice, demand, attempt to collect or suit pending.
The full amount of each and every such payment shall bear interest from the date thereof until
paid at the Default Rate, as hereinafter defined. All such costs, charges and expenses so incurred
or paid, together with such interest, shall be secured by the lien of this Mortgage.
8. No Transfer. It is understood and agreed by Mortgagor that as part of the inducement to
Mortgagee to make the loan evidenced by the Note, Mortgagee has considered and relied on the
credit worthiness and reliability of Mortgagor. Mortgagor covenant and agrees not to sell, convey,
transfer, lease or further encumber any interest in or any part of the Mortgaged Property without
the prior written consent of Mortgagee, and any such sale, conveyance, transfer, lease or
encumbrance made without Mortgagee's prior written consent shall be void and a default herein.
If any person should obtain an interest in all or any part of the Mortgaged Property pursuant to
the execution or enforcement of any lien, security interest or other right, whether superior, equal
or subordinate to this Mortgage or the lien hereof, such event shall be deemed to be a transfer by
Mortgagor and a default hereunder.
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9. After Acquired Property. The lien of this mortgage will automatically attach, without further
act, to all after acquired property located in or on, or attached to, or used or intended to be used
in connection with or with the operation of the Mortgaged Property.
10. Additional Documents. At any time and from time to time, upon Mortgagee's request,
Mortgagor shall make, execute and deliver or cause to be made, executed and delivered to the
Mortgagee and, where appropriate, shall cause to be recorded or filed and from time to time
thereafter to be re -recorded or re -filed at such time and in such offices and places as shall be
deemed desirable by Mortgagee any and all such further mortgages, instruments of further
assurance, certificates and other documents as Mortgagee may consider necessary or desirable
in order to effectuate, complete, enlarge or perfect, or to continue and preserve the obligations of
Mortgagor under the Note and this Mortgage, and the lien of this Mortgage, as a first and prior
lien upon all of the Mortgaged Property, whether now owned or hereafter acquired by Mortgagor.
Upon any failure by Mortgagor to do so, Mortgagee may make, execute, record, file, re-record or
refile any and all such mortgages, instruments, certificates and documents for and in the name of
Mortgagor, and Mortgagor hereby irrevocably appoints Mortgagee agent and attorney -in -fact of
Mortgagor to do so.
II. Events of Default
Any one of the following shall constitute an event of default:
11. (a) Failure by Mortgagor to pay, as and when due and payable, any installments of principal
or interest due under the Note, or any deposits for taxes and assessments or insurance premiums
due hereunder, or any other sums to be paid by Mortgagor hereunder, or under the Loan
Agreement or any other instrument securing the Note.
(b) Failure by Mortgagor to duly keep, perform and observe any covenant, condition or
agreement in the Note, the Loan Agreement, this Mortgage, or any other instrument securing the
Note.
(c) If either Mortgagor or any guarantor or endorser of the Note: (i) files a voluntary petition in
bankruptcy, or (ii) is adjudicated as a bankrupt or insolvent, or (iii) files any petition or answer
seeking or acquiescing in any reorganization, management, composition, readjustment,
liquidation, dissolution or similar relief for itself under any law relating to bankruptcy, insolvency
or other relief for debtors, or (iv) seeks, consents to or acquiesces in the appointment of any
trustee, receiver, master or liquidator of itself or of all or any part of the Mortgaged Property, or
(v) makes any general assignment for the benefit of creditors, or (vi) makes any admissions in
writing of its inability to pay its debts generally as they become due; or (vii) a court of competent
jurisdiction enters an order, judgment or decree approving a petition filed against it seeking any
reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief
under any present or future federal, state, or other statute, law or regulation relating to bankruptcy,
insolvency or other relief for debtors, which order, judgment or decree remains unvacated and
unstayed for an aggregate of sixty (60) days whether or not consecutive from the date of entry
thereof; or (viii) any trustee, receiver or liquidator of it or of any part of the Mortgaged Property is
appointed without the prior written consent of Mortgagee, which appointment shall remain
unvacated and unstayed for an aggregate of sixty (60) days whether or not consecutive.
(d) Any breach of warranty or material untruth of any representation of Mortgagor contained in
the Note, the Loan Agreement, this Mortgage or any other instrument securing the Note.
(e) An event of default under any existing or future notes, loans, advances, guaranties, or other
indebtedness owed to the Mortgagee by the Mortgagor, or any or either of them, or under any
instrument securing such indebtedness.
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III. Remedies of Mortgagee
12. Acceleration. If an event of default shall have occurred, Mortgagee may declare the
outstanding principal amount of the Note and the interest accrued thereon, and all other sums
secured hereby, to be due and payable immediately, and upon such declaration such principal
and interest and other sums shall immediately become due and payable without demand, notice
or presentment for payment, unless otherwise provided in the Loan Agreement.
13. Other Remedies. If an event of default shall have occurred, Mortgagee may proceed by suit
or suits at law or in equity or by any other appropriate proceeding or remedy: (a) to enforce
payment of the Note or the performance of any term hereof or any other right; (b) to foreclose this
Mortgage and to sell, as an entirety or in separate lots or parcels, the Mortgaged Property under
the judgment or decree of a court or courts of competent jurisdiction; (c) to collect all rents, issues,
profits, revenues, income, proceeds or other benefits from the Mortgaged Property; (d) to seek
appointment of a receiver to enter upon and take possession of the Mortgaged Property and to
collect all rents, issues, profits, revenues, income or other benefits thereof and apply the same as
the Court may direct and such receiver shall have all rights and powers permitted under law; and
(e) to pursue any other remedy available to it, including, but not limited to taking possession of
the Mortgaged Property without notice or hearing to Mortgagor. Mortgagee shall take action either
by such proceedings or by the exercise of its power with respect to entry or taking possession, or
both as Mortgagee may determine.
14. No Waiver. No delay or omission of Mortgagee or of any holder of the Note and Mortgage
to exercise any right, power or remedy accruing upon any event of default shall exhaust or impair
any such right, power or remedy or be construed as a waiver of any such event of default or
constitute acquiescence therein.
15. Non -Exclusive Remedies. No right, power or remedy conferred upon or reserved to
Mortgagee by the Note, the Loan Agreement, this Mortgage or any other instrument securing the
Note is exclusive of any other right, power or remedy, but each and every such right, power and
remedy shall be cumulative and concurrent and shall be in addition to any other right, power or
remedy given hereunder or under the Note, the Loan Agreement, or any other instrument securing
the Note, or now or hereafter existing at law, in equity or by statute.
IV. Miscellaneous
16. Successors and Assigns Bound. Whenever one of the parties hereto is named or referred
to herein, the heirs, personal representatives, successors and assigns of such party shall be
included and all covenants and agreements contained in this Mortgage, by or on behalf of
Mortgagor or Mortgagee, shall bind and inure to the benefit of their respective heirs, personal
representatives, successors and assigns.
17. Invalid or Unenforceable. In the event that any of the covenants, agreements, terms or
provisions contained in the Note, this Mortgage or any other instrument securing the Note shall
be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants,
agreement, terms or provisions contained herein and in the Note and any other instrument
securing the Note shall be in no way affected, prejudiced or disturbed thereby.
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18. Future Advances. This Mortgage is given to secure not only existing indebtedness, but also
such future advances, whether such advances are obligatory or are to be made at the option of
Mortgagee, or otherwise, as are made within twenty years from the date hereof, to the same
extent as if such future advances are made on the date of the execution of this Mortgage. The
total amount of indebtedness that may be so secured may decrease or increase from time to time,
but the total unpaid balance so secured at one time shall not exceed four times the face amount
of the Note plus interest thereon, and any disbursements made for the payment of taxes, levies
or insurance on the Mortgaged Property, with interest on such disbursements at the Default Rate
as hereinafter defined.
19. Obligation of Mortgagor. Mortgagor shall pay the cost of releasing or satisfying this
Mortgage of record.
20. Default Rate. The Default Rate shall be interest at the maximum rate permitted by applicable
law, whether now or hereafter in effect.
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year above
first written.
Signed�sepled and delivered in the
prestrice of:
Wita
TAMRA L. COKONOUGHER
Print -Mtn+ s Name
John S. Mead
Print Witness Name
STATE OF FLORIDA
COUNTY OF OKALOOSA
3k'
tn ' yky\ '.USar\
Benjarin F. Anderson, as Tax Collector for
Okaloosa County, a Political Subdivision
of the State of Florida
The foregoing instrument was acknowledged before me this c'$ day of September, 2022
by means of physical presence by Benjamin F. Ander n, as Tax Collector for Okaloosa County,
a Political Subdivision of the State of Florida, who is personally known to me OR ( ) produced
as identification.
w�. Notary Pubilc Stata of Florida
����' My Commissfond
HH 159767
Exp.10/20/2025
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EXHIBIT "A"
(Legal Description)
A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23
WEST, OKALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°05'55"E ALONG THE NORTH
LINE OF SAID SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEPARTING SAID
NORTH LINE PROCEED S01°54'05"W, FOR A DISTANCE OF 1102.22 FEET TO A 5/8 INCH IRON
ROD (LB# 5024) MARKING THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA; THENCE PROCEED S88°03'29"E (REFERENCE BEARING) ALONG THE
NORTH LINE OF SAID PARCEL, FOR A DISTANCE OF 30.00 FEET TO A 1/2 .INCH IRON ROD
(LB# 7191) BEING THE POINT OF BEGINNING; THENCE CONTINUE S88°03'29"E ALONG SAID
NORTH LINE, FOR A DISTANCE OF 426.97 FEET TO A 1/2 INCH IRON ROD (LB# 7191); THENCE
DEPARTING SAID NORTH LINE PROCEED S01 °56'31 "W, FOR A DISTANCE OF 236.58 FEET TO
A POINT ON A CURVE MARKED BY A 1/2 INCH IRON ROD (LB# 7191) AND LYING ON THE
NORTH LINE OF A PROPOSED 60.00 FOOT INGRESS, EGRESS, AND UTILITY EASEMENT, SAID
CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 300.00 FEET;
THENCE PROCEED ALONG SAID PROPOSED NORTH EASEMENT LINE AND CURVE
THROUGH A CENTRAL ANGLE OF 04°35'04" FOR A DISTANCE OF 24.00 FEET (CHORD
BEARING = S73°45'57"W, CHORD = 24.00 FEET) TO THE POINT OF REVERSE CURVATURE OF
A CURVE BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET
BEING MARKED BY A 1/2" IRON ROD LB. #7191; THENCE CONTINUE ALONG SAID PROPOSED
NORTH EASEMENT LINE THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF
89.26 FEET (CHORD BEARING = S81°42'07"W, CHORD = 88.78 FEET) TO A 1/2 INCH IRON ROD
(LB# 7191); THENCE CONTINUE N88°04'12"W ALONG SAID PROPOSED NORTH EASEMENT
LINE, FOR A DISTANCE OF 316.74 FEET TO THE INTERSECTION OF SAID PROPOSED NORTH
EASEMENT LINE AND THE EAST LINE OF AN APPARENT 60.00 FOOT RIGHT OF WAY BEING
MARKED BY A 1/2" IRON ROD LB. #7191; THENCE DEPARTING SAID PROPOSED NORTH
EASEMENT LINE, PROCEED N01°55'48"E ALONG SAID APPARENT EAST RIGHT OF WAY
LINE, FOR A DISTANCE OF 259.91 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.53 ACRES (110,046 SQUARE FEET),
MORE OR LESS.
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STATEMENT
Benjamin F. Anderson, as Tax Collector for Okaloosa County, a Political Subdivision of the State
of Florida (hereinafter referred to as "Tax Collector") agrees to provide the City of Crestview,
Florida, a municipal corporation (hereinafter referred to as "City") an opportunity/option to occupy
a floor or vacant area of the building to be constructed on the subject property. Such an option
shall be at fair market value, and may be available to rent or to purchase from the Tax Collector.
This shall be for the purpose of a municipal office space (subject to the approval of the holder and
owner of the reverter provision on the Subject Property). This shall be available only if additional
space is constructed and is deemed to be surplus by the Tax Collector. Neither the Tax Collector
nor the City is obligated to lease, sell, purchase, or build additional space for either party,
Dated September 28, 2022.
-tc� P-0.- t f .... .�,.i.e 1''J L A
•
Benjamin I� Anderson, as Tax Collector for
Okaloosa County, a Political Subdivision of
the State of Florida
City of Crestview, Florida,
a municipal corporation
Tim Bolduc
As City Manager
DoclkSign Envelope ID: DB9B5E5E-976E-40F3-B29D-E06CE2C53DDO
This REVERSIONARY INTEREST STATEMENT is executed this 28th day of September,
2022, by Gwendolyn C. Giesen and George B. Giesen, individually, as successor -in -interest to Andrew F.
Giesen, Jr., and as Successor Trustees of the Revocable Trust Agreement of Andrew F. Giesen, Jr., dated
November 25, 2003, whose collective address is 981 Elkin Lane, Keller, TX 76262, and J. LaDon Dewrell,
individually and as successor -in -interest to Charles W. Clary, whose address is P.O. Box 1510, Fort Walton
Beach, FL 32549 (hereinafter referred to as "Owners of Reversionary Interest").
WHEREAS, Owners of Reversionary Interest conveyed certain real property to the City of
Crestview, Florida (hereinafter referred to as "City"), by Corrective Warranty Deed dated September 7,
2000, and recorded in Official Records Book 2264, at Pages 37 through 43, of the Public Records of
Okaloosa County, Florida; and
WHEREAS, the deed referred to above contained a provision that if any of Parcel 1, as
described in the deed, was ever used for any purpose other than city administrative offices, city library,
community center, or other governmental administrative offices, that title to the land would revert to
grantors, who are Owners of Reversionary Interest; and
WHEREAS, Benjamin F. Anderson as Tax Collector, Okaloosa County, Florida (hereinafter
referred to as "Tax Collector") wishes to purchase a portion of Parcel 1, as described in the above -
referenced deed, and construct a Tax Collector's office building upon it; and
NOW, THEREFORE, in consideration of One Dollar and other consideration and the
agreements herein contained, the undersigned Owners of Reversionary Interest hereby acknowledge as
follows:
The use of the real property described on the attached Exhibit "A" for an Okaloosa County Tax
Collector's office and/or for the use as an Okaloosa County Property Appraiser's office is permitted and
does not violate the reverter clause as described above. This Agreement applies only to the two and one
half (2.5) acres described on the Exhibit "A" and does not apply to the remaining parcels.
"-629EA CFCF29IFF..
Gwendolyn C. Giesen, individually, as
successor -in -interest to Andrew F. Giesen, Jr.,
and as Successor Trustee of the Revocable Trust
Agreement of Andrew F. Giesen, Jr., dated
November 25, 2003
J. LaDon Dewrell, individually and as successor -
in -interest to Charles W. Clary
George B. Giesen, individually, as successor -
in -interest to Andrew F. Giesen, Jr., and as
Successor Trustee of the Revocable Trust
Agreement of Andrew F. Giesen, Jr., dated
November 25, 2003
ACKNOWLEDGED BY:
nr,/Savti
Benjamii . Anderson, as Tax Collector for
Okaloosa ounty, a Political Subdivision of
the State of Florida
DocuSign Envelope ID: DB9B5E5E-976E-40F3-B29D-E06CE2C53DD0
EXHIBIT "A"
(Legal Description)
SUBJECT PARCEL (AS SURVEYED)
A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23
WEST, OKALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°05'55"E ALONG THE NORTH
LINE OF SAID SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEPARTING SAID
NORTH LINE PROCEED S01°54'05"W, FOR A DISTANCE OF 1102.22 FEET TO A 5/8 INCH IRON
ROD (LB# 5024) MARKING THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA; THENCE PROCEED S88°03'29"E (REFERENCE BEARING) ALONG THE
NORTH LINE OF SAID PARCEL, FOR A DISTANCE OF 30.00 FEET TO A 1/2 INCH IRON ROD (LB#
7191) BEING THE POINT OF BEGINNING; THENCE CONTINUE S88°03'29"E ALONG SAID NORTH
LINE, FOR A DISTANCE OF 426.97 FEET TO A 1/2 INCH IRON ROD (LB# 7191); THENCE
DEPARTING SAID NORTH LINE PROCEED S01 °56'31 "W, FOR A DISTANCE OF 236.58 FEET TO A
POINT ON A CURVE MARKED BY A 1/2 INCH IRON ROD (LB# 7191) AND LYING ON THE
NORTH LINE OF A PROPOSED 60.00 FOOT INGRESS, EGRESS, AND UTILITY EASEMENT, SAID
CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 300.00 FEET;
THENCE PROCEED ALONG SAID PROPOSED NORTH EASEMENT LINE AND CURVE THROUGH
A CENTRAL ANGLE OF 04°35'04" FOR A DISTANCE OF 24.00 FEET (CHORD BEARING =
S73°45'57"W, CHORD = 24.00 FEET) TO THE POINT OF REVERSE CURVATURE OF A CURVE
BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET BEING
MARKED BY A 1/2" IRON ROD LB. #7191; THENCE CONTINUE ALONG SAID PROPOSED NORTH
EASEMENT LINE THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 89.26 FEET
(CHORD BEARING = S81°42'07"W, CHORD = 88.78 FEET) TO A 1/2 INCH IRON ROD (LB# 7191);
THENCE CONTINUE N88°04' 12"W ALONG SAID PROPOSED NORTH EASEMENT LINE, FOR A
DISTANCE OF 316.74 FEET TO THE INTERSECTION OF SAID PROPOSED NORTH EASEMENT
LINE AND THE EAST LINE OF AN APPARENT 60.00 FOOT RIGHT OF WAY BEING MARKED BY
A 1/2" IRON ROD LB. #7191; THENCE DEPARTING SAID PROPOSED NORTH EASEMENT LINE,
PROCEED N01 °55'48"E ALONG SAID APPARENT EAST RIGHT OF WAY LINE, FOR A DISTANCE
OF 259.91 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.53 ACRES (110,046 SQUARE FEET),
MORE OR LESS.
This REVERSIONARY INTEREST STATEMENT is executed this 28th day of September,
2022, by Gwendolyn C. Giesen and George B. Giesen, individually, as successor -in -interest to Andrew F.
Giesen, Jr., and as Successor Trustees of the Revocable Trust Agreement of Andrew F. Giesen, Jr., dated
November 25, 2003, whose collective address is 981 Elkin Lane, Keller, TX 76262, and J. LaDon Dewrell,
individually and as successor -in -interest to Charles W. Clary, whose address is P.O. Box 1510, Fort Walton
Beach, FL 32549 (hereinafter referred to as "Owners of Reversionary Interest").
WHEREAS, Owners of Reversionary Interest conveyed certain real property to the City of
Crestview, Florida (hereinafter referred to as "City"), by Corrective Warranty Deed dated September 7,
2000, and recorded in Official Records Book 2264, at Pages 37 through 43, of the Public Records of
Okaloosa County, Florida; and
WHEREAS, the deed referred to above contained a provision that if any of Parcel 1, as
described in the deed, was ever used for any purpose other than city administrative offices, city library,
community center, or other governmental administrative offices, that title to the land would revert to
grantors, who are Owners of Reversionary Interest; and
WHEREAS, Benjamin F. Anderson as Tax Collector, Okaloosa County, Florida (hereinafter
referred to as "Tax Collector") wishes to purchase a portion of Parcel 1, as described in the above -
referenced deed, and construct a Tax Collector's office building upon it; and
NOW, THEREFORE, in consideration of One Dollar and other consideration and the
agreements herein contained, the undersigned Owners of Reversionary Interest hereby acknowledge as
follows:
The use of the real property described on the attached Exhibit "A" for an Okaloosa County Tax
Collector's office and/or for the use as an Okaloosa County Property Appraiser's office is permitted and
does not violate the reverter clause as described above. This Agreement applies only to the two and one
half (2.5) acres described on the Exhibit "A" and does not apply to the remaining parcels.
Gwendolyn C. Giesen, individually, as
successor -in -interest to Andrew F. Giesen, Jr.,
and as Successor Trustee of the Revocable Trust
Agreement of Andrew F. Giesen, Jr., dated
November 25, 2003
J. LaDon Dewrell, individually and as successor -
in -interest to Charles W. Clary
George B. Giesen, individually, as successor -
in -interest to Andrew F. Giesen, Jr., and as
Successor Trustee of the Revocable Trust
Agreement of Andrew F. Giesen, Jr., dated
November 25, 2003
ACKNOWLEDGED BY:
Benjamin F. Anderson, as Tax Collector for
Okaloosa County, a Political Subdivision of
the State of Florida
EXHIBIT "A"
(Legal Description)
SUBJECT PARCEL (AS SURVEYED)
A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23
WEST, OKALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°05'55"E ALONG THE NORTH
LINE OF SAID SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEPARTING SAID
NORTH LINE PROCEED S01°54'05"W, FOR A DISTANCE OF 1102.22 FEET TO A 5/8 INCH IRON
ROD (LB# 5024) MARKING THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA; THENCE PROCEED S88°03'29"E (REFERENCE BEARING) ALONG THE
NORTH LINE OF SAID PARCEL, FOR A DISTANCE OF 30.00 FEET TO A 1/2 INCH IRON ROD (LB#
7191) BEING THE POINT OF BEGINNING; THENCE CONTINUE S88°03'29"E ALONG SAID NORTH
LINE, FOR A DISTANCE OF 426.97 FEET TO A 1/2 INCH IRON ROD (LB# 7191); THENCE
DEPARTING SAID NORTH LINE PROCEED SO1 °56'31 "W, FOR A DISTANCE OF 236.58 FEET TO A
POINT ON A CURVE MARKED BY A 1/2 INCH IRON ROD (LB# 7191) AND LYING ON THE
NORTH LINE OF A PROPOSED 60.00 FOOT INGRESS, EGRESS, AND UTILITY EASEMENT, SAID
CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 300.00 FEET;
THENCE PROCEED ALONG SAID PROPOSED NORTH EASEMENT LINE AND CURVE THROUGH
A CENTRAL ANGLE OF 04°35'04" FOR A DISTANCE OF 24.00 FEET (CHORD BEARING =
S73°45'57"W, CHORD = 24.00 FEET) TO THE POINT OF REVERSE CURVATURE OF A CURVE
BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET BEING
MARKED BY A 1/2" IRON ROD LB. #7191; THENCE CONTINUE ALONG SAID PROPOSED NORTH
EASEMENT LINE THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 89.26 FEET
(CHORD BEARING = S81°42'07"W, CHORD = 88.78 FEET) TO A 1/2 INCH IRON ROD (LB# 7191);
THENCE CONTINUE N88°04'12"W ALONG SAID PROPOSED NORTH EASEMENT LINE, FOR A
DISTANCE OF 316.74 FEET TO THE INTERSECTION OF SAID PROPOSED NORTH EASEMENT
LINE AND THE EAST LINE OF AN APPARENT 60.00 FOOT RIGHT OF WAY BEING MARKED BY
A 1/2" IRON ROD LB. #7191; THENCE DEPARTING SAID PROPOSED NORTH EASEMENT LINE,
PROCEED N01 °55'48"E ALONG SAID APPARENT EAST RIGHT OF WAY LINE, FOR A DISTANCE
OF 259.91 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.53 ACRES (110,046 SQUARE FEET),
MORE OR LESS.
DacuSign Envelope ID: 9895783E-1420-4AE0-8B7A-DD2F503A519E
This REVERSIONARY INTEREST STATEMENT is executed this 28th day of September,
2022, by Gwendolyn C. Giesen and George B. Giesen, individually, as successor -in -interest to Andrew F.
Giesen, Jr., and as Successor Trustees of the Revocable Trust Agreement of Andrew F. Giesen, Jr., dated
November 25, 2003, whose collective address is 981 Elkin Lane, Keller, TX 76262, and J. LaDon Dewrell,
individually and as successor -in -interest to Charles W. Clary, whose address is P.O. Box 1510, Fort Walton
Beach, FL 32549 (hereinafter referred to as "Owners of Reversionary Interest").
WHEREAS, Owners of Reversionary Interest conveyed certain real property to the City of
Crestview, Florida (hereinafter referred to as "City"), by Corrective Warranty Deed dated September 7,
2000, and recorded in Official Records Book 2264, at Pages 37 through 43, of the Public Records of
Okaloosa County, Florida; and
WHEREAS, the deed referred to above contained a provision that if any of Parcel 1, as
described in the deed, was ever used for any purpose other than city administrative offices, city library,
community center, or other governmental administrative offices, that title to the land would revert to
grantors, who are Owners of Reversionary Interest; and
WHEREAS, Benjamin F. Anderson as Tax Collector, Okaloosa County, Florida (hereinafter
referred to as "Tax Collector") wishes to purchase a portion of Parcel 1, as described in the above -
referenced deed, and construct a Tax Collector's office building upon it; and
NOW, THEREFORE, in consideration of One Dollar and other consideration and the
agreements herein contained, the undersigned Owners of Reversionary Interest hereby acknowledge as
follows:
The use of the real property described on the attached Exhibit "A" for an Okaloosa County Tax
Collector's office and/or for the use as an Okaloosa County Property Appraiser's office is permitted and
does not violate the reverter clause as described above. This Agreement applies only to the two and one
half (2.5) acres described on the Exhibit "A" and does not apply to the remaining parcels.
Gwendolyn C. Giesen, individually, as
successor -in -interest to Andrew F. Giesen, Jr.,
and as Successor Trustee of the Revocable Trust
Agreement of Andrew F. Giesen, Jr., dated
November 25, 2003
r—DocuSigned by:
J taVbin. Viwr LL
C988193473EE40C_.
J. LaDon Dewrell, individually and as successor -
in -interest to Charles W. Clary
George B. Giesen, individually, as successor -
in -interest to Andrew F. Giesen, Jr., and as
Successor Trustee of the Revocable Trust
Agreement of Andrew F. Giesen, Jr., dated
November 25, 2003
ACKNOWLEDGED BY:
Benjamin F. Anderson, as Tax Collector for
Okaloosa County, a Political Subdivision of
the State of Florida
DocuSign Envelope ID: 9895783E-142D-4AE0-8B7A-DD2F503A519E
EXHIBIT "A"
(Legal Description)
SUBJECT PARCEL (AS SURVEYED)
A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA; BEING A PORTION OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 23
WEST, OKALOOSA COUNTY, FLORIDA; THENCE PROCEED S88°05'55"E ALONG THE NORTH
LINE OF SAID SECTION 4, FOR A DISTANCE OF 1150.46 FEET; THENCE DEPARTING SAID
NORTH LINE PROCEED SO1°54'05"W, FOR A DISTANCE OF 1102.22 FEET TO A 5/8 INCH IRON
ROD (LB# 5024) MARKING THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3283, PAGE 2957 OF THE PUBLIC RECORDS OF OKALOOSA
COUNTY, FLORIDA; THENCE PROCEED S88°03'29"E (REFERENCE BEARING) ALONG THE
NORTH LINE OF SAID PARCEL, FOR A DISTANCE OF 30.00 FEET TO A 1/2 INCH IRON ROD (LB#
7191) BEING THE POINT OF BEGINNING; THENCE CONTINUE S88°03'29"E ALONG SAID NORTH
LINE, FOR A DISTANCE OF 426.97 FEET TO A 1/2 INCH IRON ROD (LB# 7191); THENCE
DEPARTING SAID NORTH LINE PROCEED S01 °56'31 "W, FOR A DISTANCE OF 236.58 FEET TO A
POINT ON A CURVE MARKED BY A 1/2 INCH IRON ROD (LB# 7191) AND LYING ON THE
NORTH LINE OF A PROPOSED 60.00 FOOT INGRESS, EGRESS, AND UTILITY EASEMENT, SAID
CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 300.00 FEET;
THENCE PROCEED ALONG SAID PROPOSED NORTH EASEMENT LINE AND CURVE THROUGH
A CENTRAL ANGLE OF 04°35'04" FOR A DISTANCE OF 24.00 FEET (CHORD BEARING =
S73°45'57"W, CHORD = 24.00 FEET) TO THE POINT OF REVERSE CURVATURE OF A CURVE
BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET BEING
MARKED BY A 1/2" IRON ROD LB. #7191; THENCE CONTINUE ALONG SAID PROPOSED NORTH
EASEMENT LINE THROUGH A CENTRAL ANGLE OF 20°27'23" FOR A DISTANCE OF 89.26 FEET
(CHORD BEARING = S81 °42'07"W, CHORD = 88.78 FEET) TO A 1/2 INCH IRON ROD (LB# 7191);
THENCE CONTINUE N88°04'12"W ALONG SAID PROPOSED NORTH EASEMENT LINE, FOR A
DISTANCE OF 316.74 FEET TO THE INTERSECTION OF SAID PROPOSED NORTH EASEMENT
LINE AND THE EAST LINE OF AN APPARENT 60.00 FOOT RIGHT OF WAY BEING MARKED BY
A 1/2" IRON ROD LB. #7191; THENCE DEPARTING SAID PROPOSED NORTH EASEMENT LINE,
PROCEED NO 1 °55'48"E ALONG SAID APPARENT EAST RIGHT OF WAY LINE, FORA DISTANCE
OF 259.91 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.53 ACRES (110,046 SQUARE FEET),
MORE OR LESS.