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IN IN mtt AGREEMENT BETWEEN _ INDIAN RIVER COUNTY FLORIDA I AND LAWRENCE A. AND REBECCA N . BARKETTQ � � FOR REPAIR OF CULVERT AND ROADWAY AT VERO SOUTH SUBDIVISION AT OSLO ROAD THIS AGREEMENT , entered this day of , 20123 by and between Indian River CountyIN , Florida, a political subdivision of the State of Florida, 1801271h Street, Vero NL Beach , Florida, 32960 hereafter referred to as " County" , and Lawrence A . and Rebecca N . Barkett , 21752 ()Ih Street, Vero Beach, FL 32960 , hereafter referred to as "the Barketts . " NY WITNESSETH WHEREAS , the Barketts are owners of a five unit commercial building located at the I ON Ne southwest corner of Oslo Road and 20th Street, more particularly described as 2015 Oslo Road Vero IN Beach, Florida (herein after referred to as the "Barkett Property") ; and WHEREAS , Vero South Subdivision is a 16 unit townhouse development which abuts the south and west boundaries of the Barkett Property ; and NY WHEREAS , access to the Vero South Subdivision is obtained via two one lane driveways IN located on the south side of Oslo Road . The driveways cross over an Indian River Farms Water Control District owned canal where a culvert was installed to provide for the control of water and stormwater runoff. Vero South granted the Barketts an easement over these driveways for access to the Barkett Property ; and WHEREAS , the Vero South Property Owners Association, Inc . a Florida non-profit corporation, (herein after "Vero South") whose address is 3109 Grand Avenue #261 , Coconut Grove, Fl 33133 is the owner and is responsible for maintenance of the two one lane driveways . The aerial photograph attached as Exhibit "A" and incorporated herein by reference depicts the following : the Barkett Property is Tract 1 , the Vero South Subdivision is labeled as Tract 2 , and the driveways are labeled as Tract 3 ; and WHEREAS , the culvert under the driveways has collapsed and has caused the driveway ' s NY pavement to sink rendering the egress driveway a danger to motorists . The County has placed barricades closing off the egress lane of the driveway . Currently, all visitors to the Barkett Property NY and the Vero South townhouses must use a single lane, which is not wide enough to allow two cars to pass at the same time ; and FAAttomey\Bill\Developers AgreementsTarkett South Vero Culvert Repair Agreement. doc 77 _71Y I 177 IN IN yNo d , $� ' ININY'7 NY