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k4loll 13 • A . AGREEMENT C 011 - 106 THIS AGREEMENT is entered into as of this 19 day of April , 2011 , by and between Indian River County, a political subdivision of the State of Florida ("County") and Vista Golf, LLC , a Florida limited liability company ("Vista") . WHEREAS , Vista is the owner of certain properties formerly known as the Vista Royale Golf Course and the Vista Gardens Golf Course , which properties are more fully described on the Certificate of Title issued by the Clerk of Court in Marine Bank & Trust Company v. Vista Meadows, LLC, et al. , Indian River County Circuit Court, Case #2006 - 0598 - CA- 09 , which Certificate of Title is incorporated herein ("Vista Property") ; and WHEREAS , between 2009 and the present, Vista' s maintenance of certain portions of the Vista Property resulted in various actions by the Indian River County Code Enforcement Board ("CEB ") and Board of County Commissioners ("Board") , as follows : (a) an "Order Imposing Fine & Determining Public Nuisance Warranting County Abatement, dated September 9 , 2009 , and an "Order Acknowledging Compliance and Setting Accrued Fine" in the amount of $ 5 , 700 (collectively "Violation Order") , (b) orders by the CEB or the Board directing that portions of the Vista Property be mowed on seven separate occasions and assessing costs relating to such mowings in the total amount of $ 7 , 920 (collectively "Mowing Orders") , and (c) an " Order Imposing Fine for Repeat Violation, " dated April 5 , 2011 ( "Repeat Violation Order") , all of which orders have been or are in the process of being recorded as liens on all or a portion of the Vista Property; and WHEREAS , the parties desire to reach a settlement with respect to the various orders and liens , set forth above . NOW THERFORE , in consideration of the mutual undertakings set forth herein and other good and valuable consideration , the parties hereby agree , as follows : 1 . Recitals. The above recitals are true and correct and are incorporated herein . 2e Settlement. The parties hereby settle the orders and liens set forth above , as follows : a . Violation Order and Mowing Orders . Within two (2) days from the effective date of this agreement, Vista shall pay to the County the sum of $ 13 , 620 . 00 in payment in full of the Violation Order and the Mowing Orders . Upon receipt and clearance of this amount, the County shall satisfy and release the Violation Order and the Mowing Orders and any liens relating thereto ; be Maintenance of Vista Properties . Vista shall maintain the Vista Properties in compliance with all provisions of the Indian River County Code , including , without limitation , chapter 403 (Property Maintenance) and chapter 973 (Public Nuisance) (collectively "Code") ; and G l vers Heather I folvAppitala Loral':lfit ro.a)ftJ1 'inthm .r 'I emlwary Internet Mks ConlentlliSJb.Jlf51 ;1 'l . 1 'sfa6olfSellleinenl _Igreemen!/ ll. dot r Page / Qf 2