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ap - 4i.2 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (the "Agreement") is entered into as of the day of , 2012 , by and between Indian River County , a political subdivision of the Stat of Florida , whose address is 1801 27th Street, Vero Beach , FL 32960 (the " County") , and Vista Plantation Association , Inc . , a Florida non -profit corporation , whose address is 49 Plantation Drive , Vero Beach , FL 32966 (the "Association ") . The Association and County may be hereinafter referred to , collectively , as the " Parties" . RECITALS WHEREAS , Vista Plantation condominium is a 47 building , 564 unit , condominium development located in and around the northwest corner of State Road 60 and 66th Avenue ; and WHEREAS , the Association and its unit owners are subject to that certain Declaration of Condominium of Vista Plantation , and the exhibits attached thereto , as recorded in the Public Records of Indian River County in O . R . Book 699 , P . 1817 , as amended from time to time (the " Declaration ") ; and WHEREAS , the Association is governed by the Association ' s Board of Dirlactors ; and WHEREAS , Association owns approximately 48 % of a lake system used in part for drainage , drainage detention , and surface water run off (the " Interest") located within the Vista Plantation condominium project, as depicted in Exhibit "A" to the Declaration , incorporated by reference herein , and for illustrative purposes , as shown on the aerial photo , attached as Exhibit "A" hereto (the "Association Owned Lake System ") ; and WHEREAS , County is undertaking a road expansion project consisting of the widening of 66th Avenue north of State Road 60 , for which County needs a stormwater detention facility on the west side of 66th Avenue , between State Road 60 and 26th Street ("66th Avenue Expansion Project") ; and WHEREAS , the County used its powers of eminent domain to acquire certain interests in real property necessary to accomplish the 66th Avenue Expansion Project, but did not include the Association as a Party defendant (a/k/a the " condemnee") to such actions ; and WHEREAS , the Association asserts that the County must acquire certain property interests under the control and ownership of the Association and , therefore asserted , as a result of this settlement did not have to file an inverse eminent domain action against the County; and WHEREAS , but for this Agreement , the County would need to acquire , through l exercise of its eminent domain power , certain real property owned by the Association , including a portion of the Association Owned Lake System ; and 1