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2012-119
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Last modified
12/30/2015 10:03:30 AM
Creation date
10/1/2015 4:53:15 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Settlement Agreement
Approved Date
06/19/2012
Control Number
2012-119
Agenda Item Number
13.A.
Entity Name
Vista Plantation Association
Subject
Settlement Agreement 66th Avenue Project
Area
Vista Plantation Condominium NW Corner of SR 60 and 66th Avenue
Supplemental fields
SmeadsoftID
11653
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I <br /> 3 . 1 Title to Parcel 1.27. The Association shall convey title to Parcel 127 by <br /> special warranty deed and shall, at request of the County; work with the County <br /> to ensure such property is free of any claims and/or liens . <br /> 3 . 2 Title to Association Owned Lake System . The Association shall convey <br /> a perpetual non-exclusive easement for drainage, treatment and detention over <br /> the Association Owned Lake System for the County's 66th Avenue Improvement <br /> Project for such uses as set forth in the Permit and upon such terms and <br /> conditions as further described in the " Easement. Agreements (as hereinafter <br /> defined) attached as Exhibit "C"hereto and incorporated herein by this reference <br /> (the " Easement Agreement") .. <br /> 3 . 3 Title to Parcel 127A. The Association shall convey a perpetual non- <br /> exclusive easement for drainage , treatment and detention over Parcel 127A for <br /> the County's 66th Avenue 'improvement for such uses as set forth in the Permit <br /> and upon such terms and conditions as further described in the Easement <br /> Agreement. <br /> 4 :0 Reserved . <br /> 5 . Representations of the Association . <br /> 5 . 1 To the best belief of the, Association, the Association is the owner of its <br /> interests in, and has good right,. title and authority to convey and transfer its <br /> interests in the Property to the County . <br /> 5. 2 From and after the Effective Date of this Agreement, Association shall <br /> take no action which would impair, or otherwise affect, title to any portion of the <br /> .Property, and shall record no documents in the Public Records which would <br /> affect title to the Property, without the prior written consent of the County. <br /> 5 . 3 The Parties acknowledge that County has a pending application for a <br /> permit from St. John 's River Water Management District (" District") for its 66th <br /> Avenue Expansion Project and that the Association has threatened to file a <br /> petition with the District in opposition to issuance of the permit. Upon the <br /> occurrence of the Closing Date and the payment and clearing of the Purchase <br /> Price by the Association ' s financial institution , the Association (a) waives any <br /> actions or omissions which amount to an objection or opposition to the issuance <br /> of the: Permit and modifications. thereto, (b) promptly upon request by County or <br /> District provide written confirmation or other reasonable information required by <br /> District indicating that County has legal authority, by reason of the Easement, to <br /> use the Association Owned Lake System for stormwater drainage, treatment and <br /> detention purposes related to 66th Avenue , as expanded by the 66th Avenue <br /> Expansion Project, and (c) not act to prevent the County's efforts to obtain the <br /> permit. Without limitation , the Association shall execute and deliver to District, or <br /> 4 <br />
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