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i- R INGATION IN 1. la. cj FA4 E: t 3 A . , I . K . BARMN , CLERK 44066, AGREEMENT �xo i a - 10 A THIS AGREEMENT is entered into as of the _ day of April, 2012, by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27`h Street, Vero Beach, FL 32960 ("County") and Vista Properties of Vero Beach, Inc., a Florida corporation, whose address is 100 Vista Royale Boulevard, Vero Beach, FL 32962 ("Vista Properties"). WHEREAS, on or about May 21 , 2009, Vista Properties executed and delivered to County (a) an Easement Deed for drainage purposes along and beneath certain real property described therein, which deed is recorded at OR Book 2344, Page 479 ("Easement Deed"), and (b) a Statutory Warranty Deed transferring certain real property described therein, which deed is recorded at OR Book 2344, Page 476 ("Warranty Deed'), all references to the Public Records of Indian River County, Florida; and WHEREAS, the parties have subsequently determined that the Easement Deed and the Warranty Deed did not achieve in full their intended purposes of transferring to County (a) all rights necessary to use the Vista Plantation lake system for stormwater drainage and retention purposes related to County's 6e Avenue expansion project ("66'h Avenue Expansion Project"), and (b) ownership of the parcel and other rights described in the Warranty Deed; and WHEREAS, as a result of the shortcomings of the Easement Deed and the Warranty Dee(L County has been required to purchase additional easement and ownership rights from Vista Plantation Association, Inc., a Florida corporation ("Association"); and WHEREAS, to mitigate County' s expense in purchasing additional easement and ownership rights from Association, Vista Properties has agreed to transfer to County additional real property to be used for the 6e Avenue Expansion Project, and an additional easement relating to the existing outfall structure and related facilities from the Vista Plantation lake system to the canal on the south side of 2e Street, in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual undertakings set forth herein, and other good and valuable consideration, the receipt and adequacy of • which is hereby acknowledged, the parties agree, as follows. 1 . Recitals. The above recitals are true and correct and are incorporated herein. 2. Transfer of Property to County. Vista Properties will transfer to County At closing the real property described on Exhibit A attached hereto, containing approximately .0288 acres, together with all easements, rights and uses now or hereafter belonging thereto ("Properly"). Vista Properties shall convey marketable title to the Property by statutory warranty deed, free of claims, liens, easements and encumbrances of record or known to Vista Properties, but subject to property taxes for 2012. County may order an ownership and encumbrance report Page I ofS n1 UV