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A TRUE C0PY � - ► q -A � a
<br /> J , K0 O .ARTONI , CLERK 4 6'
<br /> AGREEMENT ;kc > i a 1 Iq
<br /> THLS AGREEMENT is entered into as of the _ day of April, 2012, by and between
<br /> Indian River County, a political subdivision of the State of Florida, whose address is 1801 27h
<br /> Street, Vero Beach, FL 32960 ("County") and Vista Properties of Vero Beach, Inc., a Florida
<br /> corporation, whose address is 100 Vista Royale Boulevard, Vero Beach, FL 32962 ("Vista
<br /> Properties").
<br /> WHEREAS, on or about May 21 , 2009, Vista. Properties executed and delivered to
<br /> County (a) an Easement Deed for drainage purposes along and beneath certain real property
<br /> described therein, which deed is recorded at OR Book 2344, Page 479 ("Easement Deed"), and
<br /> (b) a Statutory Warranty Deed transferring certain real property described therein, which deed is
<br /> recorded at OR Book 2344, Page 476 ("Warranty Deed'), all references to the Public Records of
<br /> Indian River County, Florida; and
<br /> WHEREAS, the parties have subsequently determined that the Easement Deed and the
<br /> Warranty Deed did not achieve in full their intended purposes of transferring to County (a) all
<br /> rights necessary to use the Vista Plantation lake system for stormwater drainage and retention
<br /> purposes related to County's 6& Avenue expansion project ("66'b Avenue Expansion Project',
<br /> and (b) ownership of the parcel and other rights described in the Warranty Deed; and
<br /> WHEREAS, as a result of the shortcomings of the Easement Deed and the Warranty
<br /> Deed, County has been required to purchase additional easement and ownership rights from
<br /> Vista Plantation Association, Inc., a Florida. corporation ("Association"); and
<br /> WHEREAS, to mitigate County' s expense in purchasing additional easement and
<br /> ownership rights from Association, Vista. Properties has agreed to transfer to County additional
<br /> real property to be used for the 66d' Avenue Expansion Project, and an additional easement
<br /> relating to the existing outfall structure and related facilities from the Vista Plantation lake
<br /> system to the canal on the south side of 2601 Street, in accordance with the terms of this
<br /> Agreement.
<br /> NOW, THEREFORE, in consideration of the mutual undertakings set forth herein, and
<br /> other good and valuable consideration, the receipt and adequacy of & which is hereby
<br /> acknowledged, the parties agree, as follows.
<br /> 1. Recitals. The above recitals are true and correct and are incorporated herein.
<br /> 2. Transfer of Property to County. Vista Properties will transfer to County at
<br /> closing the real property described on Exhibit A attached hereto, containing approximately .0288
<br /> acres, together with all easements, rights and uses now or hereafter belonging thereto
<br /> ("Property"). Vista Properties shall convey marketable title to the Property by statutory warranty
<br /> deed, free of claims, liens, easements and encumbrances of record or known to Vista Properties,
<br /> but subject to property taxes for 2012. County may order an ownership and encumbrance report
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