|
C �. RTIr i ! Ai I oro ! A , i t•A �_; F
<br /> J . K . BAR ION , CLERK
<br /> or a title insurance commitment with respect to the Property. County shall provide notice to
<br /> Vista Properties of any unacceptable title defects within twenty (20) days of the effective date of
<br /> this Agreement If such notice is provided, Vista Properties shall have twenty (20) days from
<br /> receipt of such notice to cure the title defects. If Vista Properties is not able to cure the title
<br /> defects within such period of time, then (a) the parties may extend the curative period by mutual
<br /> written agreement, (b) County may elect to accept the Property with the title defects, or (c)
<br /> County may elect to terminate this Agreement_
<br /> 3. Severance or Disruption Damages and Expenses. The parties acknowledge
<br /> that as a result of the use of the Property by County for the 66h Avenue Expansion Project, a
<br /> landscape buffer, fence and other items Iocated on the Property will be removed. To the extent
<br /> that Vista Properties elects to reconstruct a landscape buffer, fence or other items on its
<br /> remaining property, or takes other measures with respect to its remaining property to minimize
<br /> the impact of the 66th Avenue Expansion Project, Vista properties shall absorb and pay all
<br /> expenses of such reconstruction or other measures. County shall have no liability for such
<br /> damages or expenses.
<br /> 4. Easement over Existing Outfall Structure and Related Facilities. Vista
<br /> Properties will transfer to County at closing an easement over the existing outfall structure and
<br /> related facilities, including pipes, which convey water from the Vista Plantation lake system to
<br /> the canal on the south side of 26th Street. A copy of the easement is attached as Exhibit B
<br /> ("Additional Easement"). The Additional Easement shall be subject to the same title
<br /> requirements and procedures as set forth in paragraph 2 above with respect to the Property.
<br /> 5. Clarification of Easement Deed. The Easement Deed describes a twenty (20)
<br /> foot wide easement which runs, in part, through the portion of the Vista Plantation lake system
<br /> which is owned by Vista Properties. The parties have always understood that stormwater
<br /> flowing into the easement will flow equally throughout the entire portion of the lake system
<br /> owned by Vista Properties. To the extent necessary, the parties hereby confirm that the
<br /> Easement Deed was intended to and did convey to County all rights necessary for County' s
<br /> stormwater from 66th Avenue to flow throughout all portions of the lake system owned by Vista.
<br /> Properties. Vista Properties hereby consents to such use of all portions of the lake system owned
<br /> by Vista Properties for all purposes related to the 6e Avenue Expansion Project, including,
<br /> without limitation, the permitting of the 66th Avenue Expansion Project by St. Johns River Water
<br /> Management District, and any other governmental agency.
<br /> 6. Releases. Effective upon closing of the transfer of the Property and the
<br /> Additional Easement to County as set forth in paragraphs 2 and 4 above, (a) County releases,
<br /> satisfies, discharges and acquits Vista Properties, and its officers, directors and employees, from
<br /> any and all claims, causes of action, damages, expenses or liabilities of any kind whatsoever,
<br /> arising out of or relating to the shortcomings of the Easement Deed and the Warranty Deed,
<br /> which required County to purchase additional easement and ownership rights from the
<br /> Association, as set forth in the second and third "Whereas" clauses above, and (b) Vista
<br /> Properties releases, satisfies, discharges and acquits County, and its commissioners, officers and
<br /> employees, from any and all claims, causes of action, damages, expenses or liabilities of any
<br /> kind whatsoever, arising out of or relating to the transfer of the Property and the Additional
<br /> p
<br /> AUWNWMr _ ,,,,pWSq, = Page 2 of 5
<br />
|