2005-119 - Laserfiche WebLink

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WHEREAS, after advertising the terms and conditions of the exchange once a week for two weeks, in accordance with the requirements of Section 125.37, Florida Statutes, the Board of County Commissioners of Indian River County,Florida met in regular session on August 2, 2005 and adopted a resolution authorizing the appropriate County officers and officials to execute this Agreement and all documents necessary to effect the exchange of the subject properties in accordance with the terms of this Agreement; and WHEREAS, the parties desire to enter into this Agreement to set forth the terms and conditions of said exchange of the subject properties. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the County and Windsor agree as follows: 1. Recitals. The foregoing recitals are affirmed as being true and correct and are hereby incorporated by reference. 2. Lands to be Exchanged. The properties that are the subject of this Agreement are legally described and depicted in Exhibit `B" and Exhibit "C" attached hereto. 3. Windsor Obligations. Windsor agrees to: a. Provide Boundary surveys for both parcels that are a part of this Agreement. b. Design, Permit, and Construct a new Golden Sands Park for Indian River County with facilities and improvements comparable to or better than the Park Facilities as they existed on September 1, 2004. Design and Construction will be performed by qualified consultants and contractors to be selected by Windsor and approved by County, which approval shall not be unreasonably withheld. The Parties intend that this shall be a turnkey, design-and-build project delivered to the County. Entry to the new Park will remain at the same location as the existing entry. c. Make an unrestricted cash.donation to Indian River County of One-Million Dollars ($1,000,000.00). These monies shall be placed in an escrow account at Smith, O'Haire, Quinn and Candler, P.A. within fifteen(15) days of the execution of this Agreement for release on final recording of Exchange Deeds. Windsor shall retain the right to any interest earned prior to recording the Exchange Deeds.