1/4/2021 10:52:33 AM
8/17/2018 1:23:54 PM
Official Document Type
Agenda Item Number
Florida Institute of Technology
Marine Laboratory Property Agreement
Tracking Station Park
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This Instrument Prepared By <br />And To Be Returned To: <br />R. Mason Blake, Esquire <br />DEAN MEAD <br />7380 Murrell Road, Suite 200 <br />Melbourne, Florida 32940 <br />(321) 259-8900 <br />AGREEMENT TO CLARIFY ACCESS AND OTHER RIGHTS UNDER 1980 AGREEMENT <br />THIS AGREEMENT TO CLARIFY ACCESS AND OTHER RIGHTS UNDER 1980 <br />AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into the 1 4th <br />day August, 2018 by and between INDIAN RIVER COUNTY, a political subdivision of the <br />State of Florida (hereinafter referred to as "County"), and FLORIDA INSTITUTE OF <br />TECHNOLOGY, INC., a Florida corporation not for profit (hereinafter referred to as "Florida <br />Tech"). <br />WITNESSETH: <br />WHEREAS, County is the owner of that certain real property located in Indian River <br />County, Florida, as more particularly described in Exhibit "A", attached hereto and incorporated <br />herein by reference (hereinafter referred to as the "County Parcel"); <br />WHEREAS, Florida Tech is the owner of that certain tract of real property adjacent to the <br />County Parcel and located in Indian River County, Florida, as more particularly described in <br />Exhibit `B", attached hereto and incorporated herein by reference (hereinafter referred to as the <br />"Florida Tech Parcel "); <br />WHEREAS, County and Florida Tech entered into that certain Agreement dated June 25, <br />1980 (hereinafter referred to as the "1980 Agreement") under the terms of which County agreed <br />to provide Florida Tech access at all times to the Florida Tech Parcel over a portion of the <br />County Parcel and Florida Tech agreed to grant the general public access over a portion of the <br />Florida Tech Parcel; <br />WHEREAS, County and Florida Tech desire to enter into this Agreement for the <br />purpose, among other things, of clarifying the access rights granted to Florida Tech under the <br />1980 Agreement by providing for the extension of the right-of-way of 46th Place over portions of <br />the Florida Tech Property and the County Property (which in addition to providing access to the <br />Florida Tech Property will provide improved access to the County Property), and clarifying the <br />easement rights created in favor of the public under the 1980 Agreement; <br />WHEREAS, County and Florida Tech desire to terminate the 1980 Agreement because <br />the easement provisions thereunder will be superseded by the provisions of this instrument. <br />02073544.v2 <br />
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