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r 800K 1, 0 PAGE 0 I thought it inappropriate for me to accept any deed with conditions without County Commission approval. I have asked Mr. Genoni to appear at today's meeting and reach whatever understandings are necessary with respect to the quality of the deed which will be acceptable to the County. Deputy County Attorney Will Collins noted that the Warranty Deed submitted by Bermuda Club Associates, Ltd. contained 3 conditions as follows: All of the above-described Property sball revert to the owner or owners of the property to the east of and contiguous with the above-described Property in the event that ate+ of the following restrictions on the use of the above-described Property are violated Such reversion shall only occur upon a recording of a document by an owner of the reversionary right in the Public Records of Indian River County stating that a violation has occurred and affirming this right of reverter: 1. The above-described Property shall be used solely for pedestrian and vehicular ingress and egress to or from the public road immediately north and contiguous with the Property described above and to and from the property immediately south and contiguous to the above-described Property. No structures shall be constructed or placed on the above4escarbed Properly other than surfaces for pedestrian or vehicular travel which are constructed solely at ground level or at or below ground level for preventing erosion of the Property by the waters of the Indian River. 2 No parking of any vehicles shall be permitted on the above-described Properly. 3. No launching of vessels shall be allowed from the above-described Property. Commissioner Stanbridge emphasized that no conditions had been included on the original swap and this is just a trade of lands. She saw no reason to accept any reverter or other clauses and the County should have the option to do anything it wants with the property. It was her understanding that the approval of the Bermuda Club conceptual PD plan was predicated on this swap. John Genoni, 3410 Harbor City Boulevard, Melbourne, noted that the Bermuda Club had raised the issue due to concerns over existing parking sites. They had gotten the message that enhancement and preservation of Jungle Trail is very important and one of the conditions of their PD was that use of that property on the west side of Jungle Trail was restricted to foot traffic only. They just want to be sure that the County will also cooperate in this endeavor. Trail. Commissioner Stanbridge assured Mr. Genoni that the County will take care ofJungle Mr. Genoni repeated that he just wanted some assurance that the County will not put improvements out there. They have been required to do a great deal of work out there, with the planting alone costing in excess of $120,000. AUGUST 3, 1999 -56- 0 0 _I