|
0
<br /> c:2_. oc- s;
<br /> ASSIGNMENT, SETTLEMENT AND COVENANT AGREEMENT
<br /> THIS ASSIGNMENT, SETTIYMENT AND COVENANT AGREEMENT
<br /> ("Agreement") is made as of the �— day of 2 <�P 2008, by and between THE
<br /> GOVERNING BOARD OF THE ST. JOHNS klVnR WATER MANAGEMENT DISTRICT, a
<br /> public body existing under Chapter 373 , Florida Statutes, whose mailing address is P. O . Box
<br /> 1429, Palatka, Florida '32178- 1429 (the "District"), and INDIAN RIVER COUNTY, a political
<br /> subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach,
<br /> Florida 32960 ("County") .
<br /> WITNESSETH :
<br /> WHEREAS, the District and the County are presently parties to an appeal before the
<br /> State of Florida Land and Water Adjudicatory Commission (FLWAC), Case No . WMD-07-017,
<br /> involving an exchange with the Corrigan family ("Corrigan") of District-owned property located
<br /> in Indian River County, and commonly known as the "Sand Lakes" tract, as indicated in attached
<br /> Exhibit A ("the Sand Lakes Tract"); and
<br /> WHEREAS, the County has opposed the exchange of the Sand Lakes Tract, and
<br /> WHEREAS, in order to address the County' s objections, the District has entered into an
<br /> "Agreement for Exchange and Sale of Real Property and Settlement Agreement" with Corrigan,
<br /> attached as Exhibit B ("Corrigan Agreement"), which removes all of the Sand Lakes Tract from
<br /> the land exchange, with the exception of the 9. 1 -acre Parcel, and provides for assignment of the
<br /> District' s right to purchase certain lands and legal interests to the County, and
<br /> WHEREAS, upon closing under the Corrigan Agreement, the Sand Lakes Tract will be
<br /> comprised of approximately 1256 acres (hereafter "the Property"), as described in attached
<br /> Exhibit C , and
<br /> WHEREAS, the parties wish to resolve their dispute as to the Sand Lakes Tract and
<br /> provide for cooperative, joint management of the Property.
<br /> NOW, THEREFORE, in consideration of the aforesaid premises, which are hereby
<br /> made a part of this Agreement, and other good and valuable consideration, the receipt of which is
<br /> hereby acknowledged, the parties hereby agree as follows :
<br /> 1 . The District hereby assigns to the County the right to purchase Parcel 1 under the
<br /> Corrigan Agreement (460-acres) from Corrigan, which shall include an assignment of
<br /> Corrigan' s "non-exclusive perpetual drainage and flowage easement," which was
<br /> reserved by Corrigan in that certain Special Warranty Deed recorded on July 17, 2003 in
<br /> Official Records Book 1615, Page 2157, in Indian River County, Florida ("Corrigan
<br /> Easement'), reserving unto Corrigan the rights to continue the indicated uses. The County
<br /> assumes no obligations under the Corrigan Agreement other than payment of the sum
<br /> provided for in paragraph 2, below. This exclusion includes, but is not limited to, the
<br /> 1
<br />
|