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<br />ASSIGNMENT,
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<br />ASSIGNMENT, SETTLEMENT AND COVENANT AGREEMENT
<br />THIS ASSIGNMENT, SETTIYMENT AND COVENANT AGREEMENT
<br />("Agreement") is made as of the �— day of ,0 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 />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
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