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2008-108
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2008-108
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Last modified
2/13/2017 4:18:48 PM
Creation date
10/1/2015 12:04:33 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/08/2008
Control Number
2008-108
Agenda Item Number
10.A.3
Entity Name
St. Johns River Water Management District
SJRWMD
Subject
Assignment,Settlement, and Covenant Appeal Corrigan family
Sand Lakes tract
Area
Sand Lakes Tract
Project Number
Case # WMD-07-017
Supplemental fields
SmeadsoftID
6956
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obligation under paragraph 12(b)(4) of the Corrigan Agreement to provide a letter to <br /> Corrigan memorializing the District' s intent to acquire Parcel 1 by filing eminent domain <br /> proceedings. The foregoing obligation remains exclusively with the District. <br /> 2 . The County shall pay at closing to Corrigan the sum of Three Million, Two Hundred and <br /> Four Thousand, Six Hundred and Seventy and No/ 100 ($3 ,204,670) Dollars. This sum <br /> shall be the entire cost to the County and shall be inclusive of any costs incurred under <br /> the Corrigan Agreement associated with title examination, survey, environmental site <br /> assessment, documentary stamps, and any other matters. The District shall be responsible <br /> at closing for all costs in excess of the above-stated cost to the County. Any survey, title <br /> examination, appraisal or other costs, apart from the costs provided for in the Corrigan <br /> Agreement, that the County elects to incur related to the implementation of the land <br /> transactions provided for herein shall be the responsibility of the County; provided, <br /> however, that the District shall provide the County with an updated survey of the Property <br /> after the closing . <br /> 3 . Immediately upon closing with Corrigan, the District and the County shall implement a <br /> real property exchange ("the District-County Exchange") as follows : <br /> (a) The County shall convey Parcel 1 under the Corrigan Agreement (460 acres) to the <br /> District via County Deed, reserving a conservation easement. The instrument to be <br /> executed by the County is attached as Exhibit D. <br /> (b) The County shall assign all of its rights under the Corrigan Easement to the District. <br /> (c) The District shall convey to the County an undivided 23 .29 percent interest in the <br /> Property, as provided in attached Exhibit E. <br /> (d) It is expressly understood and agreed that neither party may dispose of their <br /> respective interests in the Property, in whole or in part, or otherwise encumber the <br /> Property, without the express written consent of the other party, except as provided in <br /> paragraph 5 , below. Consent by the County shall be based upon formal action of the <br /> Indian River County Board of County Commissioners. Consent by the District shall be <br /> based upon formal action of the District ' s Governing Board. The parties shall record a <br /> deed restriction requiring mutual consent in order to alienate the Property or otherwise <br /> encumber their interest therein, as provided in attached Exhibit F. <br /> (e) The District shall provide the County with an "Owner' s Affidavit of Title" as to the <br /> Property, as provided in attached Exhibit G . <br /> (f) It is expressly understood and agreed that neither party may annex or consent to <br /> annexation of the Property into a municipality without the express written consent of the <br /> other party. In addition, the District shall not annex or consent to the annexation of <br /> Parcel 1 under the Corrigan Agreement into a municipality without the County' s consent. <br /> (g) After the conveyance of Parcel 1 to the District, the District shall make application to <br /> the County for a conservation land use classification for Parcel 1 . In addition, the parties <br /> expressly acknowledge and agree that the development rights on Parcel 1 are <br /> extinguished. <br /> 2 <br />
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