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After Recording Return To: Kevin M. Barry, Esquire Rossway Swan Tierney Barry & Oliver, P.L. 2101 Indian River Boulevard, Suite 200 Vero Beach, Florida 32960- (772) 231-4440 2960•(772)231-4440 A TRUE COPY TIFICATION ON LAST PAGE I_. BUTLER, CLERK Culverted Road Crossing Maintenance Agreement This Culverted Road Crossing Maintenance Agreement ("Agreement") is made and entered into as of the 4th day of November , 2025, by and between Vero West Business Park Property Owners Association, Inc., a Florida not-for-profit corporation ("Vero West'), and Indian River County, a Florida governmental entity ("County"). 1. A culverted road crossing located within a county ditch exists between the boundaries of Vero West Business Park. The legal description and sketch of the location is attached and incorporated herein as Exhibit "A." 2. Maintenance Responsibilities: Vero West shall be solely responsible for the maintenance and repair of the culverted road crossing, including the culvert, overburden, and the road on top of the crossing. The County shall have no obligations or responsibilities regarding these components. Vero West shall have no responsibility for any care, maintenance, or any other responsibility arising from the existence of the Indian River County owned canal identified as adjacent to 18th Street and continuing beyond the boundaries of the Vero West property and identified on the Plat for this project. The County reserves the right to remove any obstructions of the canal that may result from the failure of the culverted road crossing. In the event the culvert or road crossing deteriorates, fails, or otherwise obstructs the County canal and Vero West fails to correct the obstruction within a reasonable time, the County reserves the right to remove any materials or obstructions from the canal and charge Vero West no more than the current reasonable market rate for such removal. 3. Compliance with Laws: Vero West agrees to comply with all applicable federal, state, and local laws, regulations, and ordinances in the performance of its obligations under this Agreement. 4. Amendments: This Agreement may be amended only by a written instrument executed by both Vero West and the County. Any change to the culverted road crossing will require pre -approval by the County and any repairs will be conducted after the appropriate permits are obtained from the County and any bonding requirements if otherwise required by law are satisfied by Vero West. 5. Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any litigation arising out of or related to this Agreement shall be brought in the courts of Indian River County, Florida. 6. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. 7. Assi nment: Neither party may assign its rights or obligations under this Agreement without the prior written consent ofthe other party.