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HomeMy WebLinkAbout2014-046PREPARED BY AND RETURN TO: William Abrams, Esq. St. Johns River Water Management District 4049 Reid Street / Highway 100 West Palatka, FL 32177 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Ao /it6YL tiFIV 8. Jte Psalm' Lacy • 032 This document constitutes a conveyance from a state agency or instrumentality to an agency of the state and is not subject to documentary stamp tax pursuant to 12B-4.014(10), F.A.C. PERPETUAL CONSERVATION EASEMENT THIS INDENTURE, made and entered into this day of Ap r i 1 , 2014, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 (hereinafter referred to as the "Grantor') and the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373 of the Florida Statutes, whose address is Post Office Box 1429, Palatka, Florida 32178-1429 (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner in fee simple of certain real property lying and being situated in Indian River County, Florida, more specifically described in Exhibit "A," attached hereto and incorporated herein by reference (hereinafter referred to as the Property"); and, WHEREAS, the Property was donated to Grantor by Grantee pursuant to the Grantee's 2012 Lands Assessment Implementation Plan adopted by Grantee's Governing Board in December 2012; and WHEREAS, the Grantor and the Grantee mutually recognize the natural, scenic and special character of the Property and have the common purpose of conserving the natural value and character of the Property by conveyance to the Grantee of a Perpetual Conservation Easement (hereinafter referred to as the "Easement' ) on, over and across the Property, which shall conserve the ecological and hydrological integrity of the Property, conserve and protect the animal and plant populations on the Property, and prohibit certain further development activity on the Property. NOW, THEREFORE, the Grantor, in consideration of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration in hand paid by the Grantee to the Grantor, the receipt and sufficiency of which is hereby acknowledged, hereby voluntarily grants and conveys to the Grantee and its successors and assigns forever this Easement pursuant to Section 704.06, Florida Statutes, on, over, upon, and across the Property of the nature, character, and extent hereinafter set forth. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK I. PURPOSE OF THE EASEMENT. The purpose of this Easement is to foster, preserve and protect, in perpetuity the ecological, biological and hydrological integrity of the Property, including the Property's natural features, water resource benefits cultural attributes, wildlife and plant life features, and recreational values, and to prevent any development or other use of the Property that interferes with the accomplishment of these purposes. II. PROHIBITIONS AND RESTRICTIONS ON USE. Any activity on or use of the Property inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited; provided, however, that uses expressly authorized under a Management Plan approved by the Grantee, as described m Section VII below (` Management Plan"), are not prohibited: 1. Uses. Except as may be expressly allowed under Section III herein, no commercial, residential, agricultural or industrial activity shall be undertaken or allowed on the Property, nor shall any right of passage across or upon the Property be allowed or granted if that right of passage is used in conjunction with said activities. 2. Roads. Except as may be expressly allowed under Section III herein, no additional roads nor paving of existing roads is allowed. 3. Waters. No topographical or hydrological modifications or activities detrimental to water quality or quantity shall be allowed, except that Grantor may maintain existing culverts and ditches on the Property, as identified in the Easement Documentation Report described in Section VI below ("Easement Documentation Report"). Grantor may, subject to applicable permitting processes install wells for the activities allowed under this Easement. However, there shall be no commercial water wells on the Property. 4. Drainage and Wildlife. There shall be no activities detrimental to drainage, flood control, water conservation erosion control, soil conservation, or fish and wildlife habitat preservation. 5. Improved Pasture and Sod. There shall be no areas of improved pasture on the Property. There shall be no production or harvesting of sod on the Property. 6. Construction and Fences. Except as may be expressly allowed under this Easement, there shall not be any construction of or the placing of buildings, mobile homes, utilities, infrastructure, roads or other structures on, under or above the ground. The type of construction and placement of fences shall be set forth in the Management Plan. 7. Dumping. There shall be no dumping or placing of trash, solid or liquid waste (including sludge material and biowaste), or hazardous materials, wastes or substances, toxic waste or substances pollutants or contaminants or unsightly or offensive materials, including but not limited to those as defined by the Federal Solid Waste Disposal Act ("SWDA"), the Federal Clean Air Act ("CAA"), the Federal Clean Water Act ("CWA"), the Federal Resource Conservation and Recovery Act of 1976 (` RCRA"), the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Federal Superfund Amendments and Reauthorization Act of 1986 ("SARA' ), the Federal Emergency Planning and Community Right -To -Know Act ("EPCRA"), the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), the Toxic Substances Control Act (` TSCA"), Chapters 161, 253, 373, 376 and 403, Florida Statutes, and the rules and regulations of the (i) United States Environmental Protection Agency, (ii) the Florida Department of Environmental Protection and (iii) the St. Johns River Water Management District, now or at any time hereafter in effect, or any Florida Statute defining hazardous materials, wastes or substances, toxic wastes or substances, pollutants or contaminants (hereinafter collectively referred to as "Contaminants") on the Property. This prohibition shall not be construed to include customary lawful accumulation of agricultural waste generated as a result of allowed activities under Section lII nor prohibit the use and lawful application of chemicals, pesticides, herbicides or fertilizers, dirt, soil, rock shell and other materials in accordance with the activities allowed under this Easement. 8. Concentrated Animal Feeding Operations. There shall be no concentrated animal feeding areas for bovine, swine, poultry or other animals on the Property 9. Invasive Exotic Species. Grantor shall not plant, nor take any action to intentionally encourage the spread of,,Invasive Exotic Species on the Property, and shall use best efforts to control the spread of any Invasive Exotic Species on the Property. Invasive Exotic Species shall mean those invasive exotic plants described in Category I or Category II of the Florida Exotic Pest Plant Council's (or its successor's) list of Invasive Species, as it is periodically updated 10. Pesticides, Herbicides and Fertilizer. Pesticides, herbicides, and fertilizer must be applied in accordance with manufacturer's label instructions, and such use shall be included in the Management Plan described in Section VII below. All such applications shall further be subject to any applicable permitting process, and shall be in accordance with Best Management Practices ("BMPs '), described in Section V below. 11. Mining, Excavation. Filling and Dredging. Except as otherwise allowed under Section III of this Easement, there shall be no mining, drilling, excavation filling or dredging on the Property. Under no circumstance shall there be any exploration for or extraction of oil or gas (including all petroleum or A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK hydrocarbons), sand loam, peat, gravel, phosphate, rock, soil, or other surface or subsurface material for commercial purposes. Grantor is not precluded from selling soil that is removed from the Property in the accomplishment of an authorized restoration or enhancement activity provided for under Section III herein, provided said sale is a component of the approved activity and the proceeds of said sale are dedicated to the management or restoration of the Property. 12. Commercial Signs or Billboards. Except for signs identifying the Property or the allowed activities thereon, or regulatory signs such as "No Hunting" and "No Trespassing", there shall be no commercial signs or billboards, temporary or permanent, constructed, placed or maintained upon the Property. 13. Conversion of Suecial Protection Areas. Areas identified in the Easement Documentation Report as Special Protection Areas shall not be converted to other land uses or more improved uses. 14. Historical, Archaeological and Cultural Resources. There shall be no acts or uses of the Property inconsistent with the "Management Procedures for Archaeological and Historical Sites and Properties on State -Owned or Controlled Properties, 2013", as may be revised from time to time As of the date of this Easement, no sites are listed in the Florida Division of Historical Resources Master Site File for the Property. 15. Sale and Subdivision. There shall be no direct or indirect subdivision of the Property. Also, Grantor shall not transfer or convey title to the Property without the prior written consent of Grantee. 16. Mosquito Impoundment. The Mosquito Impoundment identified in the Easement Documentation Report shall be managed by the Indian River Mosquito Control District substantially in accordance with the terms of the 2004 Cooperative Agreement for Impoundment Restoration Projects in Indian River County between the Grantee and the Indian River Mosquito Control District (Agreement attached hereto as Exhibit ` C"). Because Grantee is no longer the fee owner of the Property, Grantor agrees to enter into a similar agreement with the Indian River Mosquito Control District to provide for management of the impoundment. III. RIGHTS RESERVED TO GRANTOR. Grantor reserves unto itself, its successors and assigns, all rights accruing from its ownership of the Property that are not inconsistent with the purposes of this Easement. Grantor's reserved rights include the right to engage in or permit or invite others to engage in all uses of the Property that: (a) are not expressly prohibited herein; (b) are expressly provided for in the Management Plan and (c) follow Best Management Practices, as described in Section V.16 herein ("BMPs '), and (d) include the following reserved rights: A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 1. Fee Simple Title. Grantor has, and shall be deemed hereby to have retained, the underlying fee simple title absolute in the Property. Further Grantor retains and reserves all rights of, in, and to the Property not expressly prohibited to Grantor in this Easement or expressly conveyed to Grantee in this Easement. 2. Sale or Lease of Property. Grantor shall have the right to sell or lease the Property provided that prior written consent is received from Grantee. Grantor shall provide to Grantee within 10 days of any sale or conveyance of any interest in the Property a copy of the fully executed and recorded instrument of conveyance. 3. Roads, Trails and Firebreaks. Grantor may maintain the existing trails on the Property, as identified in the Easement Documentation Report. Grantor may construct new trails and unpaved roads to access structures and facilities set forth in the Management Plan. When siting such new trails or roads, Grantor agrees to use a practicable direct route that does not otherwise violate the terms of this Easement. Road construction may include ancillary ditches, culverts and crossings, provided there is no detrimental alteration of hydrology. Typical construction and maintenance activities may include disking, plowing, grading, excavating and the application of clay, gravel, shell or other like material. Grantor may maintain existing fire lines and breaks, as well as plow new fire lines and breaks as reasonably required for fire prevention and/or control. All such construction and maintenance shall be subject to any applicable permitting process, shall be included within the Management Plan, and shall be in accordance with the applicable Best Management Practices ("BMP's' as described in Section V.16 herein). Unless included in the approved Management Plan or identified in the Easement Documentation Report, there shall be no paving with impervious surfaces. 4. Structures and Surfaces. a. Structures. Facilities and Wells. Grantor reserves the right to repair and replace in its existing footprint the bridge located on the Property and identified in the Easement Documentation Report. Grantor is allowed to construct the structures and facilities provided for in the Management Plan. Grantor may, subject to applicable permitting processes, install wells for the structures and activities allowed under this Easement. b. Impervious Surfaces. The structures and facilities identified in the Management Plan are the only areas of impervious surface that may exist on the Property. 5. Silviculture a. Grantor shall have the right to conduct silviculture operations and timber harvest on the Property only m the upland areas, provided BMPs are followed, plantings are in native or indigenous vegetation that is appropriate for A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK the habitat, bedding is excluded, and operations and harvest plans are described in the Management Plan. b. Salvage Harvesting. Salvage harvesting following natural disasters, including but not limited to insect infestations, floods, drought, storms, plant disease, or wildfires, shall be allowed in all areas of the Property in accordance with applicable BMPs Following such disaster, all site preparation and re- establishment activities will be conducted according to BMPs. However, Grantor is not required to re-establish areas following natural disasters. 6. Agricultural Operations. Grantor shall have the right to continue the apiary operations in place on the Property at the time of closing as shown in the Easement Documentation Report. 7. Resource-based Recreation and Non-native or Nuisance Animals. Grantor reserves the right for itself and the public to use the Property for resource- based recreational activities, including, but not limited to, fishing, horseback riding, swimming, camping, hiking, bicycling boating, and birding, to the extent possible considering the environmental sensitivity of the Property, and (i) said activities are in compliance with section 373.1391, Florida Statutes, (ii) said activities are included in the Management Plan, and (hi) said activities do not interfere with the accomplishment of the purposes of this Easement. Grantor reserves the right to control nuisance or non-native animals All of the foregoing activities shall be conducted in compliance with applicable federal, state and local laws. 8. Access. Grantor retains the right to control and limit all access to the Property subject to the Grantee's right of access as herein granted. 9. Restoration and Enhancement. Grantor shall retain the right to engage in activities on the Property designed to enhance or restore the natural communities on the Property provided Grantee is notified in writing prior to the commencement of such activities, and provided such activities are properly permitted by the appropriate authority and are described in the Management Plan. 10. Ouiet Use and Enlovment. Grantor retains all rights and use of the Property not otherwise prohibited by the express terms of this Easement, including all rights of possession and quiet use and enjoyment. IV. GRANTEE'S AFFIRMATIVE RIGHTS. Subject to the rights and interests of Grantor herein reserved, Grantor gives, grants and conveys the following affirmative rights to Grantee: 1. Grantee shall have visual and physical access to the Property for the purposes of: A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK a. inspection, monitoring, and enforcement of the terms and conditions of this Easement, including, but not limited to, the prohibitions and restrictions on use set forth in Section II, supra.; and b. scientific investigation and to monitor water resources on the Property, including the right to install wells and monitoring equipment. Grantee shall furnish Grantor with reasonable advance notice of any physical access to or inspection of the Property. 2. As provided in Section V below, Grantee shall have the right to enforce, by proceedings at law or in equity, compliance with this Easement, including, but not limited to, the right to require restoration by Grantor of the Property to the pre -violation condition. 3. Grantor acknowledges and agrees that all development rights that are now or hereafter allocated to implied, reserved or inherent in the Property except as may be specifically reserved to the Grantor in this Easement, are hereby irrevocably transferred to the Grantee. Neither the Property nor any portion thereof may be included as part of the gross area of other property not subject to this Easement for the purposes of determining density lot coverage, or open space requirements, under otherwise applicable laws, regulations or ordinances controlling land use and building density. No development rights that have been transferred by this Easement shall be transferred to any other land pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. Nor shall any development rights or density credits be transferred onto the Property from other property. V. GENERAL PROVISIONS. 1. Grantee's Remedies. In the event that Grantee becomes aware of a violation of the terms of this Easement, Grantee shall give notice to Grantor in accordance with the notice provisions of this Section. Failure by Grantor to cause discontinuance, abatement, or such other corrective action as is required to cure the violation within thirty (30) days after receipt of such notice shall entitle Grantee to bring an action at law or in equity before a court of competent jurisdiction to: (1) enforce the terms of this Easement; (ii) require the restoration of the Property to the condition that existed prior to such activity; (iii) recover liquidated damages in lieu of restoration of harvested sod or timber and in the event Grantor harvests or causes to be harvested sod or timber in violation of this Easement, Grantor stipulates to liquidated damages for such violation in an amount equal to four hundred percent (400%) of the then fair market value of the harvested sod or timber; provided however, nothing herein shall be construed to alter or waive Grantee s right to seek restoration of any portions of the Property altered in violation of this Easement; (iv) enjoin such noncompliance by a temporary or permanent injunction in a court of competent jurisdiction, (v) seek a mandatory injunction in a court of competent jurisdiction to compel Grantor to take such A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK • corrective action as required to remedy the violation; (vi) recover any damages arising from noncompliance with this Easement; and/or (vii) invoke its fee reverter rights as provided for in the deed of conveyance from Grantee to Grantor, recorded immediately preceding this Easement in the Official Records of Indian River County, Florida, whereby Grantee has the option of requiring Grantor to return to Grantee all right, title and interest in the Property if the terms of the Easement are violated by Grantor. Damages arising from noncompliance with this Easement, when recovered, may be applied by Grantee, in its sole discretion, to corrective action on the Property a. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period for cure to expire; provided, however, that Grantee shall provide notice to Grantor of the violation and Grantee's actions to prevent or mitigate said damage at the earliest feasible time. b. Grantee does not waive or forfeit the right to take such action as may be necessary to ensure compliance with this Easement by any pnor failure to act and Grantor hereby waives any defenses of laches with respect to any delay by Grantee in acting to enforce any restriction or exercise any rights under this Easement. c. Nothing herein shall be construed to entitle Grantee to institute any enforcement proceedings against Grantor for any changes to the Property or plant or animal life thereon due to causes beyond Grantor s control such as, without limitation, changes caused by fire, flood, storm, earthquake, major plant or animal disease, acts of God, or the unauthorized wrongful acts of third persons. In the event of violations of this Easement caused by wrongful acts of unauthorized persons, if Grantee requests, Grantor agrees to assign such right of action to Grantee, to join in any suit and/or to appoint Grantee as attorney-in-fact of Grantor for the purposes of pursuing an action against such third person. 2. Recordation. Grantee shall record this Easement in the Official Records of Indian River County, Florida, and provide the Grantor with a copy of the Easement with recording information affixed thereto within thirty (30) days of the date hereof. Grantee may re-record this Easement at any time Grantee may so require to preserve its rights. Grantee shall pay all recording costs necessary to record this Easement in the public records. 3. Taxes and. Assessments. Grantor agrees to pay when due any real estate taxes or other assessments levied on the Property. Upon request of Grantee Grantor shall furnish to Grantee timely proof of such payment. In the event that Grantor fails to pay any tax or assessment on the Property when due, Grantee subject to the notice and cure provision of this Easement and in Grantee's absolute discretion, may pay such tax or assessment. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 4. Transfers by Grantor. Grantor agrees that Grantee's written approval is necessary prior to the transfer of any fee simple interest in the Property. Grantor agrees to notify Grantee of the names and addresses of any party to whom any interest in the Property is to be transferred at least sixty (60) days prior to the date of such transfer, and to incorporate by specific reference to this Easement's Public Records recording information the terms of this Easement in any deed or other legal instrument by which Grantor transfers any interest in the Property, including, without limitation, a leasehold or other possessory interest. The failure of Grantor to perform any act required by this subsection shall not impair the validity of this Easement or limit its enforceability in any way. 5. Modification. The terms and conditions of this Easement may be modified only by mutual agreement, in wasting, between the Grantor and the Grantee, or their respective successors or assigns. 6. Attorneys' Fees and Costs. In any dispute between Grantor and Grantee arising out of this Easement which results in the filing of a lawsuit, each party in such action shall bear its own attorney fees and costs (including fees and costs of appeal) incurred by such party in regard to this dispute. 7. Successors and Assigns. The terms "Grantor" and "Grantee" as used herein shall include, without limitation, the successors and assigns of Grantor and Grantee The covenants, terms, conditions and restrictions of this Easement shall be binding upon and inure to the benefit of such Grantor and Grantee and shall continue as a servitude running in perpetuity with the Property. 8. Notices. Any notice, demand, consent, or communication that either party is required to give to the other hereunder shall be in writing and either served personally by hand -delivery, next -day courier delivery, or by registered or certified mail, postage prepaid, addressed as follows: To the Grantor: To the Grantee: Indian River County Community Development Director 1801 27th Street Vero Beach, Florida 32960 St. Johns River Water Management District Bureau Chief, Bureau of Real Estate Services 4049 Reid Street Palatka, Florida 32177 Telephone: (386) 329-4335 Far (386) 329-4125 or to such other address as any of the above parties shall from time to time designate by written notice, delivered pursuant to the terms of this paragraph. All A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK such notices delivered hereunder shall be effective upon delivery or within five (5) days from the date of mailing if sent by registered or certified mail. 9. Good Faith. Covenant. Each party hereto agrees that it shall act in good faith and deal fairly with the other party in performing its obligations and enforcing its rights as set forth in this Easement. Each party affirmatively commits to fulfill its obligations under this Easement honestly and with diligence and integrity. Each party further agrees to avoid impairing the other's performance, and each shall cooperate with the other party to fulfill it obligations timely and efficiently 10. Mediation. From time to time, the terms and conditions of this Easement will require Grantor and Grantee to reach agreement on certain plans and courses of action described and contemplated herein. Grantor and Grantee agree to attempt to reach agreement on such plans and courses of action in good faith. In the event that, after a reasonable effort, Grantor and Grantee fail to reach agreement on a plan or course of action required to be undertaken pursuant to this Easement, then m that event, Grantor and Grantee may submit such issue to mediation. Mediation shall be held at a time and place mutually agreeable to Grantor and Grantee provided, however, in no event shall the mediation be scheduled later than thirty (30) days after notice provided by one party to the other requesting mediation on the issue in dispute. The mediation shall be held before a mediator who is mutually acceptable to both Grantor and Grantee and having expertise in the subject matter in dispute. This mediation provision is intended to apply to good faith disputes regarding mutual decisions to be reached by Grantor and Grantee under the terms and conditions of this Easement. In no event shall this mediation provision supplant or impede election of the remedies set forth in Paragraph V.1. herein. 11. Construction of Document. As used herein "shall" is always mandatory. This Easement was jointly prepared by the parties upon the review and advice of their respective legal counsel. It is the intent of the parties that, in construing the intent of the parties hereto, there shall be no presumption in favor of either party by virtue of which party is primarily responsible for drafting this Easement 12. Sovereign Immunity and Regulatory Authority. Nothing in this Easement shall be construed to constitute a waiver of the Grantor or Grantee's sovereign immunity over and above the waiver of sovereign immunity set forth in section 768.28, Florida Statutes, or waiver of any other statutory or common law immunity, including the recreational use immunity of the Grantee set forth in section 373.1395, Florida Statutes. Nothing herein shall be construed to restrict or abrogate the lawful regulatory jurisdiction or authority of Grantor or Grantee, or relieve Grantor from the responsibility of obtaining all necessary permits or other regulatory authorizations from Grantee or other governmental agencies asserting jurisdiction over Grantor's activities. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 13. Condemnation. If the Property, or any portion thereof, is condemned under the power of eminent domain, or determined necessary for public utility purposes, Grantee and Grantor shall be entitled to compensation in accordance with applicable law to the extent and in the proportion that the rights of each party are affected by any such act of condemnation. 14. Environmental Warranty and Indemnification. Grantor shall not take any action to cause the Property to fail to be in compliance with applicable Environmental Laws. Moreover Grantor hereby indemnifies and agrees to save, defend and hold harmless, to the extent allowed by law, Grantee from and against any and all liabihties, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions, costs and other liabilities (whether legal or equitable in nature including, without limitations, attorney's fees and costs) claimed or asserted by or on behalf of any person or governmental authority arising from or connected with the release or threatened release by Grantor of any Hazardous Materials on, at, beneath, or from the Property, or arising from or connected with a violation by Grantor (or Grantor's agents, employees, invitees or guests) of Environmental Laws. Provided, however, in the event that Grantee is named or joined as a party in a suit or proceeding alleging a violation of Environmental Laws (or a violation by Grantor's agents, employees, invitees or guests), Grantee shall give Grantor timely notice of such suit or proceeding. Upon receipt of such notice, Grantor shall tender a defense of Grantee in such action or proceeding. Grantee shall have the right to reasonably approve Grantor's selection of counsel for such defense. So long as Grantor tenders and maintains such defense on behalf of Grantee, the indemnity provisions of this Paragraph shall not extend to attorney's fees and costs incurred or paid by Grantee m defense of such suit or proceeding if such fees and costs are independent of the defense tendered by Grantor. The term "Environmental Law" shall mean all federal, state and local laws including statutes, regulations, ordinances, codes, rules and other governmental restrictions and requirements regulating or imposing standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right to know, hazard communication, noise, radioactive materials, resource protection, subdivision, inland wetlands and water courses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect including, but not limited to, as amended, the Federal Solid Waste Disposal Act ("SWDA") the Federal Clean Air Act (` CAA"), the Federal Clean Water Act ("CWA"), the Federal Resource Conservation and Recovery Act of 1976 ("RCRA"), the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Federal Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Federal Emergency Planning and Community Right -To -Know Act ("EPCRA' ), the Federal Insecticide, Fungicide and Rodenticide Act (`FIFRA"), the Toxic Substances Control Act ("TSCA"), Chapters 161, 253, 373, 376, and 403, Florida Statutes, and the rules and regulations of the (i) United States A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Environmental Protection Agency, (ii) the Florida Department of Environmental Protection, and (iii) the St. Johns River Water Management District, now or at any time hereafter in effect. The term "Hazardous Materials" shall mean any petroleum, petroleum products, fuel oil, waste oils, explosives reactive materials, ignitable materials, corrosive materials, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials, and any other element, compound mixture, solution, or substance which may pose a present or potential hazard to human health or the environment. The term "Hazardous Materials ' shall not include pesticides, herbicides, and fertilizer applied in accordance with (i) label instructions, (ii) any applicable permitting process, and (iii) any applicable BMPs 15. General Indemmfication To the extent allowed by law, Grantor shall indemnify and hold harmless the Grantee, its employees, agents and assigns for any and all liabilities, claims, demands, losses, damages, fines, fees penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs and reasonable attorney's fees and attorney's fees on appeal) to which Grantee may be subject or incur relating to the Property, which may arise from Grantor's or its agent's contractor's, or invitee's negligent acts or omissions or Grantor's breach of any representation, warranty, covenant, or agreements contained in this Easement, or violations by Grantor or its agents, contractors, or invitees of any federal, state or local laws, including all Environmental Laws. 16. Best Management Practices. As used in this Easement, the term "Best Management Practices" (`BMPs") shall be deemed to be those Best Management Practices that are or may be established for permissible uses of the Property by the Honda Department of Agriculture and Consumer Services ("DACS"), University of Florida Institute of Food and Agricultural Sciences ("IFAS"), Natural Resources Conservation Service ("NRCS"), the local soil and water conservation district, or m the absence of the foregoing, those BMPs then utilized as the prevailing practices for such use. VI. EASEMENT DOCUMENTATION REPORT. Grantor and Grantee acknowledge and agree that an Easement Documentation Report (the `Report') of the Property was prepared prior to closing and attached hereto as Exhibit "B' . In the event a controversy arises with respect to the nature and extent of the physical, ecological or biological condition of the Property, the parties may utilize the Report and any other relevant documents, surveys photographs or other information to assist in the resolution of the controversy. The Report shall serve, however, as the principal base line for the biological, ecological, and physical condition of the Property on the date of this Easement. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK VII. MANAGEMENT PLAN. AND ANNUAL REPORT. 1. Management Plan. Grantor and Grantee acknowledge that a Management Plan for the Property was prepared by Grantor prior to the donation of the Property to Grantor and Grantor shall manage the Property in accordance with said Plan until such time as said Plan is revised by Grantor. The Management Plan, and any revision thereto, shall describe Grantor's uses, operations and improvements upon the Property as reserved or allowed to Grantor by this Easement. The Management Plan shall set forth Grantor s plans for agricultural and silvicultural operations; public recreation (including appropriate limitation on the number of persons and vehicles utilizing the Property); use of pesticides, herbicides and fertilizers; wildlife management; construction, mcluding, but not limited to, structures, fences roads and trails; restoration plans; and other land use activities upon the Property The Management Plan shall specify that these activities are to be conducted upon the Property in accordance with the applicable BMPs and this Easement. The Management Plan shall be subject to revision by amendment submitted by Grantor to Grantee's Bureau Chief, Bureau of Real Estate Services, pursuant to Paragraph V.B. herein. Proposed amendments shall be submitted for Grantee s review and approval no more frequently than semi-annually, but no less frequently than every ten (10) years. Grantee shall have up to sixty (60) days to review the Management Plan amendment and submit comments to Grantor or approve the amended Plan If Grantee does not respond to Grantor within sixty days, the amendment shall be deemed to have been approved by Grantee. The Management Plan and each amendment shall be consistent with the purposes and provisions of this Easement. 2. Annual Report. Each year, on or before the anniversary date of the date of recording of this Easement, or such other date that is mutually agreed upon in writing by Grantor and Grantee Grantor shall prepare and furnish to Grantee an annual report, including: (i) a statement documenting Grantor's compliance with the Management Plan and the Easement for the preceding year; (ii) Grantor's activities upon and use of the Property during the preceding year; and (iii) Grantor's proposed activities upon and use of the Property during the current/upcoming year VIII. DUTY OF CARE. Grantor and Grantee recognize and acknowledge the natural, scenic, aesthetic, ecological and hydrological character of the Property and have the common purpose and intent of the conservation and preservation of the Property in perpetuity. Accordingly, Grantor hereby acknowledges a continuing duty of care to Grantee imposed by this Easement upon Grantor to carry out the intent and purpose of this Easement with regard to Grantor's ownership and occupancy of the Property. (Signatures on following pages) A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK IN WITNESS WHEREOF, the parties hereto have duly executed this Easement, to become effective as of the day and year first above written. Attest: Jeffrey R. Smi Clerk of Cou By•. GRANTOR: BOARD OF COUNTY COMAVIISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: mptroll Print Name: M AVREE0 6g LF o Deputy Clerk Approved: By: carzycipA amot J ph A. igaird ounty Administrator Deputy County Attorney t Peter D. O'Bryan, Chair • \63••• ��'•• •:gNRiv(Rt •• Signed, sealed and delivered in our presence as witnesses: A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK • GRANTEE: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes By: Print Name: Hans G. Tanzler III Executive Director Print Name: Attest: William H. Congdon General Counsel For use and reliance only by St. Johns River Water Management District, Legal Form and Content Approved: By: William Abrams, Esq. Office of General Counsel STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of , 2014 by Hans G Tanzler, as Executive Director of the St. Johns River Water Management District, on behalf of the District, who is personally known to me or who provided as identification and who did not take an oath. NOTARY PUBLIC, State of Florida My Commission Expires: My Commission No.: CE Form -Local Gov't Transactions Last Revised 12/3t2013 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK The South One Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 39 East, LESS the West 312.96 feet thereof. Said land lying and being in Indian River County, .Florida. TOGETHER WITH an easement for ingress and egress over the South 60 feet of the West 312.96 feet of the South Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South Range 29 East, Indian River County, Florida. The above Parcel 1 being more particularly described as follows: Begin at the Northwest comer of Heritage Trace at Hobart as recorded in Plat Book 15, page 37 of the Public Records of Indian River County, Florida; thence N 89° 56' 27 ' E, along the North line of said Heritage Trace at Hobart, the North line of Hobart Landing Unit 1 as recorded in Plat Book 7, page 45 of the Public Records of Indian River County, Florida and the North line of Hobart Landing Unit 2, as recorded in plat Book 7, page 46 of the Public Records of Indian River County, Florida, a distance of 1946.4 feet to the approximate mean lugh water line of the Indian River, thence along said approximate mean high water line the following 4 courses; (1) N 54° 11' 39" W a distance of 204.41 feet; (2) thence N 34° 03' 22" W a distance of 89.23 feet (3) thence N 30° 30' 07" W a distance of 75 32 feet; (4) thence N 33° 46' 11" W a distance of 85.74 feet to the intersection with N line of the South 32 of the North 40 rods of the South 60 rods of Government Lot 3 of Section 34, Township 31 South, Range 39 East; thence S 89° 56' 27" W along said North line of the South %z a distance of 1985.58 feet to the East Ime of West 312.96 feet of said South %a; thence S 00° 58' 27" W along said East line a distance of 330.05 feet to the South line of said South %; thence N 89° 56' 27" E along said South line a distance of 346.39 feet to the Point of Beginning TOGETHER WITH an easement for ingress and egress over the South 60 feet of the West 312.96 feet of the South Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 29 East, Indian River County, Honda. PARCEL 2 Commencing at the Southwest comer of Government Lot 4, Section 34, Township 31 South, Range 39 East, nm North 90 degrees 00 minutes 00 seconds West along the South A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK line of Township 31 South, a distance of 49.86 feet thence run North 00 degrees 19 minutes 48 seconds East a distance of 25.00 feet to a point on the North right of way of Hobart Road (77th Street), said point also being on the West right of way of York Street, a 50.00 feet wide right of way per Official Records Book 200, Page 275, Public Records of Indian River County, Florida; thence run North 00 degrees 19 minutes 48 .seconds East along said West nght of way a distance of 39337 feet to the POINT OF BEGINNING, thence leaving said West right of way run North 24 degrees 37 minutes 10 seconds West a distance of 649.01 feet thence run North 00 degrees 19 minutes 30 seconds East a distance of 323.05 feet to a pomt on the North line of Government Lot 5, and Government Lot 4, Section 34, Township 31 South, Range 39 East, thence nm North 89 degrees 59 minutes 30 seconds East along said North linea distance of 981.63 feet to a point on the West right of way of Indian River Boulevard, said right of way being 75.00 feet wide; thence run South 21 degrees 07 minutes 49 seconds East along said right of way a distance of 674.09.feet to a point on the North right of way of York Road, said right of way being 50.00 feet wide per Official Records Book 30, Page 145; and Official Records Book 3, Page 573, all of the Public Records of Indian River County, Florida, thence run South 89 degrees 59 minutes 21 seconds west along said North right of way a distance of 954.46 feet to a point on the West right of way of said York Street thence run South 00 degrees 19 minutes 48 seconds West along said West right of way a distance of 28425 feet to the POINT OF BEGINNING. The above Parcel 2 being more particularly described as follows; Commencing at the Southwest corner of Goverment Lot 4, Section 34, Township 31 South, Range 39 East, run North 89 degrees 57 minutes 27 seconds West along the South line of Township 31 South, a distance of 50.00 feet; thence nm North 00 degrees 15 minutes 17 seconds East a distance of 25.00 feet to a point on the North right of way of Hobart Road (77th Street), said point also being on the West right of way of York Street, a 50.00 feet wide right of way per Official Records Book 200, Page 275, Public Records of Indian River County, Florida; thence run North 00 degrees 15 minutes 17 seconds East along said West right of way a distance of 393 71 feet to the POINT OF BEGINNING; thence leaving said West right of way nm North 24 degrees -41 minutes 21 seconds West a distance of 648.96 feet; thence run North 00 degrees 14 minutes 56 seconds East a distance of 323.03 feet to a point on the North line of Government Lot 5, and Government Lot 4, Section 34, Township 31 South, Range 39 East, thence run North 89 degrees 55 minutes 01 seconds East along said North line a distance of 98151 feet to a point on the West right of way of Indian River Boulevard, said right of way being 75.00 feet wide; thence nm South 21 degrees 12 mumtes 04 seconds East along said right of way a distance of 674.17 feet to a point on the North right of way of York Road, said right of way being 50.00 feet wide per Official Records Book 30, Page 145; and Official Records Book 3, Page 573, all of the Public Records of Indian River County, Fionda; thence run South 89 degrees 55 minutes 03 seconds west along said North right of way a distance of 954 39 feet to a point on the West right of way of said York Street; thence run South 00 degrees 15 minutes 17 seconds West along said West right of way a distance of 284.17 feet to the POINT OF BEGINNING. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK EXHIBIT "B" Easement Documentation Report Map 1 — Upland/Wetland Map 2 — Trails, Culverts, Bridge, Ditches and Apiary Site Map 3 — Special Protection Areas -Mosquito Impoundment A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK r'''.1- _, ...." "C`- r r'.- s' • ��� r,• r ,...z. r -v., .e• tom'' L •a� ,�j`+ i• • •�R '��+. r' r •. la +r'r . IL; -• x' • r r 9 `'• ` i 'i t r. c 9 `'�• ` St` .ii' .i1f1. t• pen .4 _ • i* t• .j'1. .4 _ 111 1. gav!rt e• .-r ' — t t h r- - �! t ,re -' �_.E,. r r'"__.6 -r <. r rtr.., ""4":":.%._,r r-{_ • _! 4.07, ...tr- F4 t4 M.• Y. •S ••`••• ••tt+sr•i 11 A A TRUE COPY CERT'FICATION ON LAST PAGE J.R. SMITH, CLERK Exhibit B - Map 2 Trails,Culverts, Bridge, Ditches and Apiary Site X Bridge H Culverts raw Ditches gm Toni Robinson Trail ====s= Trails 1 Apiary Exhibit B - Map 2 The St. Johns River Water Management District prepares and uses this information for its own purposes and this information may not be suitable for other purposes. This hfonnation is provided as is. Further documentation of this data can be obtained by contacting: St. Johns Raver Witter Management District, Geographic Information Systerns,Program Management, P.O.Box 1429, 4049 Reid Street Palatka, Florida 32178-1429 Tat (388) 329-4178. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Block Property Indian River County Exhibit B - Map 3 Special Protection Areas Mosquito Impoundment The St. Johns River Water Management District prepares and uses this Information for is own purposes and this hformation may not be suitable for other purposes. This infomnatlon is provided as S. Further documentation of this data can be obtained by contacting: St. Johne River Yater Management District, Geographic Information Systems, Program Management, P.O.Box 1429, 4049 Reid Street Palatka, Florida 32178-1429 Tel: (388) 3294176. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH. CLERK EXHIBIT "C" 2004 Cooperative Agreement for Impoundment Restoration Projects in Indian River County between the St. Johns River Water Management District and the Indian River Mosquito Control District A TRUE COPY CERTIFICATION ON LAST PAGE ,.R SMITH, CLERK COOPERATIVE AGREEMENT IMPOUNDMENT RESTORATION PROJECTS IN INDIAN RIVER COUNTY THIS COOPERATIVE MANAGEMENT AGREEMENT (hereinafter called "Agreement") is made as of the a day of Sada..., 200E., by and. between THE GOVERNING BOARD OF THE ST. 7OHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373 of the Florida Statutes, whose mailing address is P O. Box 1429, Palatka, Florida 32178-1429 (hereinafter called "DISTRICT"), and INDIAN RIVER MOSQUITO CONTROL DISTRICT a political subdivision of the State of Florida, whose address is 5655 41" Street, Vero Beach, Florida 32967 (hereinafter called "MOSQUITO CONTROL"); WITNESSETH: WHEREAS, the DISTRICT is actively acquiring property in Indian River County, and currently owns in fee simple certain lands described in Exhibit "A," attached hereto and by this reference made a part hereof, (the "Impoundment Sites") as part of the Florida Forever Indian River Lagoon Blueway Project to improve water quality in the Indian River Lagoon by restoring impoundment sites and re -connecting them to the Lagoon; and WHEREAS, MOSQUITO CONTROL wishes to restore wetlands in the District Impoundment Sites; and WHEREAS, the DISTRICT and MOSQUITO CONTROL wish to enter into this agreement for the management of the wetlands in the Impoundment Sites. NOW THEREFORE, the parties hereto, for and in consideration of the premises which are hereby inade a part of this Agreement, and the mutual covenants, terms and conditions hereinafter contained, hereby covenant and agree as follows: 1. The initial term of this Agreement is for a period of fifty (50) years, commencing on the effective date of this Agreement, and ending at midnight on the date in A.D. immediately preceeding the effective Date 2054. Thereafter, this Agreement will be automatically renewed, in twenty-five (25) year increments, unless terminated as otherwise set forth herein. 2. MOSQUITO CONTROL, with input from the DISTRICT, will be responsible for restoration and management of the impounded wetlands. 3. As additional Impoundment Sites are acquired by the District, such sites may be automatically incorporated into the terms of this Agreement, subject only to written request for such addition being made by the DISTRICT and confirmed and accepted in writing by MOSQUITO CONTROL. 4. Responsibility of MOSQUITO CONTROL: a. Post the perimeter of the IMPOUNDMENT SITES with both DISTRICT and MOSQUITO CONTROL signage, at MOSQUITO CONTROL's expense, with assistance from the DISTRICT. b. Develop a restoration and management plan ('Plan") for each IMPOUNDMENT SITE. District stafrwill review and approve the plans. Cooperative Agreement Page 1 of 7 Indian River Mosquito Control District A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK c. Serve as lead manager of the IMPOUNDMENT SITES wetlands. d. Assume all restoration and operational responsibilities for the wetlands m the IMPOUNDMENT SITES. e. Assume responsibility for maintenance of any dike(s) surrounding the wetlands of the IMPOUNDMENT SITES. f. Treat and where feasible remove ail exotic plants from any dike(s) sunoundmg the wetlands of the IMPOUNDMENT SITES. 5. MOSQUITO CONTROL will be provided access to the IMPOUNDMENT SITES for inspection, design, construction, maintenance and operation. 6. The DISTRICT is responsible for providing four (4) culverts for the WTNDMILLER PROPERTY, the first Impoundment Site subject to this Agreement. 7. MOSQUITO CONTROL and the DISTRICT mutually agree that any use or development of the IMPOUNDMENT SITES will be subject to the following conditions: a. The IMPOUNDMENT SITES, with respect to water management, will be reconnected to the Indian River Lagoon under Rotation Impoundment Management (RIM). No use of the IMPOUNDMENT SITES shall interfere with or impede the restoration of the impoundments. b. The IMPOUNDMENT SITES shall be managed for multiple uses on the perimeter dike, limited to hiking, walking, jogging, fishing and bind watching. c. All recreational uses and activities shall be consistent Wath the water management purposes of the DISTRICT as provided in Sections 373.139 and 373.59, Florida Statutes; and with the enabling legislation for the MOSQUITO CONTROL. 8. The MOSQUITO CONTROL may enter into agreements with third parties to develop and implement the Plan, or subcontract day-to-day management responsibilities. Such third parties shall agree to comply with the terms and conditions of this Agreement and shall be approved by the DISTRICT. 9. Ail structures, improvements and facilities placed or installed upon the IMPOUNDMENT SITES shall be at the sole cost, expense and liability of the party responsible for such placement or installation. Neither the DISTRICT nor the MOSQiJITO CONTROL shall be liable for any damage to said structures, improvements and faculties placed on the IMPOUNDMENT SITES by the other. Cost and liability for any structures, improvements and facilities jointly funded by both parties shall be mutually agreed upon, in writing, between the parties prior to such placement or installation. Ownership of all said structures, improvements and facilities shall be determined and agreed upon, in writing, between the parties prior to such placement or installation The responsibility for obtaining or renewing permits That may be required by any federal, state, regional, municipal, or other governmental entity, shall be determined and agreed upon, in writing, between the parties prior to the construction or installation of structures, improvements, or facilities upon the IMPOUNDMENT SITES. 10 The MOSQUITO CONTROL shall pay all lawful debts incurred by it with respect to the [MPQUNDMENT SITES and shall satisfy all liens ofcontractors, sub -contractors, Cooperative Agreement Page 2 of 7 Indian River Mosqutto Control District A tRUE COPY CERTIFICATION ON LAST PAGE ! � . t[vtlTH, CLERK mechanics, laborers, and materialmen with respect to any construction, alteration and repair ordered by it to and on the IMPOUNDMENT SITES, and any improvements thereon. Furthermore, the MOSQUITO CONTROL shall not have authority to create any mortgages on the IMPOUNDMENT SITES or liens for labor or material on or against the IMPOUNDMENT SITES. All persons contracting with the MOSQUITO CONTROL for the construction or removal of any structure, or for the erection, installation, alteration or repair of any structure or improvement on the IMPOUNDMENT SITES, including all materialmen, contractors, mechanics and laborers involved in such work., shall be notified that they must look to the MOSQUITO CONTROL only to secure the payment of any bill or account for work done, material furnished, or money owed during the term of this Agreement 11. The DISTRICT and the MOSQUITO CONTROL shall not use or permit the IMPOUNDMENT SITES to be used in violation of any valid present or future laws, ordinances, rules or regulations of any public or governmental authority at any time applicable thereto relating to sanitation or the public health, safety, morals or welfare, or relating to the management activities in, and use of, the IMPOUNDMENT SITES. It is understood and agreed by the parties that there shall be no factliues except those directly related to the operation and maintenance of the IMPOUNDMENT SITES for stormwater management, public education and recreation. 12. The MOSQUITO CONTROL and other governmental agencies or organizations involved in management or restoration related activities on the IMPOUNDMENT SITES shall, throughout the term of this Agreement, provide, maintain, and keep in force a program of insurance or self-insurance covering its liabilities as prescribed by Section 768 28, Florida Statutes. The DISTRICTS liability is further limited by the provisions of Section 373.1395, Florida Statutes. Nothing in this Agreement shall be construed as a waiver of the MOSQUITO CONTROL'S or the DISTRICTS sovereign immunity under Section 768.28, Florida Statutes, or any other provision of law. 13. Should day-to-day management responsibilities he undertaken by or subcontracted to non-governmental, environmental or educational organizations or agencies, or other private entities, then such entities shall be required to obtain from an insurance company licensed in the State and acceptable to the MOSQUITO CONTROL and the DISTRICT worlanan's compensation and general and vehicle liability msurance, as appropnate, providing for mutually acceptable minimum limits. The MOSQUITO CONTROL and the DISTRICT shall be named as an additional insured party for any such policies. Furthermore, any such non-governmental organizations or agencies shall protect, defend, save, indemnify, and hold the MOSQUITO CONTROL and the DISTRICT harmless from and against any and all liability for loss or damage to property or death or injury to persons, resulting from the activities of such non- governmental organization or agency. 14. The DISTRICT reserves the right for itself, its agents, consultants and employees, upon reasonable notice to the MOSQUITO CONTROL (emergencies exempted) to enter upon the IMPOUNDMENT SITES for the purpose of water management, for the purpose of inspecting the IMPOUNDMENT SITES and determining compliance with the temps of tlus Cooperative Agreement Page 3 of 7 Indian River Mosquito Control District A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Agreement, so long as such entry or use does not unreasonably interfere with the MOSQUITO CONTROL's use thereto for the purposes set forth herein. Any such agents, consultants or employees of the DISTRICT shall be responsible for promptly closing and locking any gates through which they may pass in the exercise of such right of entry. 15_ Either party may terminate this Agreement, with or without cause, at any time upon ninety (90) days written notice to the other pasty. 16. All notices, consents, approvals, waivers and elections which any party shall be required or shall desire to make or give under this Agreement shall be in writing and shall be sufficiently made or given i) when mailed by certified mart, postage prepaid, return receipt requested, ii) by hand delivery to the named individuals representing the party to be notified, or iii) by private parcel delivery services, or facsimile transmission for which receipt is provided to the notifying party. Notices, including notice of change of address, shall be addressed or transmitted to the addresses set forth below or such other address that a party may designate in the manner prescribed herein: DISTRICT ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 4049 Reid Street PALATKA, FL 32177 ATTENTION DIRECTOR DIVISION OF LAND MANAGEMENT INDIAN RIVER MOSQUITO CONTROL DISTRICT 5655 41" STREET VERO BEACH FL 32967 ATTENTION DIRECTOR - Notices, consents, approvals, waivers and elections given or made as aforesaid shall be deemed to have beengiven and received on the date of the mailing thereof as aforesaid. 17. Wherever used herein the terms "MOSQUITO CONTROL" and "DISTRICT" include all parties to this instrument, their employees, and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships, public bodies, and quasi -public bodies.. 18. This Agreement constitutes the entire agreement of the parties, and there are no understandings dealing with the subject matter of this Agreement other than those contained herein. This Agreement may not be modified, changed or amended, except in writing signed by the parties hereto or their authorized representatives. 19. This Agreement shall be construed and interpreted according to the taws of the State of Florida, 20. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact diet it may have been prepared by Counsel for one of the parties, it being recognized that both the MOSQUITO CONTROL and DISTRICT have contributed substantially and materially to the preparation hereof. Cooperative Agreement Page 4 of 7 Indian River Mosquito Control District A TRUE COPY CERTIFICATION ON LAST PAGE J,R, SMITH, CLERK 21. For all purposes of this Agreement, the "Effective Date" hereof shall mean the date when the last of the DISTRICT or the MOSQUITO CONTROL has executed the same, and that date shall be inserted at the top of the first page hereof. 22. Any reference herein to funding or payment of costs or expenses to he borne by either the DISTRICT or the MOSQUITO CONTROL shall be contingent on the availability of funds by such party for such purpose. 23. Nothing contained in this Agreement shall be construed as a waiver of or contract with respect to the regulatory or permitting authority of the DISTRICT or MOSQUITO CONTROL as they now or hereafter exist under applicable laws, rules and regulations. 24. Nothing in this Agreement shall create any rights for the benefit of any persons not a party to this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, on the dale and year first above written. APPItOV ED: Stanley J. Nicgo Fsquiie Office of Gene- I Counsel SJItWMD ATTEST' Witness Print/Type Witness Name Witness µittnt Print/Type Witness Name a�A"� By: 11;;. tonttaus ; Title:ty . di Afrviistir ipMtstgra By ST. JOHNS RIVER WATER MANAGEMENT DISTRICT By: Gles-anea. Kirby B. G n [[I Executive Director By authority of Section 373.083 (5), Florida Statutes, and SJRWMI) Policy Number 90-16 (Cooperative Agreements). INDIAN RIVER COUNTY, FLORIDA Title: ]act OA. (2 (r nn n i i mien z+dr� C.h I'�T I.Lr tt F Print/Type NA= Title: r�tSFAL) • tc loc i60,_ Cooperative Agreement Page 5 of 7 Indian River Mosquito Control District EXHIBIT "A" Windmiller Property ideal Description That part of the East 27.56 acres of the Southwest IA of the Southwest IA lying North of the Winter Beach Bndge Road in Section 2, Township 32 South, Range 39 East, Indian River County, Ronda. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Said land lying and being in Indian River County, Florida. Cooperative Agreement Page 6 of' 7 Indian River Mosquito Control District tee s 1me. kir War 14ma mal defeat ratan inn, n,as ISn as tff[ 1.11fvi WA1.! ' fleitO �`pte Ins papa *ulat. 01147 nKy.ruyta. iota•iSdI.y fixe .@�, it Mad SMte 4 ism Nt .utast. 1p�nrs k s,taf • Unlit p csa.ft 13 ski j ttiI 14.40.0211114C4. laICY. Patna W40.02JtnJC7. hail .10t: an, Us HIpkaa» .._ Comity Reids State Rasa Caiuy *modal _ omnia - Full Fee • WIndanttet Pfaptyf Panda4100 District Join oinlmhtp 4.10 Other Public lames .":f ReplSxy Easements 40* Hydro IOW Cooperative Agreement Indian River Mosquito Contrd MN ii•••e �.SSI• #4fl • . ..y, ..••. • • • • • s , : CZ o> • • • • • • STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND COT COPY THE ORIGINAL J, ILE IN T OFFICE ITH