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HomeMy WebLinkAbout2008-098Re: St. Johns River Water Management District Tax ID #30-38-22-00001-0030-00000.0 RESOLUTION NO, 2008m 098 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CANCELING TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES, WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, Florida Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: • Pursuant to the authority of Section 196.28, Florida Statutes, any and all liens for taxes, delinquent or current held or owned by St. Johns River Water Management District and Indian River County, against the property described in deeds, recorded in O.R. Book 2272, Page 2162, and O.R. Book 2275, Page 583 (the "Deeds"), attached hereto and incorporated herein by this reference, are hereby canceled. • The property set forth on the Deeds was recently acquired by St. Johns River Water Management District and Indian River County in fee simple, with a 33% interest held by Indian River County, to be used as resource conservation, passive recreation, and environmental education property consistent with the North Sebastian Conservation Area Management Plan, as amended from time to time. • The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector. The resolution was moved for adoption by Commissioner Wesley S. Davis , and the motion was seconded by Commissioner Joseph E. Fl h r , and, upon being put to a vote, the vote was as follows: Chairman Sandra L. Bowden Aye Vice Chairman Wesley S. Davis A ee Commissioner Joseph E. Flescher yH e Commissioner Peter D. O'Bryan Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this Attest: By: n, Clerk Deputy Approved as to for and legal s i ienc n E. rnor Assistant County Attorney INDIA By( RIVER. C.I 15th day of July, 2008, n, vnairman } 15th day of July, 2008, n, vnairman 1931897 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2275 PG: 583, 06/26/2008 12:26 PM DOC STAMPS D $0.70 Prepared By: Stanley J. Niego, Esquire St. Johns River Water Management District P.O. Box 1429 Palatka, Florida 321784429 Return To: Donald F. Wright, Esquire Wright, Fulford, Moorhead & Brown, P.A. P.O. Box 2828 Orlando, Florida 32802-2828 FEE SIMPLE DEED THIS INDENTURE, made and executed the 0 day of , 2008 by ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a pu y existing under Chapter 373, Florida Statutes, whose post office address is Post Offic ox 1429, Palatka, Florida 32178-1429 ("Grantor"), to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27`" Street, Vero Beach, FL 32960, as to an undivided Thirty Three (33.00%) percent interest ("Grantee"). WITNESSETH: THAT Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, its successors and assigns, an undivided Thirty Three (33.00%) percent interest in all that certain land situate in Indian River County, Florida ("the Properly"), to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO easements, restrictions and reservations of record, but the reference thereto shall not serve to re -impose same. THIS INSTRUMENT IS EXEMPT FROM STATE DOCUMENTARY STAMP TAX PURSUANT TO SECTION 12B4.014(10) F.A.C. BK: 2275 PG: 584 TO HAVE AND TO HOLD, the same in fee simple forever, subject to automatic reverter to the Grantor in the event the Grantee ceases to act as the lead management entity for the Property pursuant to that certain Intergovernmental Management Agreement between Grantor and Grantee for the North Sebastian Conservation Area Addition, attached as Exhibit B. AND Grantor hereby covenants with Grantee that Grantor has good right and lawful authority to convey said land. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Star�" By: A IOX By: ANN TAYLOR MOO , Secre STATE OF FLORIDA COUNTY OF PUTNAM nww ,mss Op The foregoing instrument was acknowledged before me this day of , 2008, by DAVID G. GRAHAM, as Chairman of the Governing Board of the .JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes. He is personally known to me. i/ .�/? Print STATE OF FLORIDA COUNTY OF V YX) The foregoing instrument was acknowledged before me this 419 day of , 2008, by ANN TAYLOR MOORE, as Secretary of the Governing Board of e ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes. She is personally known to me./j/ oeo /? f4 SHARON G. CARLIN . MY COMMISSION M DO 336830 EXPIRES: October 29, 2006 Pnnt name: &rood rhru Noury pu* Urftwrlror. f"'y SHARON G. CARLIN %0W, �b? .; MY COMMISSION i OD 336830 �.Tyq�/� t EXPIRES: October 29, 2008 "ir7 • BfM1C8d ThN NMAry PUONC UMDIW11Wo n� Print STATE OF FLORIDA COUNTY OF V YX) The foregoing instrument was acknowledged before me this 419 day of , 2008, by ANN TAYLOR MOORE, as Secretary of the Governing Board of e ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes. She is personally known to me./j/ oeo /? f4 SHARON G. CARLIN . MY COMMISSION M DO 336830 EXPIRES: October 29, 2006 Pnnt name: &rood rhru Noury pu* Urftwrlror. Prepared By: Stanley J. Niego, Esquire St. Johns River Water Management District P.O. Box 1429 Palatka, Florida 321784429 Return To: Donald F. Wright, Esquire Wright, Fulford, Moorhead & Brown, P.A. P.O. Box 2828 Orlando, Florida 32802-2828 1931897 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2275 pG.583, Pagel of 12 $00.70.70 2008 at 12:28 pM D DOCTAX PD JEFFREY K BARTON, CLERK OF COURT For Recording Purposes Only FEE SIMPLE DEED THIS INDENTURE, made and executed the d , _day of 2008 by ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a pu 1 body existing under Chapter 373, Florida Statutes, whose post office address is Post Offic ox 1429, Palatka, Florida 32178-1429 ("Grantor"), to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, FL 32960, as to an undivided Thirty Three (33.00%) percent interest ("Grantee"). WITNESSETH: THAT Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, its successors and assigns, an undivided Thirty Three (33.00%) percent interest in all that certain land situate in Indian River County, Florida ("the Property"), to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO easements, restrictions and reservations of record, but the reference thereto shall not serve to re -impose same. THIS INSTRUMENT IS EXEMPT FROM STATE DOCUMENTARY STAMP TAX PURSUANT TO SECTION 12B-4.014(10) F.A.C. TO HAVE AND TO HOLD, the same in fee simple forever, subject to automatic reverter to the Grantor in the event the Grantee ceases to act as the lead management entity for the Property pursuant to that certain Intergovernmental Management Agreement between Grantor and Grantee for the North Sebastian Conservation Area Addition, attached as Exhibit B. AND Grantor hereby covenants with Grantee that Grantor has good right and lawful authority to convey said land. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Sta s By: ` b I, r iBy: LM. ANN TAYLOR MOOAF, Secre STATE OF FLORIDA COUNTY OF PUTNAM a �' The foregoing instrument was acknowledged before me thisday of , 2008, by DAVID G. GRAHAM, as Chairman of the Governing Board of the .JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes. He is personally known to me. Z/ name: STATE OF FLORIDA COUNTY OF-DIT12�NIAXAt The foregoing instrument was acknowledged before me this A 0 day of 2008, by ANN TAYLOR MOORE, as Secretary of the Governing Board of e ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes. She is personally known to me. /j/ IVA zo? SHARON G. CARLIN MY COMMISSION 0 DD 336830 EXPIRES: October 29, 2008 Print name: Donned thru Notary Public Underwriters G. CARLIN MY COMMISSION q DD 336830 E.rSHARON EXPIRES: October 29, 2008 Bonded'fhru Notary Public Underwriters name: STATE OF FLORIDA COUNTY OF-DIT12�NIAXAt The foregoing instrument was acknowledged before me this A 0 day of 2008, by ANN TAYLOR MOORE, as Secretary of the Governing Board of e ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes. She is personally known to me. /j/ IVA zo? SHARON G. CARLIN MY COMMISSION 0 DD 336830 EXPIRES: October 29, 2008 Print name: Donned thru Notary Public Underwriters EXHIBIT "A" LEGAL DESCRIPTION OF "THE PROPERTY" All that certain land situate in Indian River County, Florida, to wit: From the North corner of Section 29, Fleming Grant run South 44°25'58" East a distance of 1501.86 feet to a concrete monument at the East corner of the property hereby described for a Point of Beginning of the property hereby conveyed; thence run South 45°09'04" West for a distance of 1406.13 feet; thence North 67°39'58" West for a distance of 759.38 feet to a point; thence North 44°25'58" West for a distance of 2804.92 feet to a Point; thence North 45°54'02" East for a distance of 1706.10 feet to a Point; thence South 44°25'58" East for a distance of 3481.86 feet to a Point of Beginning. INTERGOVERNMENTAL MANAGEMENT AGREEMENT NORTH SEBASTIAN CONSERVATION AREA ADDITION INDIAN RIVER COUNTY THIS INTERGOVERNMENTAL MANAGEMENT AGREEMENT ("Agreement") is made as of the ?- day of J vnr , 2008, by and between THE GOVERNING BOARD OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes, whose mailing address is P.O. Box 1429, Palatka, Florida 32178-1429 (the 'District"), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960-3388 ("County"). WITNESSETH: WHEREAS, the District has entered into an Agreement of Purchase and Sale with the seller thereunder to acquire 134 acres of real property located in Indian River County, Florida, known as the North Sebastian Conservation Area Addition ("Property"), as depicted on Exhibit "A", attached hereto and by this reference made a part hereof, and WHEREAS, the Property is adjacent to the North Sebastian Conservation Area, as depicted on Exhibit "A;" and WHEREAS, closing under the Agreement of Purchase and Sale is contingent upon the District and the County entering into this Intergovernmental Management Agreement providing for long-term management of the Property by the County following closing. The District is acquiring the Property for the conservation and protection of the water resources, consistent with section 373.139, Florida Statutes; and WHEREAS, the District intends to deed a 33% undivided interest in the Property to the County at closing between the District and the Seller so as to provide for the long-term management of the Property by the County; and WHEREAS, the District and the County desire that the County manage the Property for recreation and conservation, consistent with sections 373.1391 and 373.1401, Florida Statutes; and WHEREAS, the County possesses the personnel, ability, interest, and willingness to manage the Property under the multiple -use concept, based on sound ecological principles; and WHEREAS, the parties recognize the value of close cooperation and mutual support in providing for public use and enjoyment of the Property. NOW, THEREFORE, in consideration of the aforesaid premises, which are hereby made a part of this Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: Page 1 of 9 North Sebastian Conservation Area Addition Management Agreement Draft I . The County hereby agrees to manage the Property for the purposes stated herein, subject to the rights reserved herein. During the term of this Agreement, the County shall act as the lead management entity for the Property to provide for the conservation, protection, management, and enhancement of natural and cultural resources on the Property and for public recreation within the Property, along with the other uses provided for herein. 2. The Effective Date shall mean the date when the last of the parties has executed this Agreement, which date shall be inserted at the top of the first page hereof. The initial term of this Agreement is for a period of ten (10) years, commencing on the Effective Date. This Agreement shall thereafter be automatically renewed in two (2), twenty (20) year increments unless terminated as provided herein. In the event this Agreement terminates for any reason, the County understands and agrees that it shall execute a quitclaim deed to the District relinquishing its 33% undivided interest in the Property. 3. If additional parcels that adjoin the boundaries of the Property are acquired by any of the parties, each such additional parcel may be incorporated within the North Sebastian Conservation Area upon prior written approval in writing by both parties. 4. Within twelve (12) months of the Effective Date, the County shall amend the existing North Sebastian Conservation Area Management Plan (the "Plan") to include management of the Property. The District shall have sixty (60) days from the date of receipt of the final draft Plan to review the Plan and provide written comments to the County. The District shall have 45 days from the date the parties resolve all issues raised by written comment to approve the Plan. No development shall occur on the Property that is not included in the Plan. All references hereafter to the Plan shall mean the Plan, as approved by the parties. a. The Plan and all future revisions thereof shall include strategies for forest, ecological and fire management, long-term management, public recreational uses, cultural resources management, access and use of existing roads, and establishment of environmental education programs. b. The Plan shall also include a maintenance/control plan for invasive/exotic species. c. Amendments to the Plan with respect to the Property may be proposed by any party at any time. However, all parties must agree in writing to the amendments. 5. Prior to agreement by both parties to the Plan, the County will assume responsibility for the surveillance and security of the Property. Land management questions will be settled by letter in writing, as approved by both parties. 6. The County shall bear the cost of the planning, construction, operation and maintenance of any recreational facility on the Property. The County shall also provide the personnel and resources necessary to monitor and protect the Property and to ensure the safety of the public. Upon request, District shall assist the County with fire management to the extent it has the capability to provide such assistance. Page 2 of 9 North Sebastian Conservation Area Addition Management Agreement Draft 7. Any use or development of the Property shall be subject to the following conditions and guidelines: a. The function and condition of the Property with respect to the management of water and other natural resources, water supply, and the conservation and protection of water resources shall be maintained in its present condition or enhanced; b. The Property shall be managed for multiple uses, including forest and fire management, and for public resource-based educational and recreational purposes (i.e., dependent on existing elements of the natural environment), which may include hiking, wildlife viewing, picnicking, nature study, jogging, equestrian activities, camping and other related passive outdoor activities as set forth in the Plan; c. Educational and recreational activities planned or conducted on the Property shall be resource-based and the development of recreational facilities shall be restricted to trails, boardwalks, or other alterations that facilitate access for the passive recreational user, as set forth in the Plan; d. The District may engage in construction or other activities necessary for water management purposes on the Property if such activities are consistent with the Plan; e. The District and the County may harvest wiregrass seed and seed of other species from the Property. Other public agencies may harvest wiregrass seed and seed of other species from the Property with prior written permission from the County; f All educational and recreational uses and other activities on the Property shall be consistent with the water management purposes of the District as provided in Chapter 373, Florida Statutes, to manage the water resources; g. There shall be no facilities on the Property except those directly related to the operation and maintenance of the Property for conservation, public recreation, and environmental education purposes, as set forth in the Plan or as constructed by the District for water management purposes. h. The District acknowledges and agrees that portions of the Property may contain Florida scrub jay habitat that, when such habitat is protected and enhanced through management, may qualify as mitigation credit for off-site scrub jay habitat impacts regulated by the U.S. Fish and Wildlife Service under the federal Endangered Species Act. The County and the City of Sebastian shall share 50% of the mitigation credit. The District shall have the remaining 50%. Additional terms may be agreed upon by the parties and provided for in the Management Plan, 8. All revenues generated on the Property by the County or third parties hired by the County through compatible secondary -use management, such as the sale of timber, shall be utilized for the benefit of the Property to implement approved activities on the Property to the extent allowable under existing laws and consistent with the Plan. All timber sales shall be in Page 3 of 9 North Sebastian Conservation Area Addition Management Agreement Draft accordance with the Plan and shall be approved by the District. The County shall notify the District of its intention to sell timber not less than 30 days prior to advertising the timber sale. The District shall approve or disprove the proposed sale within 15 days of notification. Failure to reply within said time period shall constitute approval. In the event of disapproval by the District, the sale shall not occur. 9. Any structures, improvements and facilities placed upon or moved in or upon the Property by the District or County, or constructed by the District for water management purposes, shall be identified in the Plan, and shall be at the sole cost and liability of the party implementing the activity. 10. The District will take the lead on resolution of any boundary discrepancy or dispute with respect to the Property and will consult with the County on such issues. 11. In the event the City of Sebastian seeks to re -zone the Property to conservation or change the classification in the Comprehensive Land Use Plan to conservation or similar designation, the parties shall consult and seek to agree upon a coordinated response to such activity. Notwithstanding the aforesaid, each party reserves the right to advocate on its own behalf for the position adopted by the governing body of each party. 12. Nothing contained herein or in the Plan shall be construed as a waiver of or contract with respect to the regulatory or permitting authority of the District or the County as it now or hereafter exists under applicable laws, rules and regulations. The County shall be responsible for obtaining, at its expense, any and all permits that may be required by any federal, state, regional, municipal or other governmental entity, including the District and the County. 13. Each party shall pay all lawful debts incurred by that party with respect to the Property and shall satisfy all lawful and properly established liens of contractors, subcontractors, mechanics, laborers, and materialmen with respect to any construction, alteration, repair, or improvements in or on the Property authorized by such party, its agents or employees. Each party shall be responsible for its own legal costs and charges, including reasonable attorney's fees on appeal, in any suit involving any claim, lien, judgment or encumbrance suffered by that party as a result of the use or occupancy of the Property or any part thereof by such party, its agents or employees. 14. No party shall use or permit the Property to be used in violation of any present or future law, ordinance, rule or regulation of any governmental authority at any time relating to sanitation or the public health, safety or welfare. 15, Execution of this Agreement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes, regarding archaeological and historical sites. The collection of artifacts or the disturbance of archaeological and historical sites on state-owned lands is prohibited unless prior authorization has been obtained from the State Division of Historical Resources, Page 4 of 9 North Sebastian Conservation Area Addition Management Agreement Draft 16. The County may enter into agreements with third parties to develop and implement the Plan or to subcontract day-to-day management responsibilities upon the Property to private consultants or contractors, environmental, educational or governmental organizations and agencies consistent with the Plan; provided however, that any such third party agreements shall be subject to the prior written approval of District, which shall not be unreasonably withheld, and such third parties shall agree to comply with the terms and conditions of this Agreement. Any such agreements necessary for routine maintenance or previously agreed upon minor improvement of the Property shall not require District's written approval. All concessionaires, organizations and agencies shall be required to obtain from an insurance company licensed in the State of Florida and acceptable to the District liability or indemnity insurance providing for mutually acceptable minimum limits per person in any one claim, and aggregate limits for any number of persons or claims arising from any one incident and with respect to bodily injuries or death resulting therefrom, and for damage to property suffered or alleged to have been suffered by any person or persons resulting from operations under any agreement between either party and its concessionaires or organizations. The District shall be named as an additional insured for any such policies. 17. The District and the County and any other governmental entities involved in management - related activities on the Property shall, throughout the term of this Agreement, maintain in force a program of insurance or self-insurance covering their liabilities as prescribed by section 768.28, Florida Statutes. Nothing in this Agreement shall be construed as a waiver of the parties' sovereign immunity in excess of the waiver set forth in section 768.28, Florida Statutes, or any other provision of. law. The District's liability is further limited by recreational use immunity set forth in section 373.1395, Florida Statutes, and nothing in this Agreement shall be construed as a limitation upon the District's right to assert such immunity. The County shall not take any action that interferes with the application of such immunity. There shall be no charge for public recreational use of the Property. 18. During the term of this Agreement, the County shall pay all taxes (including, but not limited to, intangible personal property taxes and ad valorem taxes or special non -ad valorem assessments) that may be levied or assessed against the Property or the County's improvements and personal property. The County shall cause any third party management agreements to include a provision passing on the responsibility for payment of such taxes to third party managers or users, in which event the County shall monitor the third party manager to ensure that such taxes have been paid. The County may, at its own expense and in its own name and behalf or in the name and behalf of another party, contest any such taxes or special assessments. The District shall cooperate fully with the County in any such contest. 19. This Agreement may be terminated by either party for a material breach hereof. In such event, the terminating party shall give the non -terminating party not less than ninety (90) days written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. The non -terminating party shall have ninety (90) days to cure the breach, or such other time as agreed upon by the parties. If the non -terminating party fails to cure the breach within the specified time period, the terminating party shall issue a Termination for Page 5 of 9 North Sebastian Conservation Area Addition Management Agreement Draft Default Notice, stating the effective date of termination and this Agreement shall be terminated upon the effective date. 20. All notices, consents, approvals, waivers and elections under this Agreement shall be in writing and shall be deemed to have been given and received on the date of the mailing, delivery or transmission thereof when given by: (i) certified mail, postage prepaid, return receipt requested, or (ii) hand delivery to the named individuals below, or (iii) private parcel delivery services or (iv) facsimile transmission for which a receipt is provided to the notifying party. Notices shall be addressed as follows to the parties listed below or to such other address as any party hereto shall designate by like notice given to the other party: District: ST, JOHNS RIVER WATER MANAGEMENT DISTRICT P.O. BOX 1429 PALATKA, FL 32178-1429 ATTENTION: DIRECTOR DIVISION OF LAND MANAGEMENT Fax: (386) 3294848 County: INDIAN RIVER COUNTY 1801 27`h STREET VERO BEACH, FL 32960-3388 ATTENTION: CHIEF, ENVIRONMENTAL PLANNING AND CODE ENFORCEMENT SECTION, COMMUNITY DEVELOPMENT -DEPARTMENT FAX: (772) 978-1806 21. Whenever used herein the terms "District," and "County," include the named party, its officers and employees, the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships, public bodies, and quasi -public bodies. 22. This Agreement constitutes the entire agreement of the parties. There are no understandings dealing with the subject matter hereof other than those contained herein. This Agreement may not be modified, changed or amended, except in writing signed by the parties or their authorized representatives. 23. This Agreement shall be construed and interpreted according to the laws of the State of Florida. It shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties have contributed substantially and materially to the preparation hereof. 24. The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County, Florida. 25. This Agreement may be executed in separate counterparts, which shall not affect its validity. Page 6 of 9 North Sebastian Conservation Area Addition Management Agreement Draft IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, on the date and year first above written. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT KIRBY B. Executed on Approved as to form and content ST.QWLEY J. NI,EGO/ Sr. Assistant Galfieral Counsel, SJRWMD STATE OF FLORIDA PUTNAM COUNTY (SEAL? ." .qt •v! i 4 BEFORE ME, an officer duly authorized to take acknowledgments in the State and County aforesaid, personally appeared Kirby B. Green Ill, to me personally known and known to me to be the Executive Director of the ST. JOHNS RIVER WATER MANAGEMENT District, a public body existing under Chapter 373, Florida Statutes, who being duly authorized, executed the foregoing document, and he acknowledged before me that he executed the same on behalf of the ST. JOHNS RIVER WATER MANAGEMENT District. WITNESS my hand and official seal this 3— day of, 2008. o00 ooB4 Notary Public State of Florida Notary Public (NOTARIAL S Kimberly Crews Player My Commission Expires: y) 1 9 My Commission DD651613 SOF �`0a Ex ices 05/14/2011 Page 7 of 9 North Sebastian Conservation Area Addition Management Agreement Draft t BEFORE ME, an officer duly authorized to take acknowledgments in the State and County aforesaid, personally appeared Kirby B. Green Ill, to me personally known and known to me to be the Executive Director of the ST. JOHNS RIVER WATER MANAGEMENT District, a public body existing under Chapter 373, Florida Statutes, who being duly authorized, executed the foregoing document, and he acknowledged before me that he executed the same on behalf of the ST. JOHNS RIVER WATER MANAGEMENT District. WITNESS my hand and official seal this 3— day of, 2008. o00 ooB4 Notary Public State of Florida Notary Public (NOTARIAL S Kimberly Crews Player My Commission Expires: y) 1 9 My Commission DD651613 SOF �`0a Ex ices 05/14/2011 Page 7 of 9 North Sebastian Conservation Area Addition Management Agreement Draft Attest: J. K. Barton, Clerk am STATE OF FLORIDA INDIAN COUNTY INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNT COMMISSIONERS Sandra L. IB-ou�denairman- Approved: a rman- _ ..; • ; �,. Approved:{May ; 2008 to form and legal! sufficiency: Marian E. Fell Senior Assistant County Attorney BEFORE ME, an officer duly authorized to take acknowledgments in the State and -County aforesaid, personally appeared Sandra L. Bowden as Chairman of Indian River County, who is personally known to me or produced as identification, and who executed the foregoing document, and acknowledged before me that she executed the same. WITNESS my hand and official seal this 20t day of, May 2008. (NOTARIAL SEAL) My Commission Expires: August 6, 2011 Otp,R..:uBli E.M. CASANO *MY COMMISSION N DD 102283 EXPIRES: August 6,2011 011 Ovio; SOelkd Thm Budget Nfty Sees North Sebastian Conservation Area Addition Management Agreement Draft North Sebastian Conservation Area Addition Exhibit "A" w. 0.25 0.125 0 0.25 1:20000 Aathoramoshour, Source:C:iTempt-DFC8EC.tmp,Time:2119200810:31:27AM Legend North Sebastian Conservation Area Addition _ FNAI Florida Public Lands QSection/Township/Range Page 9 of 9 North Sebastian Conservation Area Addition Management Agreement Draft The St. Johns River Water Management District prepares and uses this Inforitiution for its own purposes and this information may not be suitable for other purposes. This information is provided as is. Further documentation of this data can be obtained by contacting: St. Johns River Water Management District, Geographic Information Systems,Progrom Management, P.O.Box 1429, 4049 Reid Street Palatka, Florida 32178.1429 Tel: (386) 329.4176, 1929766 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2272 PG: 2162, 06/17/2008 01:47 PM DOC STAMPS D $49046.20 PREPARED BY: Donald F. Wright, Esq, Wright, Fulford, Moorhead & Brown, P.A. Post Office Box 2828 Orlando, Florida 32802 Record and Return to: Donald F. Wright, Esq. Wright, Fulford, Moorhead & Brown, P.A. Post Office Box 2828 Orlando, Florida 32802 SPACE ABOVE THIS LINE FOR RECORDING DATA WARRANTY DEED THIS WARRANTY DEED made the day of /le' , 2008, by SPIRIT DEVELOPMENT CORP., a Florida corporation, whose mailing address is 1999 Pointe West Drive, Vero Beach, FL 32966, hereinafter called the Grantor, to ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373 of the Florida Statutes, whose address is 4049 Reid Street, Palatka, Florida 32177, hereinafter called the Grantee: (Wherever used herein the terms "Grantors" and "Granted' include all the parties to this insnwnent and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations and public bodies.) WITNESSETH THAT THE Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Indian River County County, Florida, more particularly described to wit: See Exhibit "A" Attached Hereto and Made a Part Hereof TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2007. BK: 2272 PG: 2163 SUBJECT TO all easements, restrictions, reservations and right-of-ways of record. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence in the "pres.,e of: Sign LZ'IeL rs o rfo STATE OF FLORIDA COUNTY OF.rdd)4A RiVC" SPIRIT W ELOPMEENT CORP., a Flori co tion B�G��� y CHARLES MECHLING, President AT 7 /fin MELCHIORI, Secretary The foregoing instrument was acknowledged before me this �3� da of June, y 2008, by CHARLES MECHLING, as President of SPIRTT DEVELOPMENT CORP., who is p=naUy k.,own to me or has produced identification. STATE OF FLORIDA COUNTY OF J'hdiQA �Crv(er M Notary Public �►�Y,� My Commission Expires: ?� 4�W01HEANM MOW * Or ABY MWISSION 1 DD 6062PD EXPIRES: November 11, 2010 e006d Tin DWO Nfty Spon The foregoing instrument was acknowledged before me this .11 day of Lno .11 2008, by STEPHEN MELCHIORI, as Secretary of SPIRIT DEVELOPMENT CORP., who is personally known to me or has produced as identification, rn�Ca la Qnn� Notary Public My Commission Expires: ►t 7 i BK: 2272 PG: 2164 E)14 I 1T "A„ Description of real property situate in Indian River County, Florida: From the North comer of Section 29, FLEMING GRANT, run South 44 degrees 25 minutes 58 seconds East, a distance of 1501.86 feet to a concrete monument at the East comer of the property hereby described for a POINT OF BEGINNING; thence run South 45 degrees 09 minutes 04 seconds West, for a distance of 1406.13 feet; thence North 67 degrees 39 minutes 58 seconds West, for a distance of 759.38 feet to a point; thence North 44 degrees 25 minutes 58 seconds West, for a distance of 2804.92 feet to a point; thence North 45 degrees 54 minutes 02 seconds East for a distance of 1706.10 feet to a point; thence South 44 degrees 25 minutes 58 seconds East, for a distance of 3481.86 feet to the POINT OF BEGINNING.