The URL can be used to link to this page

Home My WebLink About2010-149 (4)This document was prepared by� and should be returned to . / 2074063 the County Attorney's Office % THIS DOCUMENT HAS BEEN 1801 27th Street ,2,. � � Gv RECORDED IN THE PUBLIC RECORDS OF Vero Beach, Florida 32960 AFFIDAVIT BK: 124D2I7 PGAN I2450VER C agel ots 06/24/2010 at 10:25 AM, STATE OF FLORIDA JEFFREY K BARTON, CLERK OF COURT COUNTY OF INDIAN RIVER BEFORE ME, the undersigned notary, personally appeared Alan S. Polackwich, Sr. ("Affiant") who, after being duly sworn, deposes and says: 1. My name is Alan S. Polackwich, Sr., and this affidavit is based on my personal knowledge, information and belief in my capacity as County Attorney for Indian River County, Florida. 2. On May 12, 2009, Grove Isle at Vero Beach Condominium Association, Inc. ("Grove Isle") executed and delivered to Indian River County, Florida a "Covenant to Maintain" ("Covenant") which was recorded at OR Book 830, Page 2954, Public Records of Indian River County, Florida. 3. On April 29, 2010, Grove Isle and the owners of Lots 1 through 16 of River Shores Estates Unit # 3, according to the plat thereof, as recorded in Plat Book 7, Page 55, Public Records of Indian River County, Florida ("River Shores") and Indian River County, Florida (subject to approval by the Board of County Commissioners) entered into a Settlement Agreement in which the parties agreed, among other things, that the Covenant would be released and terminated, and the owners of Lots 1 through 16 of River Shores would maintain the canal between said lots and the property owned by Grove Isle. A true and correct copy of the Settlement Agreement is attached hereto as Exhibit "A". 4. On June 15, 2010, (i) the Board of County Commissioners approved the Settlement Agreement, and (ii) Peter D. O'Bryan, Chairman of the Board of County Commissioners executed the Release from Covenant to Maintain, which document is recorded simultaneously with the recording of this affidavit. 5. The record owners of Lots 1 through 16 of River Shores are: River Shores Estates Unit 3, according to the plat thereof, as recorded in Plat Book 7, Page 55, Public Records of Owners Indian River County, Florida Michael C. Bentley and Lot 1 Jill Ann Bentley, his wife Steven M. Hourican Lot 2 Joseph Leon Turnage Lot 3 Owners Vincent F. Sabia, a single man Marinus W. Conway and Tonya P. Conway, husband and wife Harry L. Crocker and Jean F. Crocker, husband and wife The Paul L. Lucas Living Trust, Paul L. Lucas, Trustee William E. Hayhurst, a single man Daryl W. Harmon and Patricia A. Harmon, husband and wife Rocco Cerro and Annette Cerro, his wife Glenn Konowal and Teresa Konowal, his wife Thomas Michael Emerick and Bernadette Emerick, his wife D. L. Robertson Sylvia Green Joseph Cesareo and Antoinette Cesareo, his wife, a/k/a Antonette Cesareo as Co -Trustees and Joseph Cesareo (as to a life estate) and Antoinette Cesareo, a/k/a Antonette Cesareo (as to a life estate) Joseph Cesareo and Antoinette Cesareo, his wife, a/k/a Antonette Cesareo as Co -Trustees and Joseph Cesareo (as to a life estate) and Antoinette Cesareo, a/k/a Antonette Cesareo (as to a life estate) River Shores Estates Unit 3, according to the plat thereof, as recorded in Plat Book 7, Page 55, Public Records of Indian River County, Florida 0 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 Lot 15 Lot 16 Under penalties of perjury, I declare that I have read the foregoing affidavit and the facts stated in it are true. Alan S. Polackwich, Sr. Affiant '� d SWORN TO AND SUBSCRIBED before me this / day , of June, 2010 by Alan S. Polackwich, Sr., who is personally known to me. NOTARY PUBLIC NANCY H. MOSSALI commission DD 637366 Printed name: d H, MOSSALI SEAL: Expires March 26, 2011 Commission No.: 6oded Thru Tmy Fain Insuma WHAW7019 MI DD 637366 Commission Expiration;,, Aft 26,2011 1�1-- 9flimlWarn.0 hmm IM,457019 3 SETTLEMENT AGREEMENT THIS AGREEMENT is entered into as of the 29th day of April, 2010, as follows: 1. Parties/Definitions. "Grove Isle" shall mean Grove Isle at Vero Beach Condominium Association, Inc., a Florida non-profit corporation. "River Shores" shall mean the owners of Lots 1 through 16, River Shores, Unit 3, Plat Book 7, Page 55, Public Records of Indian River County, Florida. "County" shall mean Indian River County, a political subdivision of the State of Florida. "Canal" shall mean that certain canal which is adjacent to and southerly of River Shores, and is adjacent to and northerly of Grove Isle, in Indian River County, Florida. 2. BackLyround. The Canal is located adjacent to and in between River Shores and Grove Isle. In 1989, Grove Isle agreed to a covenant to maintain the Canal, which covenant is recorded at Official Records Book 830, Page 2954, Public Records of Indian River County, Florida ("Covenant"). Prior to the date of this Agreement, River Shores undertook certain dredging of the Canal at an approximate cost of $215,000. Grove Isle is willing to pay a portion of such costs. River Shores agrees with the County to release and terminate the Covenant. 3. Aereement. (i) Grove Isle shall pay to River Shores the sum of $75,000, in a check made payable to "Mike Bentley." Payment shall be made within thirty (30) days from the date hereof; provided, however, that if the conditions set forth in paragraph 5 below have not been satisfied within such thirty (30) day period, the check shall be delivered to Indian River County Attorney, Alan S. Polackwich, Sr., to be held in escrow and delivered to River Shores upon satisfaction of the conditions set forth in paragraph 5 below. Each owner of River Shores agrees that the check from Grove Isle may be payable to and delivered to Mike Bentley for distribution to River Shores owners; (ii) River Shores agrees to maintain the Canal in the future to standards acceptable to River Shores. Grove Isle shall have no responsibility for maintenance of the Canal in the future. Grove Isle shall be permitted to use the Canal; (iii) River Shores and Grove Isle acknowledge and agree that the County shall have no responsibility for maintenance of the Canal, in the past or in the future. Any dispute in the future relating to maintenance of the Canal shall be considered a private contractual matter between River Shores and Grove Isle; (iv) Within ten (10) days from the date hereof, Grove Isle will file an Administrative Approval Site Plan Application ("Site Plan Application") with the County, requesting that the County release and terminate the Covenant. County staff will recommend approval of the Site Plan Application to the Board of County Commissioners, which will have final authority with respect to approval and disapproval of the Site Plan Application; and (v) River Shores and Grove Isle shall each pay one-half of the invoice presented by Gene Roddenberry, mediator. Payment shall be due within five (5) days of receipt of such invoice, and shall not be contingent upon satisfaction of the conditions set forth in paragraph 5 below. 4. Release. Upon the effective date of this Agreement, each party releases, satisfies and discharges each other party from all claims, liabilities and causes of action arising out of or relating to the Canal and the Covenant. 5. Effective Date. This Agreement shall become effective upon satisfaction of the following conditions: (i) the consent and joinder to this Agreement by all owners of River Shores, which consent or joinder may be by original or fax signature to Exhibit "A" attached hereto, or by email or other written communication indicating such consent or joinder; (ii) approval of this Settlement Agreement, and release and termination of the Covenant, by the Board of County Commissioners of Indian River County, Florida; and (iii) approval of this Agreement by Grove Isle's attorney, Charles W. McKinnon. If attorney McKinnon does not deliver written objection to Alan S. Polackwich, Sr. within ten (10) days from the date first set forth above, attorney McKinnon shall be deemed to have approved this Agreement. 6. Successors and Assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors and assigns. Grove Isle at Vero Beach Condominium Association, Inc. By -1&Z Steph n M. Carey, President Indian River County, Florida By: Alan S. Polackwich, Sr., County Attorney �►�� William E. Hayhurst River Shores — Lot 10 avev A Rocccco� Cerro Annette Cerro EXHIBIT "A" TO SETTLEMENT AGREEMENT CONSENT AND JOINDER TO SETTLEMENT AGREEMENT By signing below (original or fax signature acceptable), or otherwise providing written consent to the Settlement Agreement, each River Shores owner: (i) agrees to the Settlement Agreement, (ii) agrees that the settlement funds paid by Grove Isle may be made payable to and. delivered to Mike Bentley, for subsequent distribution to River Shores owners, and (iii) represents that he/she is authorized to sign on behalf of any other owners of his/her lot who have not signed this consent and joinder. Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 i0� Y�M TO SETTLnmgT AGS CONSENT AND JOROM TO MMMMT AST HY sip ins blow Ca'4 W ar fax OPoMm aca"NO), ac vd,erwim MnIS writtet, c umCM to the SOt deettaot Agraeum nt, cash River 91%z a owtur: a) opma to the Sommftt APmumw4 00 we= that the settlement fmWB paid by amm 1* may be made payable to anmd drliwred to I►+W= Henley, for mbuqum dindbouco to River 8bocm owsaa, aced (iu) coP=Mts thwt hdshe is =*Mdzed to AfSn .on tx+W of any atdar owm a of 1d*wlot wba tmve nvt dpw this cowwt and jainft. Lot 1 Lot Z Lot 3 Loot 4 Lot S Lot 6 Lot 7 Lot 8 Lot 9 Trot 10 Lot 11 Lot a Lot 13 Lot 14 Ag. 15 -i ,*Lot 16