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Home My WebLink About2010-149 (2)This document was prepared by and should be returned to the County Attorney's Office /. 2074083 THIS DOCUMENT HAS BEEN 1801 27th Street RECORDED IN THE PUBLIC RECORDS Vero Beach, Florida 32960 AFFIDAVIT BK INDIAN RIVER COUNTY FL BK: 2427 PG:2450, Pagel of 9 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 0 Indian River County, Florida. , • ,t � 2. On May 12, �2Qe9, Grove Isle at Vero Beach Condominium Association, rn a, Inc. ("Grove Isle") executed and delivered to Indian River County, Florida a "Covenant to Maintain" ("Covenant") which was recorded at OR Book 830, Page Uo 2954, Public Records of Indian River County, Florida. $4 a) a o N . 4 3. On April 29, 2010, Grove Isle and the owners of Lots 1 through 16 of River v U Shores Estates Unit # 3, according to the plat thereof, as recorded in Plat Book W m 7, Page 55, Public Records of Indian River County, Florida ("River Shores") and Q o Indian River County, Florida (subject to approval by the Board of County ro � r. Commissioners) entered into a Settlement Agreement in which the parties o o agreed, among other things, that the Covenant would be released and 0 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 a, ro W correct copy of the Settlement Agreement is attached hereto as Exhibit "A". 34 S4 O M r (13 U o rn 4. On June 15, 2010, (i) the Board of County Commissioners approved the AH a Settlement Agreement, and (ii) Peter D. O'Bryan, Chairman of the Board of >4 o o County Commissioners executed the Release from Covenant to Maintain, which En ° .0 _Wdocument is recorded simultaneously with the recording of this affidavit. >4 (CI rO ani En a ro 5. The record owners of Lots 1 through 16 of River Shores are: o 1 W River Shores Estates Unit 3, according 'n a) > A to the plat thereof, as recorded in Plat M -H M Book 7, Page 55, Public Records of 111. U 0 M Owners Indian River County, Florida H W z� Michael C. Bentley and Lot 1 Jill Ann Bentley, his wife Steven M. Hourican Lot 2 Joseph Leon Turnage Lot 3 2078976 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2432 PG:2299, Pagel of 9 07/19/2010 at 02:58 PM, 1 JEFFREY K BARTON, CLERK OF COURT 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 2 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 SWORN TO AND SUBSCRIBED before me this / d ' day of June, 2010 by Alan S. Polackwich, Sr., who is personally known to me. STATE OF FLORIDA COUNTY OF INDIAN RIVER Scrivener's error on page 1, paragraph numbered 2, was corrected and subscribed before me this 16th day of July, 2010 by Alan S. Polackwich, Sr., who is personally known to me. SEAL:NANCY H. MOSSALI _•; Commission DD 637366 2011 h'lr V` EZP1 TNuTroyFonftwm 110a4*7w@ NOTARY PUBLIC Printed name: Commission No.: Commission Expiration: 3 NOTARY PUBLIC By =r:� NANCY H.MOSSALI Printed name: * SEAL: �` � '-..�mmisMar DD 637366 expires March 26, 2011 Commission NO.: �`�a y9Y W, MOSSALI c F,. EonWTnruTmyFain inwranc M385-7ol9 Commission ExpirationAINODD637366 Much 26, 2011 i41�si�eqwn�noaaoo,�s7aie �, STATE OF FLORIDA COUNTY OF INDIAN RIVER Scrivener's error on page 1, paragraph numbered 2, was corrected and subscribed before me this 16th day of July, 2010 by Alan S. Polackwich, Sr., who is personally known to me. SEAL:NANCY H. MOSSALI _•; Commission DD 637366 2011 h'lr V` EZP1 TNuTroyFonftwm 110a4*7w@ NOTARY PUBLIC Printed name: Commission No.: Commission Expiration: 3 SETTLEMENT AGREEMENT THIS AGREEMENT is entered into as of the 291h 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. Backiround. 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. Agreement. (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. B y: Steph n M. Carey, President IndianRiver County, Florida By: Alan S. Polackwich, Sr., County Attorney William E. Hayhurst River Shores - Lot 10 Rocco 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 U Lot 4 c Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 1p Lot 11 _ Lot 12 Lot 13 Lot 14 -ALot 15 -' Lot 16 _. Q EJUIMIT "A'" TO SE'ITLB uW AGRnbiu CYC Co"ENT AM JOI NM TO 8977740HIM ACXMZbjMW By extnint blow (aigimd or fax dpoftm accVW&), ac Www+ise COMM to the Selly Wit, each River Sham owner6 written U) opm to the mat Agtoo =K 00 drliva+ed to Ma 8ant1 � do tle tt funds Paid by C L* nay be made paymble to and ey+ went distnibutm tp Rim 8h,, wm,, Id (iii) o pceecnb that he/she is mud to sPSn.on behalf of any O&W owoera of hislher lot who have 40 sigh d di COmt std joinder: Lot 1 Lot 2 Let 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot S Lot 9 I.ot It' Lot ii Lot 12 Lot 13 y�Lot 14 �n tot I3 14 Lot 16