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HomeMy WebLinkAbout2021-021AATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into this day of , 2021 (the "Effective Date"), by and between Indian River County, a political subdivision of the State of Florida, whose principal address is 1801 27th Street, Vero Beach, Florida, 32960 (the "County"), Joseph H. Graves, whose address is 3885 20th Street, Vero Beach, Florida, 32960, Jimmy Graves Foundation,. Inc., a Florida not for profit entity, whose principal address is 1900 16th Street, Vero Beach Florida, 32960, and Jimmy Graves Sports Complex, LLC, a Florida limited liability company, whose principal address is 3885 20th Street, Vero Beach, Florida, 32960 (collectively referred to as the "Property Owners"), and the School Board of Indian River County, whose principal address is 6500 57th Street, Vero Beach, Florida, 32967 (the "School Board"). RECITALS: WHEREAS, on March 14, 2017, Joseph H. Graves advised the Indian River County Board of County Commissioners that he wanted to purchase from the County what is known as the 16`h Street Balyiields (the "Field") and dedicate the Field as an asset for the young people of the community; and WHEREAS, at that meeting, Joseph H. Graves affirmed that the Field would never be used for anything other than recreational, non-profit, or charitable uses; and WHEREAS, the County voted to: (1) approve the terms of the proposed purchase of the Field by the Jimmy Graves Foundation, Inc. at a price of $250,000, and authorize the Chairman to execute the letter and all other documents necessary to effectuate the sale; and (2) direct staff to negotiate the final terms of the Purchase Agreement between the County and the Jimmy Graves Foundation, Inc. and to cooperate with the Jimmy Graves Foundation, Inc. during the due diligence period; and WHEREAS, the County and Jimmy Graves Foundation, Inc. entered into a purchase and sale agreement for the Field, which stated that the "Purchaser agrees that there shall be a deed restriction on the property limiting the primary use of the property to recreational activities, youth related activities or otherwise charitable activities"; and WHEREAS, the deed to the Field was recorded without a deed restriction; and WHEREAS, in August 2019, the Jimmy Graves Foundation. Inc. transferred ownership of the Field to the Jimmy Graves Sports Complex, Inc.; and WHEREAS, the School Board subsequently expressed interest in acquiring the Field; and WHEREAS, the Property Owners decided to donate the Field to the School Board; and WHEREAS, the School Board agreed that a restrictive covenant will be recorded with regard to the Field which will include language "limiting the primary use of the property to Page 1 of 5 ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK recreational activities, youth related activities, or otherwise charitable activities;" and would further also "not limit or prohibit the construction of any legally permitted buildings or structures which are in furtherance of the permitted primary uses or charitable purposes." The recorded restrictive covenant would also contain language that the restrictive covenant "shall not be released or amended without the prior written, recordable consent of Indian River County" such that the County will have the authority to enforce the restriction; and WHEREAS, the School Board requested additional language be added to the restrictive covenant to address issues relating to the use of potential bonds for the improvement for the Field; and WHEREAS, the restrictive covenant which is attached hereto as Exhibit "A" is the result of negotiations with the County and School Board; and WHEREAS, the parties to this Agreement wish to resolve the issues pertaining to the use and transfer of the Field. NOW, THEREFORE, for and in consideration of mutual covenants contained herein, and intending to be legally bound, the County, Property Owners and School Board agree as follows: 1. Recitals. The Parties acknowledge and represent that the foregoing Recitals are true and correct, and the Recitals are incorporated herein. 2. Dismissal and Release. The County agrees to dismiss with prejudice the pending litigation in Indian River County, a political subdivision of the State of Florida v. Jimmy Graves Foundation, Inc. and Jimmy Graves Sports Complex, LLC, Case No. 31-2020-CA-000690- XXXXXX, filed in the Circuit Court of the Nineteenth Judicial Circuit, in and for Indian River County, Florida, against the Property Owners relating to the use of the Field upon receipt of the deed from the Property Owners to the School Board. County agrees to dismiss the lawsuit simultaneously with the closing. County agrees to provide an order of dismissal to the School Board if received. 3. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto, their parents, subsidiaries, divisions, affiliates, related and/or jointly owned or controlled entities and the successors and assigns of each and personal representatives and heirs. 4. Authority to Consent. Each party represents and warrants that they have executed this Settlement Agreement freely, fully intending to be bound by the terms and conditions contained herein; that it has fully corporate power and authority to execute, deliver and perform this Agreement; that prior to the execution of this Agreement, all corporate actions of the Parties necessary for the execution, delivery and performance of this Agreement by the Party has been duly taken; and that this Settlement Agreement has been duly authorized and executed by the Party, is the legal, valid and binding obligation of the Party, and is enforceable as to each Party in accordance with its terms. Page 2 of 5 ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 5. Further Assurances. The Parties shall each cooperate with the other in good faith to perform any further acts and shall execute such further documents and shall perform such further acts as may be reasonably necessary and appropriate to carry out and accomplish the intent of this Settlement Agreement and its terms. 6. Representation by Counsel. Each Party has had the opportunity to be represented by counsel in connection with the drafting and effect of this Settlement Agreement, has a full understanding of these provisions and understands the injunction, release and waiver provisions set forth herein. 7. Applicable law and venue. This Agreement shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection with this Agreement shall be brought in Indian River County, Florida. 8. Counterparts. This Agreement may be executed in any number of counterparts, all of which together shall constitute one and the same instrument and agreement and facsimile signatures are as valid as original signatures. INDIAN RIVER COUNTY t� coiMiss BOARD OF COUNTY COMMISSIONER ..........o'�•. .•moo . �?F�� ,' By' Joseph E. Flesc er, Chairman .o9y�• � ,� .off,. ate approved: February 2, 2021 ATTEST: Jeffrey R. Smith Cler Court and C ptroller ByG�1 - A),tW1q1 Deputy Clerk LIM Jason to form and legal sufficiency: By ylan Reingold, County Attorney Page 3 of 5 ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK JIMMY GRAVES FOUNDATION, INC. 2 STATE OF FLORIDA ) ) ss.: COUNTY OF INDIAN RIVER ) Joseph H. Graves, President Sworn to and subscribed before me this day of , 2021, by Joseph H. Graves, the President of JIMMY GRAVES FOUNDATION, INC., who is personally known to me or produced STATE OF FLORIDA ) ) ss.. COUNTY OF INDIAN RIVER ) as identification. Notary Public JIMMY GRAVES SPORTS COMPLEX, LLC Joseph H. Graves, Manager Sworn to and subscribed before me this day of , 2021, by Joseph H. Graves, the Manager of JIMMY GRAVES SPORTS COMPLEX, LLC, who is personally known to me or produced as identification. Notary Public Page 4 of 5 SCHOOL BOARD OF INDIAN RIVER COUNTY LM A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK David K. Moore, Ed., D., Superintendent Date approved: STATE OF FLORIDA ) ) ss.. COUNTY OF INDIAN RIVER ) Sworn to and subscribed before me this day of 12021, by David K. Moore, Ed., D., the Superintendent of the SCHOOL BOARD OF INDIAN RIVER COUNTY, who is personally known to me or produced as identification. Notary Public Page 5 of 5 ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK EXHIBIT "A" TO SETTLEMENT AGREEMENT Prepared by and return to: Catherine D. Reischmann, Esq. 111 N. Orange Ave., Suite 2000 Orlando, FL 32802 DECLARATION OF COVENANT AND RESTRICTION THIS DECLARATION OF COVENANT AND RESTRICTION (the "Declaration"), is made and entered into on this day of , 2021, by and between THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, a Florida political subdivision, of 6500 57th Street, Vero Beach, FL 32967 (hereinafter referred to as "Declarant"), and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, of 1801 27th Street, Vero Beach, FL 32960 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, Declarant is the owner in fee simple of certain real property located in Indian River County, Florida more particularly described in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, at County's request, Declarant has voluntarily agreed to impose a specific covenant and restriction limiting the use of the Property. NOW, THEREFORE, Declarant hereby declares that the Property shall be held, transferred, sold, conveyed, leased, and mortgaged subject to the following covenant and restriction which shall run with the Property and be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. 1. Covenant and Restriction. Declarant hereby declares, creates and imposes a restrictive covenant limiting the primary use of the Property to recreational activities, youth related activities, or otherwise charitable activities. This covenant does not limit or prohibit the construction of any legally permitted buildings or structures which are in furtherance of the permitted primary uses or charitable purposes. Provided, however, that in the event the Declarant determines to finance educational facilities located on the Property through the issuance of Certificates of Participation or other financing structure, such restriction shall not be in effect due to the use of the Property for other purposes during the term of any ground lease entered into by the Declarant to finance educational facilities located on the Property under the Declarant's master lease - purchase finance program as the result of an event of default under the master trust agreement related thereto. ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 2. Further, Declarant declares that this restrictive covenant shall not be released or amended without the prior written consent of the County, and the release shall be recorded in the Public Records in Indian River County, Florida. 3. Consent of County. The County, by signing below, has approved the Covenant and Restriction stated above, and agrees to be bound by it. 4. Severability. If any provision of this Declaration is hereafter expressly declared by a court of proper jurisdiction to be invalid or unenforceable, then such provision shall be canceled and severed from this Declaration and the other provisions of this Declaration shall continue in full force and effect. IN WITNESS WHEREOF, this Declaration has been made as of the date first above written. WITNESSES: (print) (print) STATE OF FLORIDA COUNTY OF INDIAN RIVER SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, a Florida political subdivision ME Brian M. Barefoot, Chair ATTEST: an David K. Moore, Ed., D., Superintendent Date: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2021, by Brian M. Barefoot, Chair of the School Board of Indian River County, Florida, (check one) ❑ who is personally known to me or ❑ who produced as identification. Notary Public — State of Florida Print Name: My Commission expires: 2 A TRUE COPY CERTIFICATION ON LAST PAGE JR. SMITH, CLERK INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS DO Joseph E. Flescher, Chairman Approved by BCC: February 2, 2021 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2021, by Joseph E. Flescher, Chairman of the Indian River County, Florida, Board of County Commissioners (check one) ❑ who is personally known to me or ❑ who produced as identification. Notary Public — State of Florida Print Name: My Commission expires: 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK EXHIBIT "A" [PROPERTY] Commence at the Southwest corner of the Southeast 1/4 of said Section 2, Township 33 South, Range 39 East, Indian River County, Florida; thence run North 00 degrees 02 minutes 39 seconds East, along the West line of the Southeast 1/4 of Section 2, a distance of 80.00 feet to a point on the Westerly extension of the North right of way line of 16th street; thence run South 89 degrees 40 minutes 13 seconds East along said Westerly extension, a distance of 80.00 feet to the East right of way line of 20th Avenue, for a Point of Beginning; thence run along said East right of way line of 20th Avenue, North 00 degrees 02 minutes 39 seconds East, parallel with and 80.00 feet East of the West line of the Southeast 1/4 of said Section 2, a distance of 650.41 feet; thence departing said East right of way line, run South 89 degrees 25 minutes 35 seconds East, a distance of 373.62 feet; thence run South 00 degrees 10 minutes 11 seconds West, a distance of 48.55 feet; thence run South 89 degrees 43 minutes 15 seconds East, a distance of 243.87 feet; thence run South 00 degrees 14 minutes 16 seconds West, a distance of 136.70 feet ; thence run South 89 degrees 48 minutes 41 seconds East a distance of 250.00 feet to a point on the West right of way line of 17th Avenue; thence run South 00 degrees 36 minutes 02 seconds West, along said West right of way line, a distance of 464.40 feet to a point on the North right of way line of 16th street; thence departing said West right of way line, run North 89 degrees 40 minutes 13 seconds West along said North right of way line, parallel with and 80.00 feet North of the South line of the Southeast 1/4 of said Section 2, a distance of 862.40 feet to the Point of Beginning. LESS AND EXCEPT that portion of the above described property known as IRC EMERGENCY SVCS DIST PARCEL and being more particularly described as follows: A parcel of land lying in Section 2, Township 33 South, Range 39 East; said parcel adjoining the South line of St. Francis Manor, as described in Official Records Book 516, Page 305, Public Records of Indian River County, Florida; being more particularly described as follows: Commence at the Southwest corner of the Southeast one-quarter of said Section 2; thence run North 00 degrees 02 minutes 39 seconds East, along the West line of the Southeast one-quarter of said section 2, a distance of 730.75 feet to the intersection of said West line and the Westerly extension of the South line of the aforesaid St. Francis Manor parcel; thence departing said West line run South 89 degrees 25 minutes 35 seconds East, a distance of 80.00 feet to the Southwest corner of the aforesaid St. Francis Manor parcel, said point also lying on the East right of way line of 20th Avenue, for a POINT OF BEGINNING; thence run South 89 degrees 25 minutes 35 seconds East, along said South line, a distance of 373.62 feet to the Southeast corner of the aforesaid St. Francis Manor; thence departing said South line run South 00 degrees 10 minutes 11 seconds West, a distance of 48.55 feet; thence run North 89 degrees 45 minutes 09 seconds West, a distance of 373.50 feet to a point on the aforesaid East right of way line of 20th Avenue; thence run North 00 degrees 02 minutes 39 seconds East, along said East right of way line, a distance of 50.68 feet to the POINT OF BEGINNING. 4 ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into this day of , 2021 (the "Effective Date"), by and between Indian River County, a political subdivision of the State of Florida, whose principal address is 1801 27th Street, Vero Beach, Florida, 32960 (the "County"), Joseph H. Graves, whose address is 3885 20th Street, Vero Beach, Florida, 32960, Jimmy Graves Foundation,. Inc., a Florida not for profit entity, whose principal address is 1900 16th Street, Vero Beach Florida, 32960, and Jimmy Graves Sports Complex, LLC, a Florida limited liability company, whose principal address is 3885 20th Street, Vero Beach, Florida, 32960 (collectively referred to as the "Property Owners"), and the School Board of Indian River County, whose principal address is 6500 57th Street, Vero Beach, Florida, 32967 (the "School Board"). RECITALS: WHEREAS, on March 14, 2017, Joseph H. Graves advised the Indian River County Board of County Commissioners that he wanted to purchase from the County what is known as the 16`h Street Bal ffields (the "Field") and dedicate the Field as an asset for the young people of the community; and WHEREAS, at that meeting, Joseph H. Graves affirmed that the Field would never be used for anything other than recreational, non-profit, or charitable uses; and WHEREAS, the County voted to: (1) approve the terms of the proposed purchase of the Field by the Jimmy Graves Foundation, Inc. at a price of $250,000, and authorize the Chairman to execute the letter and all other documents necessary to effectuate the sale; and (2) direct staff to negotiate the final terms of the Purchase Agreement between the County and the Jimmy Graves Foundation, Inc. and to cooperate with the Jimmy Graves Foundation, Inc. during the due diligence period; and WHEREAS, the County and Jimmy Graves Foundation, Inc. entered into a purchase and sale agreement for the Field, which stated that the "Purchaser agrees that there shall be a deed restriction on the property limiting the primary use of the property to recreational activities, youth related activities or otherwise charitable activities"; and WHEREAS, the deed to the Field was recorded without a deed restriction; and WHEREAS, in August 2019, the Jimmy Graves Foundation. Inc. transferred ownership of the Field to the Jimmy Graves Sports Complex, Inc.; and WHEREAS, the School Board subsequently expressed interest in acquiring the Field; and WHEREAS, the Property Owners decided to donate the Field to the School Board; and WHEREAS, the School Board agreed that a restrictive covenant will be recorded with regard to the Field which will include language "limiting the primary use of the property to Page 1 of 5 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK recreational activities, youth related activities, or otherwise charitable activities;" and would further also "not limit or prohibit the construction of any legally permitted buildings or structures which are in furtherance of the permitted primary uses or charitable purposes." The recorded restrictive covenant would also contain language that the restrictive covenant "shall not be released or amended without the prior written, recordable consent of Indian River County" such that the County will have the authority to enforce the restriction; and WHEREAS, the School Board requested additional language be added to the restrictive covenant to address issues relating to the use of potential bonds for the improvement for the Field; and WHEREAS, the restrictive covenant which is attached hereto as Exhibit "A" is the result of negotiations with the County and School Board; and WHEREAS, the parties to this Agreement wish to resolve the issues pertaining to the use and transfer of the Field. NOW, THEREFORE, for and in consideration of mutual covenants contained herein, and intending to be legally bound, the County, Property Owners and School Board agree as follows: 1. Recitals. The Parties acknowledge and represent that the foregoing Recitals are true and correct, and the Recitals are incorporated herein. 2. Dismissal and Release. The County agrees to dismiss with prejudice the pending litigation in Indian River County, apolitical subdivision of the State of Florida v. Jimmy Graves Foundation, Inc. and Jimmy Graves Sports Complex, LLC, Case No. 31-2020-CA-000690- XXXXXX, filed in the Circuit Court of the Nineteenth Judicial Circuit, in and for Indian River County, Florida, against the Property Owners relating to the use of the Field upon receipt of the deed from the Property Owners to the School Board. County agrees to dismiss the lawsuit simultaneously with the closing. County agrees to provide an order of dismissal to the School Board if received. 3. BindingEffect. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto, their parents, subsidiaries, divisions, affiliates, related and/or jointly owned or controlled entities and the successors and assigns of each and personal representatives and heirs. 4. Authority to Consent. Each party represents and warrants that they have executed this Settlement Agreement freely, fully intending to be bound by the terms and conditions contained herein; that it has fully corporate power and authority to execute, deliver and perform this Agreement; that prior to the execution of this Agreement, all corporate actions of the Parties necessary for the execution, delivery and performance of this Agreement by the Party has been duly taken; and that this Settlement Agreement has been duly authorized and executed by the Party, is the legal, valid and binding obligation of the Party, and is enforceable as to each Party in accordance with its terms. Page 2 of 5 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 5. Further Assurances. The Parties shall each cooperate with the other in good faith to perform any further acts and shall execute such further documents and shall perform such further acts as may be reasonably necessary and appropriate to carry out and accomplish the intent of this Settlement Agreement and its terms. 6. Representation by Counsel. Each Party has had the opportunity to be represented by counsel in connection with the drafting and effect of this Settlement Agreement, has a full understanding of these provisions and understands the injunction, release and waiver provisions set forth herein. 7. Applicable law and venue. This Agreement shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection with this Agreement shall be brought in Indian River County, Florida. 8. Counterparts. This Agreement may be executed in any number of counterparts, all of which together shall constitute one and the same instrument and agreement and facsimile signatures are as valid as original signatures. ATTEST.- Jeffrey TTEST: Jeffrey R. Smith Clerk of Court and Comptroller By 0 Deputy Clerk Approved: LOW Jason E. jBrgwn, County Administrator Approved as to form and legal sufficiency: By an Reingold, County Attorney INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONEtiM�sso�.9 B y Joseph E. Flescher, Chairman -` :iso/• �' � :oda ate approved: February 2, 2021 •.'�FR'cou�� Page 3 of 5 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK JIMMY GRAVES FOUNDATION, INC. LM STATE OF FLORIDA ) ) ss.: COUNTY OF INDIAN RIVER ) Joseph H. Graves, President Sworn to and subscribed before me this day of , 2021, by Joseph H. Graves, the President of JIMMY GRAVES FOUNDATION, INC., who is personally known to me or produced STATE OF FLORIDA ) ) ss.. COUNTY OF INDIAN RIVER ) as identification. Notary Public JIMMY GRAVES SPORTS COMPLEX, LLC LM Joseph H. Graves, Manager Sworn to and subscribed before me this day of , 2021, by Joseph H. Graves, the Manager of JIMMY GRAVES SPORTS COMPLEX, LLC, who is personally known to me or produced as identification. Notary Public Page 4 of 5 SCHOOL BOARD OF INDIAN RIVER COUNTY I'M A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK David K. Moore, Ed., D., Superintendent Date approved: STATE OF FLORIDA ) ) ss.. COUNTY OF INDIAN RIVER ) Sworn to and subscribed before me this day of , 2021, by David K. Moore, Ed., D., the Superintendent of the SCHOOL BOARD OF INDIAN RIVER COUNTY, who is personally known to me or produced as identification. Notary Public Page 5 of 5 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK EXHIBIT "A" TO SETTLEMENT AGREEMENT Prepared by and return to: Catherine D. Reischmann, Esq. 111 N. Orange Ave., Suite 2000 Orlando, FL 32802 DECLARATION OF COVENANT AND RESTRICTION THIS DECLARATION OF COVENANT AND RESTRICTION (the "Declaration"), is made and entered into on this day of , 2021, by and between THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, a Florida political subdivision, of 6500 57th Street, Vero Beach, FL 32967 (hereinafter referred to as "Declarant"), and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, of 1801 27ah Street, Vero Beach, FL 32960 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, Declarant is the owner in fee simple of certain real property located in Indian River County, Florida more particularly described in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, at County's request, Declarant has voluntarily agreed to impose a specific covenant and restriction limiting the use of the Property. NOW, THEREFORE, Declarant hereby declares that the Property shall be held, transferred, sold, conveyed, leased, and mortgaged subject to the following covenant and restriction which shall run with the Property and be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. 1. Covenant and Restriction. Declarant hereby declares, creates and imposes a restrictive covenant limiting the primary use of the Property to recreational activities, youth related activities, or otherwise charitable activities. This covenant does not limit or prohibit the construction of any legally permitted buildings or structures which are in furtherance of the permitted primary uses or charitable purposes. Provided, however, that in the event the Declarant determines to finance educational facilities located on the Property through the issuance of Certificates of Participation or other financing structure, such restriction shall not be in effect due to the use of the Property for other purposes during the term of any ground lease entered into by the Declarant to finance educational facilities located on the Property under the Declarant's master lease - purchase finance program as the result of an event of default under the master trust agreement related thereto. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 2. Further, Declarant declares that this restrictive covenant shall not be released or amended without the prior written consent of the County, and the release shall be recorded in the Public Records in Indian River County, Florida. 3. Consent of County. The County, by signing below, has approved the Covenant and Restriction stated above, and agrees to be bound by it. 4. Severability. If any provision of this Declaration is hereafter expressly declared by a court of proper jurisdiction to be invalid or unenforceable, then such provision shall be canceled and severed from this Declaration and the other provisions of this Declaration shall continue in full force and effect. IN WITNESS WHEREOF, this Declaration has been made as of the date first above written. WITNESSES: (print) (print) STATE OF FLORIDA COUNTY OF INDIAN RIVER SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, a Florida political subdivision M. Brian M. Barefoot, Chair ATTEST: By: David K. Moore, Ed., D., Superintendent Date: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2021, by Brian M. Barefoot, Chair of the School Board of Indian River County, Florida, (check one) ❑ who is personally known to me or ❑ who produced as identification. Notary Public — State of Florida Print Name: My Commission expires: 14 A TRUE COPY 7RTIFICATION ON LAST PAGE lR. SMITH, CLERK INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher, Chairman Approved by BCC: February 2, 2021 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2021, by Joseph E. Flescher, Chairman of the Indian River County, Florida, Board of County Commissioners (check one) ❑ who is personally known to me or ❑ who produced as identification. Notary Public — State of Florida Print Name: My Commission expires: A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK EXHIBIT "A" [PROPERTY] Commence at the Southwest corner of the Southeast 1/4 of said Section 2, Township 33 South, Range 39 East, Indian River County, Florida; thence run North 00 degrees 02 minutes 39 seconds East, along the West line of the Southeast 1/4 of Section 2, a distance of 80.00 feet to a point on the Westerly extension of the North right of way line of 16th street; thence run South 89 degrees 40 minutes 13 seconds East along said Westerly extension, a distance of 80.00 feet to the East right of way line of 20th Avenue, for a Point of Beginning; thence run along said East right of way line of 20th Avenue, North 00 degrees 02 minutes 39 seconds East, parallel with and 80.00 feet East of the West line of the Southeast 1/4 of said Section 2, a distance of 650.41 feet; thence departing said East right of way line, run South 89 degrees 25 minutes 35 seconds East, a distance of 373.62 feet; thence run South 00 degrees 10 minutes 11 seconds West, a distance of 48.55 feet; thence run South 89 degrees 43 minutes 15 seconds East, a distance of 243.87 feet; thence run South 00 degrees 14 minutes 16 seconds West, a distance of 136.70 feet ; thence run South 89 degrees 48 minutes 41 seconds East a distance of 250.00 feet to a point on the West right of way line of 17th Avenue; thence run South 00 degrees 36 minutes 02 seconds West, along said West right of way line, a distance of 464.40 feet to a point on the North right of way line of 16th street; thence departing said West right of way line, run North 89 degrees 40 minutes 13 seconds West along said North right of way line, parallel with and 80.00 feet North of the South line of the Southeast 1/4 of said Section 2, a distance of 862.40 feet to the Point of Beginning. LESS AND EXCEPT that portion of the above described property known as IRC EMERGENCY SVCS DIST PARCEL and being more particularly described as follows: A parcel of land lying in Section 2, Township 33 South, Range 39 East; said parcel adjoining the South line of St. Francis Manor, as described in Official Records Book 516, Page 305, Public Records of Indian River County, Florida; being more particularly described as follows: Commence at the Southwest corner of the Southeast one-quarter of said Section 2; thence run North 00 degrees 02 minutes 39 seconds East, along the West line of the Southeast one-quarter of said section 2, a distance of 730.75 feet to the intersection of said West line and the Westerly extension of the South line of the aforesaid St. Francis Manor parcel; thence departing said West line run South 89 degrees 25 minutes 35 seconds East, a distance of 80.00 feet to the Southwest corner of the aforesaid St. Francis Manor parcel, said point also lying on the East right of way line of 20th Avenue, for a POINT OF BEGINNING; thence run South 89 degrees 25 minutes 35 seconds East, along said South line, a distance of 373.62 feet to the Southeast corner of the aforesaid St. Francis Manor; thence departing said South line run South 00 degrees 10 minutes 11 seconds West, a distance of 48.55 feet; thence run North 89 degrees 45 minutes 09 seconds West, a distance of 373.50 feet to a point on the aforesaid East right of way line of 20th Avenue; thence run North 00 degrees 02 minutes 39 seconds East, along said East right of way line, a distance of 50.68 feet to the POINT OF BEGINNING. 4 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into this day of , 2021 (the "Effective Date"), by and between Indian River County, a political subdivision of the State of Florida, whose principal address is 1801 27th Street, Vero Beach, Florida, 32960 (the "County"), Joseph H. Graves, whose address is 3885 20th Street, Vero Beach, Florida, 32960, Jimmy Graves Foundation,. Inc., a Florida not for profit entity, whose principal address is 1900 16th Street, Vero Beach Florida, 32960, and Jimmy Graves Sports Complex, LLC, a Florida limited liability company, whose principal address is 3885 20th Street, Vero Beach, Florida, 32960 (collectively referred to as the "Property Owners"), and the School Board of Indian River County, whose principal address is 6500 57th Street, Vero Beach, Florida, 32967 (the "School Board"). RECITALS: WHEREAS, on March 14, 2017, Joseph H. Graves advised the Indian River County Board of County Commissioners that he wanted to purchase from the County what is known as the 16rh Street Balyiields (the "Field") and dedicate the Field as an asset for the young people of the community; and WHEREAS, at that meeting, Joseph H. Graves affirmed that the Field would never be used for anything other than recreational, non-profit, or charitable uses; and WHEREAS, the County voted to: (1) approve the terms of the proposed purchase of the Field by the Jimmy Graves Foundation, Inc. at a price of $250,000, and authorize the Chairman to execute the letter and all other documents necessary to effectuate the sale; and (2) direct staff to negotiate the final terms of the Purchase Agreement between the County and the Jimmy Graves Foundation, Inc. and to cooperate with the Jimmy Graves Foundation, Inc. during the due diligence period; and WHEREAS, the County and Jimmy Graves Foundation, Inc. entered into a purchase and sale agreement for the Field, which stated that the "Purchaser agrees that there shall be a deed restriction on the property limiting the primary use of the property to recreational activities, youth related activities or otherwise charitable activities"; and WHEREAS, the deed to the Field was recorded without a deed restriction; and WHEREAS, in August 2019, the Jimmy Graves Foundation. Inc. transferred ownership of the Field to the Jimmy Graves Sports Complex, Inc.; and WHEREAS, the School Board subsequently expressed interest in acquiring the Field; and WHEREAS, the Property Owners decided to donate the Field to the School Board; and WHEREAS, the School Board agreed that a restrictive covenant will be recorded with regard to the Field which will include language "limiting the primary use of the property to Page 1 of 5 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK recreational activities, youth related activities, or otherwise charitable activities;" and would further also "not limit or prohibit the construction of any legally permitted buildings or structures which are in furtherance of the permitted primary uses or charitable purposes." The recorded restrictive covenant would also contain language that the restrictive covenant "shall not be released or amended without the prior written, recordable consent of Indian River County" such that the County will have the authority to enforce the restriction; and WHEREAS, the School Board requested additional language be added to the restrictive covenant to address issues relating to the use of potential bonds for the improvement for the Field; and WHEREAS, the restrictive covenant which is attached hereto as Exhibit "A" is the result of negotiations with the County and School Board; and WHEREAS, the parties to this Agreement wish to resolve the issues pertaining to the use and transfer of the Field. NOW, THEREFORE, for and in consideration of mutual covenants contained herein, and intending to be legally bound, the County, Property Owners and School Board agree as follows: 1. Recitals. The Parties acknowledge and represent that the foregoing Recitals are true and correct, and the Recitals are incorporated herein. 2. Dismissal and Release. The County agrees to dismiss with prejudice the pending litigation in Indian River County, apolitical subdivision of the State of Florida v. Jimmy Graves Foundation, Inc. and Jimmy Graves Sports Complex, LLC, Case No. 31-2020-CA-000690- XXXXXX, filed in the Circuit Court of the Nineteenth Judicial Circuit, in and for Indian River County, Florida, against the Property Owners relating to the use of the Field upon receipt of the deed from the Property Owners to the School Board. County agrees to dismiss the lawsuit simultaneously with the closing. County agrees to provide an order of dismissal to the School Board if received. 3. BindingEffect. ffect. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto, their parents, subsidiaries, divisions, affiliates, related and/or jointly owned or controlled entities and the successors and assigns of each and personal representatives and heirs. 4. Authority to Consent. Each party represents and warrants that they have executed this Settlement Agreement freely, fully intending to be bound by the terms and conditions contained herein; that it has fully corporate power and authority to execute, deliver and perform this Agreement; that prior to the execution of this Agreement, all corporate actions of the Parties necessary for the execution, delivery and performance of this Agreement by the Party has been duly taken; and that this Settlement Agreement has been duly authorized and executed by the Party, is the legal, valid and binding obligation of the Party, and is enforceable as to each Party in accordance with its terms. Page 2 of 5 A TRUE COPY CERTIFICATION ON LAST PAGE J,R. SMITH, CLERK 5. Further Assurances. The Parties shall each cooperate with the other in good faith to perform any further acts and shall execute such further documents and shall perform such further acts as may be reasonably necessary and appropriate to carry out and accomplish the intent of this Settlement Agreement and its terms. 6. Representation by Counsel. Each Party has had the opportunity to be represented by counsel in connection with the drafting and effect of this Settlement Agreement, has a full understanding of these provisions and understands the injunction, release and waiver provisions set forth herein. 7. Applicable law and venue. This Agreement shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection with this Agreement shall be brought in Indian River County, Florida. 8. Counterparts. This Agreement may be executed in any number of counterparts, all of which together shall constitute one and the same instrument and agreement and facsimile signatures are as valid as original signatures. ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller BY Deputy Clerk Jason E.%Broivn, County Approved aWform and le tciency: By . Dylan Reingold, County Attorney INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERSo-' �Mi..... . i Jam' ' �F9s B = Y rJoseph E. Flescher, Chairman - ate ovppred:ed: February 2, 2021 �y '•R��ER COU�� . Page 3 of 5 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK JIMMY GRAVES FOUNDATION, INC. :A STATE OF FLORIDA ) ) ss.. COUNTY OF INDIAN RIVER ) Joseph H. Graves, President Sworn to and subscribed before me this day of , 2021, by Joseph H. Graves, the President of JIMMY GRAVES FOUNDATION, INC., who is personally known to me or produced as identification. Notary Public JIMMY GRAVES SPORTS COMPLEX, LLC Joseph H. Graves, Manager STATE OF FLORIDA ) ) ss.. COUNTY OF INDIAN RIVER ) Sworn to and subscribed before me this day of , 2 02 1, by Joseph H. Graves, the Manager of JIMMY GRAVES SPORTS COMPLEX, LLC, who is personally known to me or produced as identification. Notary Public Page 4 of 5 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK SCHOOL BOARD OF INDIAN RIVER COUNTY David K. Moore, Ed., D., Superintendent Date approved: STATE OF FLORIDA ) ) ss.. COUNTY OF INDIAN RIVER ) Sworn to and subscribed before me this day of , 2021, by David K. Moore, Ed., D., the Superintendent of the SCHOOL BOARD OF INDIAN RIVER COUNTY, who is personally known to me or produced as identification. Notary Public Page 5 of 5 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK EXHIBIT "A" TO SETTLEMENT AGREEMENT Prepared by and return to: Catherine D. Reischmann, Esq. 111 N. Orange Ave., Suite 2000 Orlando, FL 32802 DECLARATION OF COVENANT AND RESTRICTION THIS DECLARATION OF COVENANT AND RESTRICTION (the "Declaration"), is made and entered into on this day of , 2021, by and between THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, a Florida political subdivision, of 6500 571' Street, Vero Beach, FL 32967 (hereinafter referred to as "Declarant"), and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, of 1801 27h Street, Vero Beach, FL 32960 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, Declarant is the owner in fee simple of certain real property located in Indian River County, Florida more particularly described in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, at County's request, Declarant has voluntarily agreed to impose a specific covenant and restriction limiting the use of the Property. NOW, THEREFORE, Declarant hereby declares that the Property shall be held, transferred, sold, conveyed, leased, and mortgaged subject to the following covenant and restriction which shall run with the Property and be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. 1. Covenant and Restriction. Declarant hereby declares, creates and imposes a restrictive covenant limiting the primary use of the Property to recreational activities, youth related activities, or otherwise charitable activities. This covenant does not limit or prohibit the construction of any legally permitted buildings or structures which are in furtherance of the permitted primary uses or charitable purposes. Provided, however, that in the event the Declarant determines to finance educational facilities located on the Property through the issuance of Certificates of Participation or other financing structure, such restriction shall not be in effect due to the use of the Property for other purposes during the term of any ground lease entered into by the Declarant to finance educational facilities located on the Property under the Declarant's master lease - purchase finance program as the result of an event of default under the master trust agreement related thereto. A TRUE COPY "rRTIFICATION ON LAST PAGE I SMITH, CLERK 2. Further, Declarant declares that this restrictive covenant shall not be released or amended without the prior written consent of the County, and the release shall be recorded in the Public Records in Indian River County, Florida. 3. Consent of County. The County, by signing below, has approved the Covenant and Restriction stated above, and agrees to be bound by it. 4. Severability. If any provision of this Declaration is hereafter expressly declared by a court of proper jurisdiction to be invalid or unenforceable, then such provision shall be canceled and severed from this Declaration and the other provisions of this Declaration shall continue in full force and effect. IN WITNESS WHEREOF, this Declaration has been made as of the date first above written. WITNESSES: (print) (print) STATE OF FLORIDA COUNTY OF INDIAN RIVER SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, a Florida political subdivision Brian M. Barefoot, Chair ATTEST: By: David K. Moore, Ed., D., Superintendent Date: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2021, by Brian M. Barefoot, Chair of the School Board of Indian River County, Florida, (check one) ❑ who is personally known to me or ❑ who produced as identification. Notary Public — State of Florida Print Name: My Commission expires: 2 ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher, Chairman Approved by BCC: February 2, 2021 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2021, by Joseph E. Flescher, Chairman of the Indian River County, Florida, Board of County Commissioners (check one) ❑ who is personally known to me or ❑ who produced as identification. Notary Public — State of Florida Print Name: My Commission expires: A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SNITH, CLERK EXHIBIT "A" [PROPERTY] Commence at the Southwest corner of the Southeast 1/4 of said Section 2, Township 33 South, Range 39 East, Indian River County, Florida; thence run North 00 degrees 02 minutes 39 seconds East, along the West line of the Southeast 1/4 of Section 2, a distance of 80.00 feet to a point on the Westerly extension of the North right of way line of 16th street; thence run South 89 degrees 40 minutes 13 seconds East along said Westerly extension, a distance of 80.00 feet to the East right of way line of 20th Avenue, for a Point of Beginning; thence run along said East right of way line of 20th Avenue, North 00 degrees 02 minutes 39 seconds East, parallel with and 80.00 feet East of the West line of the Southeast 1/4 of said Section 2, a distance of 650.41 feet; thence departing said East right of way line, run South 89 degrees 25 minutes 35 seconds East, a distance of 373.62 feet; thence run South 00 degrees 10 minutes 11 seconds West, a distance of 48.55 feet; thence run South 89 degrees 43 minutes 15 seconds East, a distance of 243.87 feet; thence run South 00 degrees 14 minutes 16 seconds West, a distance of 136.70 feet ; thence run South 89 degrees 48 minutes 41 seconds East a distance of 250.00 feet to a point on the West right of way line of 17th Avenue; thence run South 00 degrees 36 minutes 02 seconds West, along said West right of way line, a distance of 464.40 feet to a point on the North right of way line of 16th street; thence departing said West right of way line, run North 89 degrees 40 minutes 13 seconds West along said North right of way line, parallel with and 80.00 feet North of the South line of the Southeast 1/4 of said Section 2, a distance of 862.40 feet to the Point of Beginning. LESS AND EXCEPT that portion of the above described property known as IRC EMERGENCY SVCS DIST PARCEL and being more particularly described as follows: A parcel of land lying in Section 2, Township 33 South, Range 39 East; said parcel adjoining the South line of St. Francis Manor, as described in Official Records Book 516, Page 305, Public Records of Indian River County, Florida; being more particularly described as follows: Commence at the Southwest comer of the Southeast one-quarter of said Section 2; thence run North 00 degrees 02 minutes 39 seconds East, along the West line of the Southeast one-quarter of said section 2, a distance of 730.75 feet to the intersection of said West line and the Westerly extension of the South line of the aforesaid St. Francis Manor parcel; thence departing said West line run South 89 degrees 25 minutes 35 seconds East, a distance of 80.00 feet to the Southwest corner of the aforesaid St. Francis Manor parcel, said point also lying on the East right of way line of 20th Avenue, for a POINT OF BEGINNING; thence run South 89 degrees 25 minutes 35 seconds East, along said South line, a distance of 373.62 feet to the Southeast corner of the aforesaid St. Francis Manor; thence departing said South line run South 00 degrees 10 minutes 11 seconds West, a distance of 48.55 feet; thence run North 89 degrees 45 minutes 09 seconds West, a distance of 373.50 feet to a point on the aforesaid East right of way line of 20th Avenue; thence run North 00 degrees 02 minutes 39 seconds East, along said East right of way line, a distance of 50.68 feet to the POINT OF BEGINNING. 4 A TRUE COPY CERTIFICATION ON LAST PAGE J,R. SMITH, CLERK Prepared by and return to: Catherine D. Reischmann, Esq. 111 N. Orange Ave., Suite 2000 Orlando, FL 32802 DECLARATION OF COVENANT AND RESTRICTION THIS DECLARATION OF COVENANT AND RESTRICTION (the "Declaration"), is made and entered into on this day of , 2021, by and between THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, a Florida political subdivision, of 6500 57th Street, Vero Beach, FL 32967 (hereinafter referred to as "Declarant"), and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, of 1801 27th Street, Vero Beach, FL 32960 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, Declarant is the owner in fee simple of certain real property located in Indian River County, Florida more particularly described in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, at County's request, Declarant has voluntarily agreed to impose a specific covenant and restriction limiting the use of the Property. NOW, THEREFORE, Declarant hereby declares that the Property shall be held, transferred, sold, conveyed, leased, and mortgaged subject to the following covenant and restriction which shall run with the Property and be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. 1. Covenant and Restriction. Declarant hereby declares, creates and imposes a restrictive covenant limiting the primary use of the Property to recreational activities, youth related activities, or otherwise charitable activities. This covenant does not limit or prohibit the construction of any legally permitted buildings or structures which are in furtherance of the permitted primary uses or charitable purposes. Provided, however, that in the event the Declarant determines to finance educational facilities located on the Property through the issuance of Certificates of Participation or other financing structure, such restriction shall not be in effect due to the use of the Property for other purposes during the term of any ground lease entered into by the Declarant to finance educational facilities located on the Property under the Declarant's master lease - purchase finance program as the result of an event of default under the master trust agreement related thereto. 2. Further, Declarant declares that this restrictive covenant shall not be released or amended without the prior written consent of the County, and the release shall be recorded in the Public Records in Indian River County, Florida. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 3. Consent of County. The County, by signing below, has approved the Covenant and Restriction stated above, and agrees to be bound by it. 4. Severability. If any provision of this Declaration is hereafter expressly declared by a court of proper jurisdiction to be invalid or unenforceable, then such provision shall be canceled and severed from this Declaration and the other provisions of this Declaration shall continue in full force and effect. IN WITNESS WHEREOF, this Declaration has been made as of the date first above written. WITNESSES: (print) (print) STATE OF FLORIDA COUNTY OF INDIAN RIVER SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, a Florida political subdivision IM Brian M. Barefoot, Chair ATTEST: David K. Moore, Ed., D., Superintendent Date: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2021, by Brian M. Barefoot, Chair of the School Board of Indian River County, Florida, (check one) ❑ who is personally known to me or ❑ who produced as identification. Notary Public — State of Florida Print Name: My Commission expires - 2 A TRUE COPY CERTIFICATION ON LAST PAGE ;.r�. SMITH, CLERK INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS v..��:coh�M!... . By: seph E. Flescher, Chairman :Q X09 . � � , .•02: pproved by BCC: February 2, 2021 '`yR/t%fRCOUN' Attest: Jeffrey R. Smith, Clerk of Court and Comptr er By: Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this 20th day of May , 2021, by Joseph E. Flescher, Chairman of the Indian River County, Florida, Board of County Commissioners (check one) o who is personally known to me or ❑ who produced as identification. q<� &-.,V-/L4 . 4 /® Notary Public — Site of Florida Print Name: My Commission expires: Ss KItAB AYK WR4NO W COIYWIWM # GG 321698 b� EXPM$: Apti 9, $n=e wlleia "�:::6�;;°!`� BaMedTlrut�ryPuDiet� ".,1..I�E OF FLORIDA NOIAN RIVER COUNTY `NIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE OR+E�INAL ON FILE IN THIS EXHIBIT "A" [PROPERTY] ;,TE D.C. Commence at the Southwest corner of the Southeast 1/4 of said Section 2, Township 33 South, Range 39 East, Indian River County, Florida; thence run North 00 degrees 02 minutes 39 seconds East, along the West line of the Southeast 1/4 of Section 2, a distance of 80.00 feet to a point on the Westerly extension of the North right of way line of 16th street; thence run South 89 degrees 40 minutes 13 seconds East along said Westerly extension, a distance of 80.00 feet to the East right of way line of 20th Avenue, for a Point of Beginning; thence run along said East right of way line of 20th Avenue, North 00 degrees 02 minutes 39 seconds East, parallel with and 80.00 feet East of the West line of the Southeast 1/4 of said Section 2, a distance of 650.41 feet; thence departing said East right of way line, run South 89 degrees 25 minutes 35 seconds East, a distance of 373.62 feet; thence run South 00 degrees 10 minutes 11 seconds West, a distance of 48.55 feet; thence run South 89 degrees 43 minutes 15 seconds East, a distance of 243.87 feet; thence run South 00 degrees 14 minutes 16 seconds West, a distance of 136.70 feet ; thence run South 89 degrees 48 minutes 41 seconds East a distance of 250.00 feet to a point on the West right of way line of l7th Avenue; thence run South 00 degrees 36 minutes 02 seconds West, along said West right of way line, a distance of 464.40 feet to a point on the North right of way line of 16th street; thence departing said West right of way line, run North 89 degrees 40 minutes 13 seconds West along said North right of way line, parallel with and 80.00 feet North of the South line of the Southeast 1/4 of said Section 2, a distance of 862.40 feet to the Point of Beginning. LESS AND EXCEPT that portion of the above described property known as IRC EMERGENCY SVCS DIST PARCEL and being more particularly described as follows: A parcel of land lying in Section 2, Township 33 South, Range 39 East; said parcel adjoining the South line of St. Francis Manor, as described in Official Records Book 516, Page 305, Public Records of Indian River County, Florida; being more particularly described as follows: Commence at the Southwest corner of the Southeast one-quarter of said Section 2; thence run North 00 degrees 02 minutes 39 seconds East, along the West line of the Southeast one-quarter of said section 2, a distance of 730.75 feet to the intersection of said West line and the Westerly extension of the South line of the aforesaid St. Francis Manor parcel; thence departing said West line run South 89 degrees 25 minutes 35 seconds East, a distance of 80.00 feet to the Southwest corner of the aforesaid St. Francis Manor parcel, said point also lying on the East right of way line of 20th Avenue, for a POINT OF BEGINNING; thence run South 89 degrees 25 minutes 35 seconds East, along said South line, a distance of 373.62 feet to the Southeast corner of the aforesaid St. Francis Manor; thence departing said South line run South 00 degrees 10 minutes 11 seconds West, a distance of 48.55 feet; thence run North 89 degrees 45 minutes 09 seconds West, a distance of 373.50 feet to a point on the aforesaid East right of way line of 20th Avenue; thence run North 00 degrees 02 minutes 39 seconds East, along said East right of way line, a distance of 50.68 feet to the POINT OF BEGINNING. 4