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Home My WebLink About1999-082®0 40 40 IN THE RECORDS of a(� JEFFREY K. rARTON I CLERK CIRCUIT COURT 5 �S AGREEMENT INDIAN RIVER CO., FLA I This Agreement made this -"23 day of L/ c2,t c -Z 199 , by and between Parsegate Properties, Inc., a Florida corporation, (hereinafter referred to as i "Parsegate"), whose address is 100 Mesa Park Boulevard, Fellsmere, Florida 32948, and Indian River County, a political subdivision of the State of Florida, whose address is 1840 25th Street, Vero Beach, Florida 32960, (hereinafter referred to as "IRC"). WTTNESSTH: WHEREAS, Parsegate is the owner of certain real property located in Indian River County, Florida, more particularly described in Exhibit "A", attached hereto and made a part hereof, (the "Property"); and WHEREAS, TRC holds an interest in the Property by virtue of that certain road right-of-way Reservation (the "Reservation"), given in favor of the Trustees Internal Improvement Fund in Deed Book 32, Page 417, Public Records of Indian River County, Florida; and WHEREAS, part of the Reservation is being used for the road improvement known as County Road 512 ("CR 512"), and approximately the north 40 feet remains unimproved, to the extent it is not being used as a public right-of-way; and WHEREAS, Parsegate acknowledges the right-of-way of IRC and its authority to govern the use of the Property within the Reservation for the construction of road improvements in the future; and - WHEREAS, Parsegate is the developer of Mesa Park, a sports and entertainment complex of which the Property is part and parcel, the Property comprising the main entranceway to Mesa Park from CR 512; and WHEREAS, Parsegate, in the development of Mesa Park, has utilized a portion of the Property within the Reservation to construct improvements, other than the paved entranceway, which include parts of two retention ponds ("the Ponds") as permitted by The St. John's River Water Management District, and signage ("the Mesa Park Sign"); and WHEREAS, IRC contemplates that in the future it may be of public necessity to construct a frontage road parallel to CR 512 and immediately contiguous to the north boundary of the Reservation, which may require the removal and/or filling of those parts of the Ponds within the Reservation and/or relocation of the Mesa Park Sign; FCOA7 IlARTiJN, •.,, ; �,. ' , U; . , ..„, .1 . ,.\.\,.dLl %U ,,oh lY J.. ry 0 ra • 40 C i WHEREAS, IRC is agreeable to the Ponds and the Mesa Park Sign as constructed remaining within the Reservation until such time, if ever, that the frontage road is constructed, so long as Parsegate is agreeable to removing and/or relocating the improvements at Parsegate's sole cost, and WHEREAS, Parsegate is willing to do so for IRC's permission to allow the Ponds and Mesa Park Sign to remain within the Reservation, until such time as Parsegate is advised otherwise by IRC. THEREFORE, the Parties agree as follow: 1. The above recitations are incorporated herein as if specifically set forth. 2. IRC agrees to the existing locations of the Ponds and the Mesa Park Sign within the Reservation, subject to their potential removal and/or relocation as provided herein. 3. In the event that IRC shall notify Parsegate, in writing, one (1) year in advance of commencement of construction, of its intention to either expand existing roadway or construct new roadway within the Reservation which requires the removal or relocation of the Ponds and/or the Mesa Park Sign, Parsegate shall undertake the removal or relocation and acquire any St. John's River Water Management District ("SJRWMD") permitting as expeditiously as possible so as not to impede or impair the proposed expansion or construction by IRC. Parsegate shall be solely responsible for all costs related to the removal or relocation, and any SJRWMD permitting, (the "Relocation Costs"). Parsegate agrees that in the event that SJRWMD Permitting is unsuccessful, IRC shall bear no risk or liability for any losses or expenditures sustained by Parsegate, and any claims for any such losses or expenditures are hereby expressly waived by Parsegate. 4. Anything herein to the contrary notwithstanding, Parsegate's financial obligation to any expansion or construction of new roadway within the Reservation shall not exceed, other than the Relocation Costs, its prorata share on the same basis as any other contiguous land owner would bec'i charged. ry rn 5. Parsegate agrees that this agreement is binding on the Property, is cn appurtenant thereto, and runs with the land, and shall be recorded in the Public Records of Indian River County, Florida. N p TRUE GE:RIIFIC LASTPAOE J.K. BM of 40 40 • 6. This agreement shall bind the parties, their assigns, and successors in interest. It may only be modified in writing. It shall be governed by the laws of the State of Florida. Any litigation arising out of this agreement shall entitle the prevailing party to a reasonable attorneys fee, plus cost, and shall include any appellate proceedings. ►SIN WITNESS WHEREOF, the parties hereto have set their hands and seals this —day of JAA R CM , 199—'Z PARSEGATE PROPERTIES ua 11 �� Witn ss Kat lyn G. Gates By: of Parsons, President �j„�c�n.+n.A.�SaM Wes Maria A. Borneman A HL) !t1"I ONry LAST PAGE i IC. f3 Fti< INDIAN RIVER COU Y COM SIGN Kenneth R. Ma'cht , Chairman ATTEST: By::/ Cl'j k -of the Board J"a r v N M Cll 71 n N MA •• i 40 State of Florida County of Indian River The foregoing instrument was acknowledged before me this _AL day of March, 1999, by Jeff S. Parsons, President of Parsegate Properties, on behalf of the corporation, who is personally known to me. Notary ublic, State of Florida My Commission Expires: Prepared by and Return to: Ralph L. Evans, Esquire Stewart, Nall, Evans & Hafner, P.A. P.O. Box 3345 Vero Beach, Florida 32964 TR UMI Cf.�TdNN ON LAST PAGE JX WATON, CLERK of • 40 EXHIBIT "A" PART OF TRACTS 1548, 1549, 1644 & 1645 AND VACATED NO. 15 DITCH AND ROAD RIGHT OF WAY OF UNSURVEYED TOWNSHIP 31 SOUTH, RANGE 37 EAST, OF FELLSMERE FARMS COMPANY SUBDMSION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID LANDS ALSO BEING OFFICIAL RECORDS BOOK 887, PAGES 885 AND 886 THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE TOWNSHIP LINE BETWEEN TOWNSHIP 31 SOUTH, RANGE 37 AND 38 EAST, AND THE CENTERLINE OF COUNTY ROAD 512, A 120 FOOT RIGHT OF WAY AT TI -IIS LOCATION, AS PRESENTLY OCCUPIED; THENCE S 87°00'39" W, ALONG THE SAID CENTERLINE OF COUNTY ROAD 512, A DISTANCE OF 976.25 FEET; THENCE N 00°03'41" W, PARALLEL WITH THE SAID TOWNSHIP LINE, A DISTANCE OF 60.07 FEET, TO THE POINT OF BEGINNING, BEING THE SOUTHWEST CORNER OF LANDS AS DESCRIBED IN SAID OFFICIAL RECORDS BOOK 973, PAGE 2714 THE NORTH RIGHT OF WAY LINE OF SAID COUNTY ROAD 512; THENSE S 87°00'24" W, ALONG SAID NORTH RIGHT OF WAY LINE, FOR A DISTANCE OF 475.68 FEET, TO THE SOUTHWEST CORNER OF LANDS AS DESRIBED IN SAID OFFICIAL RECORDS BOOK 887, PAGES 885 AND 886; THENCE N 00004'24" W, ALONG THE WEST LINE OF LANDS AS DESCRIBED IN OFFICAL RECORDS BOOK 887, PAGE 885 AND 886, FOR A DISTANCE OF 450.11 FEET, TO THE NORTH LINE OF LANDS AS DESCRIBED IN SAID OFFICIAL RECORDS BOOK 887, PAGES 885 AND 886 AND THE SOUTH LINE OF A 40 FOOT DRAINAGE RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 971, PAGE 2020 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE N 87°00'35" E, ALONG THE NORTH LINE OF LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 887, PAGES 885 AND 886 AND THE SOUTH LINE OF SAID 40 FOOT DRAINAGE RIGHT OF WAY, FOR A DISTANCE OF 475.58 FEET, TO THE EAST LINE OF LANDS AS DESCRIBED IN SAID OFFICIAL RECORDS BOOK 887, PAGES 885 AND 886; S 00°03'56" E, ALONG SAID EAST LINE, FOR A DISTANCE OF 450.06 FEET, TO THE POINT OF BEGINNING. CONTAINING 4.907 ACRES MORE OR LESS. u IDi71i, lilV`rRC01INTY N 1;,--I,;TOCFRTIFYTHATTI-II`� 1`' A ANU CORRECT COPY C:iF i i'L CT) ( , �, INALONFILE INTHIS OFF 1"- _ rl JX BARTON, ClikK BY "� DEpUTY GLERK 9 J N j DATE a o• 401 A LAW OFFICES STEWART, NALL, EVANS & HAFNER, R.A. POST OFFICE BOX 3345 VERO BEACH, FLORIDA 32964-3345 3355 OCEAN DRIVE VERO BEACH. FLORIDA 32963 TELEPHONE (5611 231-3500 TELEFAX (561)231-9876 INTERNET: firm@eneh.Com CYNTHIA L. CAMBRON RALPH L. EVANS TROY B. HAFNER' ROBERT C. NALL JOHN MITCHELL STEWART WILLIAM J. STEWART'. 11' a.Eb a. ";aw E� April 5, 1999 BOawo CE+FE� nEaFSeatE t awvF.w William Collins, II, Esquire 1 Indian River County 1840 25°i Street Vero Beach, Florida 32960 Re: Agreement between Parsegate Properties and Indian River County Dear Will: Enclosed please find a certified copy of the Agreement between Parsegate and Indian _ River County as recorded in the Public Records of Indian River County, Florida, O.R. Book 1265, Page 2717. Very truly ours, RECEIVED APS' U 'I iy y Ral L. Evans CLERK TO THE BOARD RLE:kas Enclosure