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Home My WebLink About2025-256After Recording Return To: Kevin M. Barry, Esquire Rossway Swan Tierney Barry & Oliver, P.L. 2101 Indian River Boulevard, Suite 200 Vero Beach, Florida 32960- (772) 231-4440 2960•(772)231-4440 A TRUE COPY TIFICATION ON LAST PAGE I_. BUTLER, CLERK Culverted Road Crossing Maintenance Agreement This Culverted Road Crossing Maintenance Agreement ("Agreement") is made and entered into as of the 4th day of November , 2025, by and between Vero West Business Park Property Owners Association, Inc., a Florida not-for-profit corporation ("Vero West'), and Indian River County, a Florida governmental entity ("County"). 1. A culverted road crossing located within a county ditch exists between the boundaries of Vero West Business Park. The legal description and sketch of the location is attached and incorporated herein as Exhibit "A." 2. Maintenance Responsibilities: Vero West shall be solely responsible for the maintenance and repair of the culverted road crossing, including the culvert, overburden, and the road on top of the crossing. The County shall have no obligations or responsibilities regarding these components. Vero West shall have no responsibility for any care, maintenance, or any other responsibility arising from the existence of the Indian River County owned canal identified as adjacent to 18th Street and continuing beyond the boundaries of the Vero West property and identified on the Plat for this project. The County reserves the right to remove any obstructions of the canal that may result from the failure of the culverted road crossing. In the event the culvert or road crossing deteriorates, fails, or otherwise obstructs the County canal and Vero West fails to correct the obstruction within a reasonable time, the County reserves the right to remove any materials or obstructions from the canal and charge Vero West no more than the current reasonable market rate for such removal. 3. Compliance with Laws: Vero West agrees to comply with all applicable federal, state, and local laws, regulations, and ordinances in the performance of its obligations under this Agreement. 4. Amendments: This Agreement may be amended only by a written instrument executed by both Vero West and the County. Any change to the culverted road crossing will require pre -approval by the County and any repairs will be conducted after the appropriate permits are obtained from the County and any bonding requirements if otherwise required by law are satisfied by Vero West. 5. Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any litigation arising out of or related to this Agreement shall be brought in the courts of Indian River County, Florida. 6. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. 7. Assi nment: Neither party may assign its rights or obligations under this Agreement without the prior written consent ofthe other party. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. SUTLER, CLERK 8. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral. 9. Attornep Fees: In the event of litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and costs from the non -prevailing party. 10. Runs with the Land: County agrees that the restrictions set forth herein shall be covenants running with the land and shall be binding upon all future owners, heirs, successors, and assigns of the property. [Signatures Follow] 2 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Signed, sealed, and delivered in the presence of: SignatureU iU Print Name: Address: AN9)VA- 5,s��e ati0 1kfb F` 4d t Signature Print Name: Sktrrl' thce Address: �-�01 i2� t'Z�,rerJd• SV4 o6D��2rb 4?tan Eft.S�G STATE OF FLORIDA COUNTY OF INDIAN RIVER VERO WEST BUSIN S PARK PROPERTY OWNS ASS CI I N C. By: Signature Title: President Print Name: Robert E. Putnam, Jr. ACKNOWLEDGMENT ss: The foregoing instrument was acknowledged before me by means of Hep"hysical presence or [ ] online notarization, this��day of August, 2025 before me, by Robert E. Putnam, Jr., as President of Vero West Business Park Property Owners Association, Inc., personally kno_wr o me to be the person who subscribed to the foregoing instrument on behalf of said corporation or who has produced as identification. IN WITNESS WHEREOF, I hereunto set my hand and offcial seal t • You •. SHERRI MINCEY ;a�? NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION # HH 176331 � *' Printed Name: sk' re . EXPIRES: September 22, 2025 c. ! Bonded Thru Notary Public Underwriters Commission Expires: 3 Signed, sealed, and delivered in the presence of: Signature Print Name: Yam Comas Address: 1801 27th Street Vero , K,tn&-,rA4 Alit -lb" Signature --J Print Name: Kimberly K. Nbir" Address: 1801 27th Street Vero Beach, FL 32%0 INDIAN RIVER COUNTY A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK ACKNOWLEDGMENT STATE OF FLORIDA ) ) ss: COUNTY OF INDIAN RIVER ) The foregoing instrument was acknowledged before me by means of [x] physical presence or [ ] online notarization, this4th day of NOV i , 2025 before me, by JoseFh E. ae-s6-,F-r as Chairman of the Board of County Commissioners of Indian River County, Florida, personally known to me to be the person who subscribed to the foregoing instrument or who has produced as identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r'KIMBERLY K. MOIRANO MY COMMISSION # HN 368126 EXPIRES: Apd 9, 2027 APPROV D AS TO FORM AND LE A ICIENCY BS A NX. J�F,:)IW50Y DEPUTY COUNTY ATTORNEY !attest: Ryan L. Butler, Clerk Of Circuit Court and Comptroller q 9, 1 % fy-> NOTARY PUB4, , STATE OF FLORIDA Printed Name: Kimberly K. Nbirar� Commission Expires: April 9, 2027 V A TRUE COPY CERTIFICATION ON LAST PAGE EXHIBIT "A" RYAN L. BUTLER, CLERK SKETCH & DESCRIPTION SECTION 04, TOWNSHIP 33 SOUTH, RANGE 38 EAST PARCEL ID: 30.00' CANAL RIGHT OF WAY CULVERT AND ROAD CROSSING LEGAL DESCRIPTION: SHEET I OF F I'tION ON LAST gTLER, CLERK NOT VALID WITHOUT THE SKETCH ON SHEET 2 OF 2 A (CULVERT AND ROAD CROSSING) LYING IN A PORTION OF TRACT 16, SECTION 4, TOWNSHIP 33 SOUTH, RANGE 38 EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, ALSO BEING A PORTION OF A 30.00 FOOT WIDE DRAINAGE RIGHT OF WAY ACCORDING TO THE PLAT OF KENILWORTH ESTATES AS RECORDED IN PLAT BOOK 6, PAGE 43 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4; THENCE 500°16'14"W ALONG THE EAST LINE OF SECTION 4, A DISTANCE OF 4008.74 FEET TO THE NORTHEAST CORNER OF SAID TRACT 16; THENCE N89°44'23"W ALONG THE NORTH LINE OF SAID TRACT 16 AND THE NORTH LINE OF A 30 FOOT WIDE DRAINAGE RIGHT OF WAY ACCORDING TO SAID PLAT BOOK 6, PAGE 43, A DISTANCE OF 815.00 FEET, TO THE POINT -OF -BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE S00°16'14"W, A DISTANCE OF 30.00 FEET TO THE SOUTH LINE OF SAID DRAINAGE RIGHT OF WAY; THENCE N89°44'23"W ALONG SAID SOUTH LINE, A DISTANCE OF 50.00 FEET; THENCE N00°16'14"E, A DISTANCE OF 30.00 FEET TO THE NORTH LINE OF THE AFOREMENTIONED DRAINAGE RIGHT OF WAY; THENCE S89*44'23"E ALONG SAID LINE A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1500 SQUARE FEET OR 0.03 ACRES, MORE OR LESS. SURVEYORS NOTES: 1. BEARINGS SHOWN HEREON REFER TO STATE PLANE COORDINATES FLORIDA EAST ZONE, NAD83, 2011 ADJUSTMENT AND WERE DERIVED BY ASSIGNING A GRID BEARING OF S00°16'14"W TO THE EAST LINE OF SECTION 4-33-38. DATE: 08/28/2025 DRAWING NO.: 21-174ADD2 PROFESSIONAL SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE PREPARED FOR: VERO WEST BUSINESS PARK POA STEVE CARTECHINE FLORIDA CERTIFICATE NO. 4895 PREPARED BY: CERTIFICATE OF AUTHORIZATION #LB 7545 INDIAN RIVER SURVEY, INC. PROFESSIONAL SURVEYING AND MAPPING NOT VALID UNLESS SIGNED AND SEALED SKETCH 8t DESCRIPTION SECTION 04, TOWNSHIP 33 SOUTH, RANGE 38 EAST PARCEL ID: 30.00' CANAL RIGHT OF WAY CULVERT AND ROAD CROSSING LOT 7 VERO WEST BUSINESS PARK NORTH LINE 30.00' DRAINAGE RIGHT OF WAY SOUTH LINE 30.00' DRAINAGE RIGHT OF WAY LOT 8 VERO WEST BUSINESS PARK SHEET 2 OF 2 NOT VALID WITHOUT THE LEGAL DESCRIPTION ON SHEET 1 OF 2 THIS IS NOT A SURVEY P4.0 !6"d GRAPHIC SCALE V h p' 15' 30' 0 1 " = 30' S89 *442J "E 50.00' N89 44'23"W 50.00' DRAWING NO.: 21-174ADD2 PREPARED FOR: VERO WEST BUSINESS PARK POA PREPARED BY: INDIAN RIVER SURVEY, INC. PROFESSIONAL SURVEYING AND MAPPING POINT OF COMMENCEMENT NE CORNER OF SECTION 4-33-38 W LOT 19 VERO WEST BUSINESS PARK POINT OF BEGINNING NORTH LINE / ORA/NAGE RIGHT OF WAY HT O 3 NORTH LINE OF TRACT 16 N89'442,3 "W 815.00" O 30" DRAINAGE RIGHT OF WAY O KENILWORTH ES TA IFS O PLAT BOOK 6, PAGE 43 Q) SOUTH LINE 30.00' DRAINAGE RIGHT OF WAY VERO WEST BUSINESS PARK (TRACT F - 60" PRIVATE R/W) 18TH STREET CENTERLINE 3 � o x� (~ m 00 0 - NORTHEAST NORTHEAST -CORNER OF TRACT 16 STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. l CA „ RYAN L. BUTLER. CLERK I