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Home My WebLink About2026-085A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK PERPETUAL CROSS ACCESS EASEMENT AGREEMENT This Cross Access Easement Agreement (the "Agreement") is made effective as of May 5, 2026 , by and between E SEBASTIAN II LLC, a Florida limited liability company, whose mailing address is 2828 Coral Way, Suite 500, Miami, FL 33145 ("Sebastian II"), and INDIAN RIVER COUNTY, whose mailing address is 1801 27th Street, Vero Beach, FL 32960 ("County"). RECITALS A. Sebastian II are the owners of that certain parcel of land located in Indian River County, Florida, more particularly described on Exhibit °A"attached hereto and made a part hereof ("Parcel 1"). B. County is the owner of that certain parcel of land located in Indian River County, Florida, more particularly described on Exhibit "B" attached hereto and made a part hereof ("Parcel 2"). C. Sebastian II and County desire to enter into a cross -access agreement in connection with Parcel 1 and Parcel 2 on the terms and conditions hereinafter set forth. AGREEMENT 1. Improvements to Parcels 1 and 2. Sebastian II, at their sole cost and expense, are hereby authorized to construct improvements and pavement over that portion of Parcels 1 and 2 more particularly described on Exhibit "C". Such improvements shall include necessary paving and curbing in such driveway and such other facilities and improvements to be used by their respective customers, licensees, and invitees. 2. Grant of Cross Access Easement by County. County hereby grants and conveys to Sebastian II, for the benefit of Sebastian II, their tenants, successors, and/or assigns, a perpetual, non-exclusive easement ("easement") for vehicular and pedestrian ingress and egress to, from, and over Parcel 2 as described in Exhibit "C", appurtenant to Parcel 1. This grant shall include access over, upon, and across the driveways, accessways, sidewalks, walkways, exits, entrances, and other common areas, as these areas may from time to time be developed, altered, or modified on Parcel 2. 3. Grant of Cross Access Easement by Sebastian II. Sebastian II hereby grants and conveys to County, for the benefit of County, it's tenants, successors, and/or assigns, a perpetual, non-exclusive easement for vehicular and pedestrian ingress and egress to, from, and over Parcel 1 as described in Exhibit "C", appurtenant to Parcel 2. This grant shall include access over, upon, and across the driveways, accessways, sidewalks, walkways, exits, entrances, and other common areas, as these areas may from time to time be developed, altered, or modified on Parcel 1. 1 A TRUE COPY _ERTIFICATION ON LAST PAGE vnN L. BUTLER, CLERK 4. Maintenance of Improvements The improvements located on the land described in Exhibit "C" shall be maintained solely by Sebastian II. Sebastian II shall be solely responsible for ongoing upkeep, repairs and any future improvements necessitated by this agreement. Additionally, all costs associated with stormwater management, paving, parking reconfigurations, signage, lighting or other related infrastructure for the improvements located on the land described in Exhibit "C" shall be borne by Sebastian II. 5. Term This Agreement shall continue for a perpetual term from the date of recording in the Public Records of Indian River County, Florida. 6. Covenant Running with the Land. This Agreement shall run with the land and shall be binding upon the undersigned, their heirs, successors, assigns, tenants, subtenants, licensees, concessionaires, mortgagees in possession, members, and business invitees, unless modified, amended, or released pursuant to the terms herein. This Agreement shall be recorded in the Public Records of Indian River County, Florida, and shall remain in full force and effect until modified or released in accordance with its terms. 7. Default. If either party fails to perform, fulfill, or observe any covenant or obligation contained in this Agreement, and such failure continues for thirty (30) days after written notice thereof, the non - defaulting party may, at its election, cure such default on behalf of the defaulting party. In situations involving potential danger to the health or safety of persons, or substantial deterioration of improvements located on the land described in Exhibit "C", the non -defaulting party may cure the failure immediately after written notice. Any amount expended by the non -defaulting party in curing a default, or any other sums due under this Agreement, shall be reimbursed upon demand, together with interest at the lesser of (a) ten percent (10%) per annum, or (b) the maximum rate permitted by law, from the date of expenditure until paid in full. 8. Indemnification & Insurance Requirements. Sebastian II shall indemnify, defend and hold the County harmless from any claims, actions, damages or injuries arising out of or in connection with use of the easement. Additionally, Sebastian II shall, at its sole cost and expense, maintain comprehensive general liability insurance listing the County as an additional insured in the amount of $1,000,000 per occurrence and $2,000,000 aggregate for use of the easement and proof of insurance must be provided to the County and continuously maintained. Sebastian II's insurance shall be primary and non- contributory with a waiver of subrogation in favor of the County. The insurance coverage shall be reviewed and updated annually to adjust to future limit requirements. Failure to maintain insurance coverage pursuant to this section shall be cause for immediate termination of this agreement and removal of all improvements. 2 .•�l i" � '7l.0 .. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 9. Termination. This agreement is meant to be a perpetual however it still may be terminated under the following circumstances: a. Mutual agreement by both parties or their successors or assigns to terminate the agreement. b. County may terminate this agreement with 60 days written notice to Sebastian II for Sebastian II's failure to maintain the improvements as is required in this agreement pursuant to paragraph 4 above. Should the agreement be terminated by County pursuant to this section, County may remove the improvements and charge the cost to remove said improvements from its property to Sebastian II. Should those costs not be paid they will be filed as a lien against Parcel 1. 10. Notices. All notices required or permitted under this Agreement shall be in writing and deemed duly given when delivered by hand or three (3) business days after deposit in the United States mail, by registered or certified mail, return receipt requested, postage prepaid, addressed as follows (or to such other address as either party shall designate in writing): If to Sebastian II: 2828 Coral Way, Suite 500, Miami, FL 33145 If to County: 1801 27th Street, Vero Beach, FL 32960 Attn: County Attorney's Office 11. Severability. If any provision of this Agreement is declared invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. 12. No Impact on Library Operations. The proposed cross -access easement shall not reduce, block, or otherwise negatively affect existing parking capacity or daily operations at the North County Library. Any negative impacts caused to the North County Library by blocking or reducing access, parking, or affecting daily operations may be cause for termination of this agreement upon notice to Sebastian II and failure to cure within 48 hours. Any physical alterations to the easement, including restriping or signage, require advance review and written approval by the County. 13. Compliance with All Applicable Regulations. Sebastian II bears full responsibility for adherence to all City of Sebastian ("City") development regulations and approvals, as well as any relevant County, state, and federal requirements. Any necessary City of Sebastian site plan modifications must be formally reviewed and approved by the City before construction or related work begins. 14. Venue. Venue for any and all disputes shall be the Indian River County Courthouse. 3 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 15. Applicable Law. The laws of the state of Florida shall be the applicable law for this agreement. 16. Sovereign Immunity. Nothing in this agreement shall be deemed to be a waiver of the County's statutory Sovereign Immunity. 17. Attorney's Fees. Should any attorney's fees and costs arise out of enforcement of this agreement each party shall be liable for their own attorney's fees and costs. This includes any fees and costs on appeal. M A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK EXECUTION IN WITNESS WHEREOF, the parties have executed this Cross Access Easement Agreement as of the date first written above. E SEBASTIAN II LLC, a FI ida mited liability co y Name/Title: Humberto Padron, Authorized Member Signed, sealed and delivered in the presence of: Witness NOTARY ACKNOWLEDGMENTS STAT E O F COUNTY OF Sworn to (or affirmed) and subscribed before me by means of L"Jphysical presence or Donline notarization, thisQ*' day of April, 2026, by Humberto Padron. [Notary Seal] Notary Public Printed: r' °�'P` CARMEN OMINGUEZ �: My Commission `fir MWSSION#HH 322732 e—EXPH2ES: December 22, 2026 personally Known OR Produced Identification Type of Identification Produ 5 A TRUE COPY CERTIFICATION ON LAST PAGE =VAN L. BUTLER, CLERK EXECUTION IN WITNESS WHEREOF, the parties have executed this Cross Access Easement Agreement as of the date first written above. E SEBASTIAN II L4, � Floric4limited Iaility company ron, uthorillMember Signed, sealed and delivered in the presence of: M Witness NOTARY ACKNOWLEDGMENTS STATE OFe�-�c,_. COUNTYOF -� Sworn to (or affirmed) and subscribed before me by means ofphysical presence or ❑online notarization, this`"N' day of April, 2026, by Richardo Padron. [Notary Seal] V Personally Known OR Type of Identification Produc( L Notary Public Printed: My Commission Exp Produced Identification 6 —BARMEN E. DOMINGUEZ dY COMM9SSION # HH 322732 EXPIRES: December 22, 2026 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK EXECUTION IN WITNESS WHEREOF, the parties have executed this Cross Access Easement Agreement as of the date first written above. E SEBASTIAN II LLC, a Name/Title: mited liabipty company Enrique Padron, Authorized Member Witness elivered in the presence of: NOTARY ACKNOWLEDGMENTS STATE OF COUNTY OF�� Sworn to (or affirmed) and subscribed before me by means ofphysical presence or ❑online notarization, this( day of April, 2026, by Enrique Padron. [Notary Seat] Personally Known OR Type of Identification Produce Notary Public Printed: My Commission Produced Identification 7 CAVEN E. DOMINGUEZ _- MWSS10N # HH 322732 EXPIRES: December 22, 2026 A TRUE COPY CERTIFICATION ON LAST PAGE OAN L. BUTLER, CLERIC EXECUTION IN WITNESS WHEREOF, the parties have executed this Cross Access Easement Agreement as of the date first written above. E SEBASTIAN II LLC, a Florida limited lid bility company Name/Title: 112h //11:1 Luis-P,fa;�, Authorized Member Sigrod, se*d and delivered in the presence of: Witness NOTARY ACKNOWLEDGMENTS STATE OF br-�CG— COUNTY OF. Sworn to (or affirmed) and subscribed before me by means ofplJd' hysical presence or Dontine notarization, this ``'day of April, 2026, by Luis Plaz. [Notary Seal] Notary Public 1 Printed: M�� CAR E.DOMINGUEZ My Commission E 1 MYCOMMISSION#HH322732 Ci F fie- '—EXPIRES: December 22, 2026 ✓ Personally Known OR Produced Identification Type of Identification Produced 8 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK INDIAN RIVER COUNTY BOARD OP,`C 6W 4,Tj-.POMMISSIONERS Deryl Loar Chairman * 1 �:: Xv, Approved at BCC meeting on May 5, 2026 Ryan Butler, Indian River County Clerk and Comptroller Deputy clerk Legalfo and ency Susan J. Prado, Deputy County Attorney A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. SUTLER, CLERK EXHIBIT W (Parcel1 description) Lot 1, Brooks 512 Commercial Development Subdivsision, according to the map or plat thereof as recorded in Plat Book 32, Page 58 of the Public Records of Indian River County, Florida. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK EXHIBIT"B" (Parcel 2 description) A portion of land lying in Tract "C" of Sebastian Lakes Subdivision Unit No. 1 as recorded in Plat Book 12 Page 11 of the Public Records of Indian River County, Florida, being more particularly described as follows: From the► Northwest corner of the aforementioned Tract "C", Sebastian Lakes Unit No. 1, run S 37 43145" W along the South right-of-way of Count•y,-Road 512 a distance of 313.00 foot to a POINT OF BEGINNING. Then run N 73059100"C a distance of 204.61 feat to a point. Then run S 5e*16'15" E a distance of 31.00 feet to a point on the are of a circular curve concave to the East having a radius of 750.00 feet. Then run Southeasterly along the arc of sold curve through a centrarl angle of 19.57156" an arc distance of 261.32 feet to a point, the said arc having a chord gearing S 14.46115" E a distance of 260.00 feet. Then run S 37043145" W, on a line parallel to the South right-of- way of County Road 512, a distance of 142.00 -foot to a point. Then run N 52`16115" W a distance of 40.00 feet to a point. Then run S 3743'45" W, on a line parallel to the South right-of- way of County Road 512, a distance of 160.00 feet to a point. Then run W a distance of 333.16 feet to a point in the South right -of -Hay line of County Road 512. Then run N 37043'45" E along the South line of County Road 512 a distance of 312.00 feet to the POINT OF BEGINNING. Lying and being in Indian River County, Florida, and containing x125 acres more or less. 51.18JECT TO easements shown as Parcels 2,3, and 4 apd described on a map entitled "Boundary Survey for Sebastian Lakes Library- dated March 23, 1788, prepared by Lloyd and AssociateS as job number 83-374, drawing number J7-11. <; qs x SEBASTIAN BOULEVARD (C.R. 512) G? _ m Q - " - AEEILsufTE rtoAo 0 oP1Ah _ > z N„ r N ------------------------------ --- ^----- -------------- --- M 1z � va4.Nr o SITE aw sj NJr'N'45'E a D S W A L f S W A L E 425.99' E1�20 De FI. XAq'p9 z f• Lu HIP o-. rur40.s ss.« y�.,e � R/U'uNE saw'- -- - :, --�� __ - �`__ .7J,.s• •..- - - z LLJ 1 •• m --- --� 1 v U,�--------- �� -rmwww•rrwlo�orwraart I I `• i Wo Z EE U9 ® 1 //% WI tp' MNNA4E [ASFMENT I I 1= NOT HCLUDED 1 i I 1 -�JLO F 11/LLN Ux.9. .101x. Pa ,)5, 1 1 I lU U I BOT , An0 THE NiN 10.94' a WT T LL I ales w.e. Pc. 9za N I I I BROq('S 512 C01emEs DEVELOPMENT P.B.I. I I B.I. J2, PAOES 58 AND 59. 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