3/7/2016 1:00:44 PM
10/1/2015 3:32:58 AM
Official Document Type
Agenda Item Number
Grand Harbor North Land LLC
Amended Agreement utility easement
Spoonbill Marsh Wetland Facility Site
Indian River Lagoon
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C �'09 %8 <br /> AMEG <br /> NDED AREE_,MENT FOR tJ 'I'ILITY EASEMEN "I' <br /> THIS AMENDED AGREEMENT FOR THE UTILITY EASEMI`N 'f (the <br /> " Agreement") , entered into this 5th day of Maw2009 , by GRAND 11ARI3OR NORTII <br /> I , AND LLC , a Delaware corporation , whose mailing address is 4755 South Harbor Dr . Vero Beach , FI . <br /> 32960 hereinafter called " Grand I-tarbor" and INDIAN RIVER COUNTY , a political subdivision of <br /> the State of Florida , whose mailing address is 1801 27 ` x' Street, Vero Beach , Florida , hereinafter called <br /> " County . , , <br /> WITNESSETH <br /> WHEREAS , Grand Harbor and the County entered into an Agreement for Utility <br /> Easement ori December 4 , 2007 ; and <br /> WHEREAS , the Agreement for the Utility Easemcnt was necessary as a result of' a <br /> Grant of Restoration , Access and Recreation Easement dated May 3 , 2005 and amended February 6 , <br /> 2007 ; and <br /> WHEREAS , the Agreements and Easements were entered into so that the County could <br /> construct a pipeline and other utilities to carry the brine discharge from the North County <br /> Reverse <br /> Osmosis drinking water plant to a site owned by Grand Harbor adjacent to the Indian River Lagoon for <br /> treatment ; and <br /> WHEREAS , the County has begun construction of the pipeline in the utility casement ; <br /> and <br /> WHEREAS , the County ' s consulting engineer and the contractor have discovered an <br /> area of low mucky soil that cannot be used for construction of the pipeline but is contained <br /> in a <br /> portion of the previously granted Utility Easement ; and <br /> WHEREAS , the parties find it desirable to amend the Agreement for the Utility <br /> Easement dated December 4 , 2007 to provide an alternate route to avoid the low mucky soil <br /> conditions ; and <br /> WHEREAS , it is recognized the proposed alternate route could interfere with the tirture <br /> development plans of Grand Harbor . <br /> NOW , THEREFORE , in consideration of the mutual terms , conditions , promises , <br /> covenants and premises liereinafter, the County and Grand Harbor agree to amend the Agreement for <br /> Utility Easement dated December 4 , 2007 , and grant a Temporary Utility Agreement over an alternate <br /> route as follows : <br /> 1 . In order to avoid installing the pipeline in the currently provided location , the boundaries of the <br /> Utility Easement are amended as depicted by the sketch and legal description attached as Exhibit " A " <br /> and incorporated herein by reference and Grand Harbor grants to the County a Temporary Utility <br />
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