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This document prepared by and return to: <br />Indian River County <br />Public Works Department <br />1840 25th Street <br />Vero Beach, Fl. 32960 <br />11 /8/04weg(PWD)jwd <br />1. Recitals: The above recitals are affirmed as being true and correct and are hereby <br />incorporated as if fully restated herein. <br />2. Stormwater Facility Construction: The DEVELOPER shall construct drainage piping and <br />necessary restoration of right-of-way to direct the 58th Avenue stormwater currently stored in <br />the stormwater pond located at the southeast corner of Developer's site ("Existing County <br />Pond") into the on-site stormwater pond to be constructed on DEVELOPER'S site. After the <br />58th Avenue stormwater is diverted, the County shall abandon the Existing County Pond and <br />site to the DEVELOPER, less the needed 20' right-of-way for 58th Avenue. The parcel to be <br />retained for 58th Avenue right-of-way is legally described and shown on Exhibit "B". The <br />DEVELOPER shall obtain all necessary St. John's River Water Management District <br />permits, and Developer shall design the stormwater system to divert the stormwater, all at no <br />cost to the COUNTY. The DEVELOPER shall grant to the COUNTY a 15 ft. wide <br />easement from 58th Ave. along the inflow drainage pipe, through onsite stormwater ponds, <br />and along the drainage outfall pipe, for emergency maintenance. The DEVELOPER and/or <br />Segovia Lakes Property Owners' Association shall maintain the on-site stormwater lake in <br />accordance with the Segovia Lakes Property Owners' Association Declaration of Covenants <br />and Restrictions .: In addition;: the pond -volume- and_all -piping shall be sized to provide..: <br />stormwater storage for the impervious area to be covered by the future six -lane expansion of <br />King' s Highway (5 8th Avenue) for the length of the Segovia Lakes project's frontage on <br />King' s Highway. <br />3. King's Highway (58th Avenue): King's Highway (58th Avenue) and Atlantic Boulevard <br />Right -of -Way Acquisition: The DEVELOPER and the County agree to exchange, pursuant to <br />2 <br />J:\Planning & Zoning\AGUERREVERE, ENRIQUE\Segovia Lakes clean 8-10-04 version.doc <br />