4/7/1987 - Laserfiche WebLink

Home Browse Search

APR BOOK 67 Pr9,E01 conditions cited on the approved site plan and the Tree Removal and Landclearing Permits; and WHEREAS, a total of one hundred five (105) trees were removed in .violation of Indian River County Laws and Ordinances, Chapter 23 1/2, the "Indian River County Tree Protection Ordinance"; and WHEREAS, twenty-seven (27) of the trees removed were located in areas which would have been designated as non -buildable on any subsequent site plan approval for the property; and WHEREAS, seventy-eight (78) trees were located in an area which may in the future be approved for development; and WHEREAS, it has been the policy of the Indian River County Board of County Commissioners that an administrative penalty shall be assessed against persons or companies found in violation of the Indian River County Tree Protection Ordinance or a criminal action shall be filed in the County Court to impose sanctions against the violator; and WHEREAS, Amdeco has agreed to pay an administrative penalty in consideration of Indian River County's agreement not to pursue a criminal action against the officers or employees of Amdeco and Michigan; and WHEREAS, Amdeco has stated its intention to fully develop the subject area within seven (7) years from the date stated herein. NOW, THEREFORE, by and in consideration of these premises and other good and valuable consideration, the County and Amdeco agree as- follows: 1. Amdeco agrees that the sum of Thirteen Thousand Five Hundred Dollars ($13,500) shall be paid to County as an administrative penalty for the destruction and removal of twenty-seven (27) trees which would have otherwise remained at build -out of the entireproperty based upon Amdeco's conceptual master plan for the area. This Thirteen Thousand Five Hundred Dollars -_ ($13,500) shall not be refundable. Amdeco also agrees to establish with the County an escrow account and deposit in this escrow account the sum of Thirty - Nine Thousand Dollars ($39,000). This escrow account shall provide that if a site plan or site plans are subsequently approved and development takes place on any area upon which trees were illegally removed previously which was not included on the approved site plan attached hereto as Exhibit C, then the County shall approve release from the escrow account to Amdeco the sum of Five Hundred Dollars ($500) for each tree depicted on the tree survey for that area and eligible for removal under the provisions of the Indian River County Tree Protection Ordinance. The refund shall not exceed the principal sum of Thirty -Nine Thousand Dollars ($39,000). 2. If within seven (7) years of the date set forth herein Amdeco fails to obtain Certificates of Occupancy for all structures delineated on approved site plans covering all buildable areas from which trees were removed, Amdeco shall be considered in default of this Agreement. In the event of ,r default, Amdeco shall forfeit to the County all monies then remaining in the escrow account at the time of default. 3. It is understood and agreed that no funds deposited in the escrow _ account pursuant to this Agreement— shall be disbursed to Amdeco prior to 84