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AN AGREEMENT BETWEEN <br />INDIAN RIVER COUNTY AND RIVER HARBOR, INC. <br />ON DISASTER PREPAREDNESS <br />WHEREAS, Indian River County approved a <br />Development Order for the Grand Harbor Development of <br />Regional Impact by Resolution No. 85-128 on <br />October 23i 1985 : <br />WHEREAS,, paragraphs 43, 44, and 45 of that <br />Resolution No. 85-128 contained the disaster preparedness <br />portions of the Development Order; <br />WHEREAS, paragraph 43 of the Development Order <br />sets the standard for emergency shelter which must be <br />provided by the Grand Harbor development at build out; <br />WHEREAS, paragraph 44 of the Development Order <br />allows these shelter requirements to be provided through a <br />cash contribution in lieu of the equivalent cost of such <br />space if approved by the County; <br />WHEREAS, the Grand Harbor development cannot <br />proceed beyond 300 Certificates of Occupancy until the <br />disaster preparedness paragraphs of the Development Order <br />are satisfied; <br />WHEREAS, River Harbor, Inc. has proposed an <br />equivalent cash contribution in lieu of provision of such <br />space; which proposal has been reviewed and approved by the <br />Indian River County Department of Emergency Services; and <br />WHEREAS, River Harbor, Inc. wishes to proceed In <br />Its development beyond is 300th Certificate of Occupancy and <br />Indian River County wishes to ensure that the conditions of <br />the Development Order are satisfied: <br />IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES <br />[ITAW <br />1. The above recitals are affirmed in their <br />entirety. <br />2. River Harbor, Inc. will donate to Indian River <br />County 1.1 acres of- land at the northwest corner of the <br />Intersection of proposed Indian River Boulevard north <br />extension and proposed 45th Street easterly extension for a <br />future fire station and emergency services station. (See <br />attached Exhibit "A" - legal description and Exhibit "B" - <br />survey.) <br />3. Indian River County shall see to It that the <br />design of 45th Street and Indian River Boulevard have a <br />centerline elevation of not less than the 100 -year flood <br />plain elevation in order to guarantee compliance with <br />Development Order paragraph 45. <br />4. The 1.1 acre fire station/emergency services <br />station shall be conveyed to Indian River County by special <br />warranty deed. <br />S. An appraisal of the present value of the 1.1 <br />acre shal•I be prepared by the MAI firm of Armfield-Wagner, <br />Inc. at kiver Harbor, Inc.'s expense to determine present <br />value at the time of conveyance. <br />6. If Indian River County does not commence <br />construction of a fire /EMS station within 3 years of the <br />time o.f conveyance and if River Harbor, Inc. or Its <br />successor(s) in title pay to the County the value of the <br />property as established by the appraisal mentioned in the <br />2 3BOOK C� F'Au'r. �j d <br />