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0 0 11/8(21):12/3/90(PLAN6)LEGAL(WGC/nhm) EXHIBIT"A" AN AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RIVER HARBOR, INC. ON DISASTER PREPAREDNESS WHEREAS, Indian River County approved a Development Order for the Grand Harbor Development of Regional Impact by Resolution No. 85-128 on October 23, 1985 ; WHEREAS, paragraphs 43, 44, and 45 of that Resolution No. 85-128 contained the disaster preparedness portions of the Development Order; WHEREAS, paragraph 43 of the Development Order sets the standard for emergency shelter which must be provided by the Grand Harbor development at build out; WHEREAS, paragraph 44 of the Development Order allows these shelter requirements to be provided through a cash contribution in lieu of the equivalent cost of such space if approved by the County; WHEREAS, the Grand Harbor development cannot proceed beyond 300 Certificates of Occupancy until the disaster preparedness paragraphs of the Development Order are satisfied; WHEREAS, River Harbor, Inc. has proposed an equivalent cash contribution in lieu of provision of such space, which proposal has been reviewed and approved by the Indian River County Department of Emergency Services; and WHEREAS, River Harbor, Inc. wishes to proceed in its development beyond is 300th Certificate of Occupancy and Indian River County wishes to ensure that the conditions of the Development Order are satisfied: IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES THAT: 1. The above recitals are affirmed In their entirety. 2. River Harbor, Inc. will donate to Indian River County 1.1 acres of land at the northwest corner of the intersection of proposed Indian River Boulevard north extension and proposed 45th Street easterly extension for a future fire station and emergency services station. (See attached Exhibit "A" - legal description and Exhibit "B" - survey.) 3. Indian River County shall see to It that the design of 45th Street and Indian River Boulevard have a centerline elevation of not less than the 100 -year flood plain elevation in order to guarantee compliance with Development Order paragraph 45. 4. The 1.1 acre fire station/emergency services station shall be conveyed to Indian River County by special warranty deed. 1 AN AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RIVER HARBOR, INC. ON DISASTER PREPAREDNESS WHEREAS, Indian River County approved a Development Order for the Grand Harbor Development of Regional Impact by Resolution No. 85-128 on October 23, 1985 ; WHEREAS, paragraphs 43, 44, and 45 of that Resolution No. 85-128 contained the disaster preparedness portions of the Development Order; WHEREAS, paragraph 43 of the Development Order sets the standard for emergency shelter which must be provided by the Grand Harbor development at build out; WHEREAS, paragraph 44 of the Development Order allows these shelter requirements to be provided through a cash contribution in lieu of the equivalent cost of such space if approved by the County; WHEREAS, the Grand Harbor development cannot proceed beyond 300 Certificates of Occupancy until the disaster preparedness paragraphs of the Development Order are satisfied; WHEREAS, River Harbor, Inc. has proposed an equivalent cash contribution in lieu of provision of such space, which proposal has been reviewed and approved by the Indian River County Department of Emergency Services; and WHEREAS, River Harbor, Inc. wishes to proceed in its development beyond is 300th Certificate of Occupancy and Indian River County wishes to ensure that the conditions of the Development Order are satisfied: IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES THAT: 1. The above recitals are affirmed In their entirety. 2. River Harbor, Inc. will donate to Indian River County 1.1 acres of land at the northwest corner of the intersection of proposed Indian River Boulevard north extension and proposed 45th Street easterly extension for a future fire station and emergency services station. (See attached Exhibit "A" - legal description and Exhibit "B" - survey.) 3. Indian River County shall see to It that the design of 45th Street and Indian River Boulevard have a centerline elevation of not less than the 100 -year flood plain elevation in order to guarantee compliance with Development Order paragraph 45. 4. The 1.1 acre fire station/emergency services station shall be conveyed to Indian River County by special warranty deed. 1