12/30/2020 12:08:29 PM
6/18/2018 5:00:54 PM
Official Document Type
Agenda Item Number
Agreement to Release a Conservation Easement at the Indian River Mall (Lot 5)
Exchange for Conveyance of Title of Conservation Land at an Alternate Site
The Alice Siew Property or The Kinner Property
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AGREEMENT <br />BETWEEN <br />INDIAN RIVER COUNTY, FLORIDA AND <br />REDEVGROUP, INC. <br />THIS AGREEMENT is made and entered into this 12th day of ,June , 2018, by <br />and between Indian River County, Florida, a political subdivision of the State of Florida, 1801 <br />27th Street, Vero Beach, FL 32960, ("County"), and REDEVGROUP, INC., a Florida Profit <br />Corporation, 1826 US Highway 1, Vero Beach, FL 32960 ("Developer"). <br />WITNESSETH <br />WHEREAS, on July 19, 1994 Indian River County issued Resolution 94-93 <br />("Development Order"), approving the Indian River Mall as a Development of Regional Impact <br />("DRI"); and <br />WHEREAS, one condition of the Development Order required that the developer of the <br />DRI dedicate a Conservation Easement over approximately 4.7 acres of cabbage palm hammock <br />within the DRI property ("Lot 5"), for protection of wildlife; protection of upland habitat; <br />protection of hand fern; and to assist the County in its efforts to maintain State Road 60 as an <br />attractive gateway corridor; and <br />WHEREAS, the Conservation Easement was recorded in O.R. Book 1072, Page 2581, <br />Public Records of Indian River County, Florida ("Conservation Easement"). <br />WHEREAS, the factors supporting the conservation easement over Lot 5 have <br />diminished by the passage of time as the parcel experienced a significant decrease in wildlife and <br />upland habitat preservation, most specifically due to the disappearance of hand fern from the site. <br />Also of significance is that Lot 5 is not accessible to the public and is currently unmaintained and <br />unmanaged: and <br />WHEREAS, the dedication of the conservation easement over Lot 5 specifically <br />contemplated a future swap or trade if conditions changed by the passage of time; and <br />WHEREAS, there are alternative sites in the County which would provide greater <br />ecological value and greater public benefit than that which is provided by Lot 5; and <br />WHEREAS, County has determined that the public interest could be best served by <br />releasing Lot 5 from the Conservation Easement and from the Development Order to permit <br />responsible commercial development of the site, in accordance with approved development <br />standards, in exchange for title to one of the alternative sites which would provide greater <br />ecological value and greater public benefit to the County; and <br />WHEREAS, County and Developer have determined that they are able to assist each <br />other to accomplish their mutual goals, provided Developer is able to deliver to County title to <br />one of the alternative sites, and further provided County releases Lot 5 form the Conservation <br />Easement and from the Development Order. <br />RedevGroup/IRC Agreement <br />
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