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2021-066A
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Last modified
5/27/2021 3:34:06 PM
Creation date
5/27/2021 10:53:17 AM
Metadata
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Template:
Official Documents
Official Document Type
Developer's Agreement
Approved Date
04/20/2021
Control Number
2021-066A
Agenda Item Number
13.B.
Entity Name
Ryall Development Group, LLC
Subject
Developers Agreement for Liberty Park Subdivision Phase 1A and 1B
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that may demonstrate other off-site improvements in lieu of a temporary traffic <br />signal at the 70th Avenue/CR 510 intersection. <br />5. Changed Condition: The parties acknowledge that Condition 7.b. of the <br />October 28, 2008 Liberty Park approval letter required the Developer to <br />complete a sidewalk on the south side of County Road 510 between 64th Avenue <br />and 66th Avenue. The parties further acknowledge that due to plans by the <br />Florida Department of Transportation ("FDOT") to widen County Road 510 to <br />a four -lane road any sidewalk construction by the Developer in compliance with <br />this condition prior to the construction of Phase lA would be destroyed by the <br />FDOT County Road 510 construction project. Therefore, the parties agree that <br />this condition is waived. <br />6. Ryall Stormwater Park: The Ryall Stormwater Park Tract is depicted on <br />Exhibit "A" hereto as Parcels D1 and D2. At the time the Developer elects to <br />construct a lake or stormwater management on the Ryall Stormwater Park <br />Tract, Developer agrees to incorporate sufficient capacity to provide <br />stormwater treatment for the impervious area for the right-of-way of 66th <br />Avenue from 81St Street to 85th Street in its four lane improved condition and <br />81" Street located east of 66th Avenue in its three lane improved condition, and <br />Developer shall dedicate a non-exclusive easement to the County for access and <br />maintenance purposes. If the County elects to proceed with widening or other <br />improvements of 661h Avenue before Developer elects to construct a lake or <br />stormwater management pond on the Ryall Stormwater Park Tract, then the <br />County shall be responsible for all costs associated with the design, permitting, <br />and construction of drainage improvements for 66th Avenue between 81St Street <br />and 85th Street, and Developer agrees to provide a suitable location within <br />Parcels D1 and D2 to permit the County to construct a temporary stormwater <br />facility, provided, however, the Developer shall have the right to review and <br />approve the plans for any such Facilities construction. If constructed by the <br />County, the Developer shall have the right to modify the Stormwaters Facilities <br />so long as the 66th Avenue stormwater volumes are not compromised. Within <br />60 -days from the date of this Agreement, the Developer agrees to grant a <br />temporary non-exclusive easement for access, construction, maintenance and <br />use of the temporary stormwater facility located on Parcels Dl and D2. In any <br />case, whether constructed by the County or by the Developer, all fill dug or <br />removed from the Ryall Stormwater Park Tract shall remain the property of the <br />Developer for use by the Developer in conjunction with development of Liberty <br />Park PDTND. The County shall be allowed the use 10,000 cubic yards of <br />material for the construction of 66th Avenue at no cost to the County. The <br />Developer shall store this material at a location of Developer's choosing near <br />the east side of 661h Avenue near 81" Street. The Developer shall provide a 50 - <br />foot temporary non-exclusive easement for access, construction, and <br />maintenance on both sides of the Sebastian River Improvement District R13E <br />drainage ditch west from 66th Avenue to the existing SRID drainage ditch for <br />construction of the portion of the drainage ditch that currently does not exist in <br />
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