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Boax 96 po�cE 740 <br />AGREEMENT FOR EXTENSION OF TIME FOR PERFORMANCE - <br />GRAND HARBOR - EMS STATION <br />The Board reviewed a Memorandum of November 29, 1995: <br />TO: The Board of County Commissioners <br />FROM: e�t, William G. Collins II - Deputy County Attorney <br />DATE: November 29, 1995 <br />SUBJECT: Agreement for Extension of Time for Performance - Grand <br />Harbor Fire/EMS Station <br />Under an Agreement for Disaster Preparedness between River Harbor, Inc. <br />and Indian River County dated January 9, 1991, River Harbor, Inc. agreed <br />to donate 1.1 acres of land at the northwest corner of Indian River <br />Boulevard and 45th Street for a future fire/emergency service station. <br />River Harbor, Inc. transferred the Grand Harbor project to a new <br />developer, GHA Grand Harbor, Ltd. which transfer was consented to by the <br />Board on August 6, 1991 by Resolution 91-87. Subsequently, GHA Grand <br />Harbor, Ltd. by Special Warranty Deed dated December 9, 1991 conveyed the <br />1.1 -acre fire/EMS station site to Indian River County. <br />The deed had a provision that the County must commence construction within <br />three years of the date of the deed and if they failed to do so, the <br />developer would have the right to repurchase the site within three years and <br />three months from the date of the deed. <br />The time for commencement of construction and to repurchase were extended <br />by an Agreement to Modify Restrictive Covenant dated 10/26/93 for a period <br />of one year. Under the extension, commencement of construction was to <br />begin by December 11, 1995. <br />Presented is a second "Agreement for Extension of Time for Performance" <br />which would extend the commencement and repurchase dates by an additional <br />two years. As conditions to the extension, GRA Grand Harbor, Ltd. wishes <br />to have the right to substitute a new location and review the architecture <br />and design. (See paragraphs 4 and 5 of the extension agreement.) <br />RECOMMENDATION: <br />Approve the draft "Agreement for Extension of Time for Performance" with <br />the following revisions: <br />a. References in paragraph 6 to the Development Order for Grand <br />Harbor should refer to "Resolution 85-128, as amended." <br />b. Paragraph 4 should be revised to read "GHA Grand Harbor, Ltd. <br />has the right to substitute a new location of similar size, value, <br />access and utility for the fire/EMS station at any time within the <br />terms of this agreement, subject only to the County's approval, <br />which approval shall not be unreasonably withheld." <br />ON MOTION by Commissioner Adams, SECONDED by <br />Commissioner Bird, the Board by a 4-0 vote <br />(Commissioner Eggert being absent) unanimously <br />approved the Agreement with GHA Grand Harbor, Ltd. <br />extending the date for commencement of construction <br />of the Fire/EMS Station by the County to and <br />including December 11, 1997, as recommended by <br />staf f . <br />AGREEMENT IS ON FILE IN THE OFFICE OF THE <br />CLERK TO THE BOARD <br />DECEMBER 5, 1995 44 <br />