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it <br />V Office Of Consent Agenda 04/04/2023 <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Susan J. Prado, Assistant County Attorney <br />MEMORANDUM <br />TO: The Board of County Commissioners <br />THROUGH: Richard B. Szpyrka, P.E., Public Works Director <br />FROM: William K. DeBraai, Deputy County Attorney <br />DATE: March 29, 2023 <br />SUBJECT: Release of Easement for Drainage and Satisfaction of Developer's <br />Agreement for Grace Baptist Church of Vero Beach <br />In January 2004, the County and Grace Baptist Church of Vero Beach, Inc., (Grace <br />Baptist) entered into a Developer's Agreement concerning stormwater treatment for <br />proposed improvements to 43rd Avenue between 12 and 16th Streets. The Developer's <br />Agreement is recorded in the Public Records of Indian River County. At the time, Grace <br />Baptist was planning an expansion of their facility which would have necessitated <br />reconfiguration of their stormwater treatment system. The Agreement called for Grace <br />Baptist to grant to the County an Easement for drainage for the church to take in and treat <br />stormwater runoff from 431 Avenue in its expanded condition. The County agreed to pay <br />Grace Baptist $35,000: $5,000 to cover engineering costs to modify their existing permits <br />and $30,000 for the drainage easement. Grace Baptist conveyed the drainage easement <br />to the County and the County paid Grace Baptist $35,000. <br />In March 2019, the County and Grace Baptist entered into a First Addendum to <br />Developer's Agreement (not recorded) that stated the County was no longer in need of <br />the Easement for drainage and that Grace Baptist would return $30,000 to the County <br />that had been paid to Grace Baptist for the easement. Payments were to be paid in 5 <br />installments of $6,000 each. The County agreed to release the easement when the <br />$30,000 was paid in full. Grace Baptist has repaid the $30,000 in full and the County is <br />now obligated to release the Easement for drainage and declare the Developer's <br />Agreement, the Addendum and the Drainage Easement Agreement satisfied. <br />FUNDING: There is no expenditure of County funds associated with this matter. <br />40 <br />