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• <br />X0 <br />® UILESERVER\PUBLIC\Public Works\BLT01fa\data00\Contr&Agr\Contract-Agr\UnityCntlO-6.doc 10/6/00 <br />p0- 3,93 <br />DEVELOPER'S AGREEMENT / EASEMENT <br />between <br />INDIAN RIVER COUNTY, FLORIDA <br />and <br />UNITY CENTER OF VERO BEACH, Inc. <br />This Developer's Agreement, entered into this 24th day October , 2000 by and <br />between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, by <br />and through its Board of County Commissioners, hereinafter referred to as COUNTY and the <br />UNITY CENTER OF VERO BEACH, Inc., hereinafter referred to as UNITY CENTER, for the <br />purpose of providing drainage facilities. <br />WITNESSETH: <br />WHEREAS, the UNITY CENTER owns 7.01 acre parcel of land along the east side of 43'd <br />Avenue, south of 10' Street, known as Tax Parcel ID #10-33-39-00001-0130-00003.0, as described <br />in Exhibit "A" (The Property), and <br />WHEREAS, both the COUNTY and UNITY CENTER share mutual concerns with respect <br />to drainage facilities for 43rd Avenue and development of UNITY CENTER property located <br />adjacent to 43' Avenue; and <br />WHEREAS, both the COUNTY and UNITY CENTER can assist each other through a joint <br />effort that will facilitate a solution to the drainage problems in the area; and <br />WHEREAS, "Surface Water or Stormwater Management System" means a system which <br />is designed and constructed or implemented to control discharges which are necessitated by rainfall <br />events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to <br />prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or <br />otherwise affect the quantity and quality of discharges from the system, as permitted pursuant to <br />Chapters 40C-4, 40C-40, or 40C-42, F.A.C., and <br />WHEREAS, maintenance of the surface water or stormwater management system(s) shall <br />mean the exercise of practices which allow the systems to provide drainage, water storage, <br />conveyance or other surface water or stormwater management capabilities as permitted by the St. <br />Johns River Water Management District. The parties to this Developer's Agreement shall be <br />responsible for such maintenance and operation as specifically set forth in this Agreement. Any <br />repair or reconstruction of the surface water or stormwater management system shall be as permitted, <br />1 of 5 <br />