2004-002 - Laserfiche WebLink

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• • k over, across, and beneath the "The Property" to facilitate construction of the COUNTY'S Project. This easement shall exist only until completion of the construction work. 12. The COUNTY or COUNTY'S contractor, shall execute all construction work necessary on GRACE BAPTIST'S site to modify the existing stormwater retention areas as part of the 43rd Avenue project. 13. All excavated material from the pond(s) shall be the property of GRACE BAPTIST. 14. GRACE BAPTIST shall have the right to relocate or otherwise change the pond so long as its functionality for the COUNTY'S stormwater is maintained. 15. The COUNTY shall pay GRACE BAPTIST for the following: a. One-time payment for COUNTY portion of the perpetual maintenance of the pond. b. Premium for perpetual right to drain stormwater into GRACE BAPTIST'S pond. c. Cost of Engineering Services for GRACE BAPTIST Consultant to modify existing permits • $ 20,000.00 $ 10,000.00 $ 5,000.00 Total = $ 35,000.00 16. The COUNTY'S payments are in consideration of GRACE BAPTIST'S perpetual maintenance of the system and the COUNTY'S perpetual right to drain into the pond. The COUNTY shall make payment upon receipt of GRACE BAPTIST'S request, after completion of the construction of the modifications to the pond. The COUNTY shall make payment for the cost of engineering services as GRACE BAPTIST'S consultant progresses with the designs and requests partial payments, and will make final payment upon submission of the certified copy of the stormwater permit from SJRWMD. The COUNTY shall make payment in accordance with the Florida Prompt Pay Act 17. Upon GRACE BAPTIST'S execution of this Agreement, GRACE BAPTIST'S heirs, legal representatives, successors and assigns will be bound by it. This Developer's Agreement shall be recorded in the public records of Indian River County. 18. This Agreement, regardless of where executed, shall be governed by and Page 4 of 5