2008-236 - Laserfiche WebLink

Home Browse Search

r, DEVELOPER'S AGREEMENT BETWEEN GRAND HARBOR NORTH LLC AND INDIAN RIVER COUNTY, FLORIDA FOR PLACEMENT OF FILL FROM SPOONBILL MARSH SITE 7-t5-08 IQ T 5 AOO g _ A3 6 This Developer's Agreement entered into this 10 day XALY , 2008 by Grand Harbor North LLC, a Delaware corporation whose mailing address is 3755 7th Terrace, Suite 301, Vero Beach, FL 32960, hereinafter called Grand Harbor and Indian River County, a political subdivision of the state of Florida, whose mailing address is 1801 27th Street, Vero Beach, FL 32960, hereinafter County. WITNESSETH WHEREAS, Grand Harbor and the County entered into a Grant of Restoration, Access and Recreation Easement dated May 3, 2005 and later amended February 6, 2007, hereinafter referred to as the Agreements; and WHEREAS, the Agreements were entered into between the parties for construction of a system of lakes and runnels so that the brine discharge from the County's North County Reverse Osmosis Drinking Water Plant could be blended with the water from the Indian River Lagoon in a series of detention lakes that will permit flow of the treated water into the Indian River Lagoon while providing for estuarine habitat, passive recreation and nature trails. This project is now known as the Spoonbill Marsh; and WHEREAS, in order to construct the ponds and runnels the County will have to excavate approximately 90,000 cubic yards of material, consisting of sand, rock and organic matter; and WHEREAS, there currently is not a financially sound market available for the sale of the excavated material; and WHEREAS, without a market for sale of the excavated material, the County would have to have the material hauled off site to store it on County owned property or take it to the land fill; and WHEREAS, Grand Harbor has offered to accept the excavated material onto their property in near proximity to the Spoonbill Marsh; and WHEREAS, the excavated material will be suitable for building landscaping berms and possibly roadways but not as fill for foundations; and WHEREAS, the current plan for construction of Spoonbill Marsh will provide existing haul routes without additional impact to the environment; and WHEREAS, the County has awarded the contract to construct Spoonbill Marsh to Tim Rose Contracting, Inc. who will haul excavated material to a cleared parcel of Grand Harbor property; and 11