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• 7 - t5 - © g <br /> apa g _ A3 <br /> DEVELOPER'S AGREEMENT <br /> BETWEEN <br /> GRAND HARBOR NORTH LLC AND INDIAN RIVER COUNTY, FLORIDA <br /> FOR PLACEMENT OF FILL FROM SPOONBILL MARSH SITE <br /> This Developer 's Agreement entered into this 10 day Ta44Y , 2008 by <br /> Grand Harbor North LLC , a Delaware corporation whose mailing address is <br /> 3755 7th Terrace , Suite 301 , Vero Beach , FL 32960 , hereinafter called Grand <br /> Harbor and Indian River County, a political subdivision of the state of Florida, <br /> whose mailing address is 1801 27th Street , Vero Beach , FL 32960 , hereinafter <br /> County . <br /> WITNESSETH <br /> WHEREAS , Grand Harbor and the County entered into a Grant of <br /> Restoration , Access and Recreation Easement dated May 3 , 2005 and later <br /> amended February 6 , 2007 , hereinafter referred to as the Agreements ; and <br /> WHEREAS , the Agreements were entered into between the parties for <br /> construction of a system of lakes and runnels so that the brine discharge from <br /> the County 's North County Reverse Osmosis Drinking Water Plant could be <br /> blended with the water from the Indian River Lagoon in a series of detention <br /> lakes that will permit flow of the treated water into the Indian River Lagoon <br /> while providing for estuarine habitat , passive recreation and nature trails . This <br /> project is now known as the Spoonbill Marsh ; and <br /> WHEREAS , in order to construct the ponds and runnels the County will <br /> have to excavate approximately 90 , 000 cubic yards of material , consisting of <br /> sand , rock and organic matter ; and <br /> WHEREAS , there currently is not a financially sound market available for <br /> the sale of the excavated material ; and <br /> WHEREAS , without a market for sale of the excavated material , the <br /> County would have to have the material hauled off site to store it on County <br /> owned property or take it to the land fill ; and <br /> WHEREAS , Grand Harbor has offered to accept the excavated material <br /> onto their property in near proximity to the Spoonbill Marsh ; and <br /> WHEREAS , the excavated material will be suitable for building <br /> landscaping berms and possibly roadways but not as fill for foundations ; and <br /> WHEREAS , the current plan for construction of Spoonbill Marsh will <br /> provide existing haul routes without additional impact to the environment ; and <br /> WHEREAS , the County has awarded the contract to construct Spoonbill <br /> Marsh to Tim Rose Contracting, Inc . who will haul excavated material to a <br /> cleared parcel of Grand Harbor property ; and <br /> 1 <br />