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2005-152
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2005-152
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WHEREAS , The County has provided to Grand Harbor a conceptual plan <br /> for the Project (the " Plan " ) attached hereto and incorporated herein as Exhibit " C " and <br /> such Plan has been relied upon by Grand Harbor in the decision to enter into this <br /> Agreement ; and ; <br /> WHEREAS , Grand Harbor recognizes the ecological significance of the <br /> Site and wishes to allow the County to return the property to a high functioning <br /> estuarine wetland system while also providing for passive recreation in the form of <br /> boardwalks , fishing areas and nature trails ; and <br /> WHEREAS , the County is authorized to make these improvements <br /> pursuant to Indian River County Code 928 . 05 ; and <br /> WHEREAS , for the purposes of this document , the term "wetlands " shall <br /> mean the definition of wetlands found in the administrative rules and regulations of the <br /> Florida Department of Environmental Protection ; and <br /> WHEREAS , subject to the terms and conditions of this Agreement Grand <br /> Harbor hereby conveys to the County an easement in the Site as described herein <br /> 1 . NOW THEREFORE , for the consideration recited above and for other good and <br /> valuable consideration , the receipt and sufficiency of which is hereby <br /> acknowledged , the parties agree as follows : The County will use the Site to <br /> discharge into detention ponds blended water from the Indian River and water <br /> from the North County Water Treatment Plant Reverse Osmosis brine waste <br /> stream . The County will modify the Site by limited excavation and fill activities to <br /> create a system of detention ponds , marshes , runnels , piping , mix/splitter box <br /> and lift stations , hereinafter, the " Equipment" , sufficient to treat and hold the <br /> blended water until its eventual out flow into the Indian River Lagoon . The lift <br /> stations and any above ground equipment is expected to be similar in size and <br /> appearance to a sewer lift station , but in any case shall not exceed a 20 ' x 20 ' <br /> pad and equipment on the pad shall not exceed 10 feet in height and shall be <br /> similar in appearance to those currently located within the Grand Harbor <br /> community located south of the Property ( " GH South " ) . Prior to submission of <br /> requests for building permits or commencing any excavation or other work for the <br /> Structures , the County shall provide plans of the Structures and landscaping to <br /> Grand Harbor for review and approval . In addition , the County shall advise Grand <br /> Harbor of any changes to the plans for the Structures prior to implementing such <br /> changes and Grand Harbor shall have the right to review and approve the same . <br /> Grand Harbor' s review and response to plans or design alternatives shall be <br /> given within 7 business days from receipt from the County . Approval by Grand <br /> Harbor shall not be unreasonably withheld or delayed . In addition to the <br /> foregoing , the parties agrees as follows : <br /> ( a) The County shall be responsible for obtaining all permits for uses of the <br /> Site . <br /> 2 <br />
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