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2005-152
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2005-152
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Last modified
7/15/2016 2:27:38 PM
Creation date
9/30/2015 8:42:40 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Grant
Approved Date
05/03/2005
Control Number
2005-152
Agenda Item Number
11.J.5
Entity Name
Grand Harbor North Land LLC Ecotech Consultants, Inc.
Subject
Grant of Restoration, Access and Recreation Easement
Environmental Learning Center
Supplemental fields
SmeadsoftID
4895
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( b ) All costs of construction and future maintenance of the Site shall be the <br /> County' s responsibility . <br /> ( c) No structures , other than the Equipment for the waterworks shall be <br /> permitted on the Site . When consistent with regulatory design <br /> requirements that may dictate final design , the County will place the <br /> Equipment in such locations as will cause minimal visual impact from the <br /> adjacent uplands and shall be aesthetically screened from the view of the <br /> remainder of the Property with low maintenance native plant material <br /> landscaping installed and maintained by the County so long as the <br /> aesthetic features do not preclude function dictated by regulatory <br /> requirements . The Project design will provide that all wetlands and <br /> wetland buffers will be located within the Site . <br /> (d ) Although it is anticipated that this Project will provide significant wetland <br /> improvements that will likely reduce the need for mosquito control , the <br /> Indian River County Mosquito Control District will be allowed access to the <br /> Site for the purpose of mosquito control . <br /> (e) The Project shall be designed to prevent adverse impacts to the Property . <br /> If material adverse impacts develop the County agrees to promptly use <br /> reasonable efforts to remedy the same . <br /> (f) The parties agree that this Project is contingent on the County obtaining <br /> all needed permits from the various regulating agencies . In the event that <br /> the Project is denied any required permit from a regulatory authority and <br /> the denial of that permit prohibits the completion of the Project or 18 <br /> months passes from the signing of this agreement without permit <br /> approval , Grand Harbor shall be allowed to terminate this Agreement on <br /> six months written notice to the County Utility Director . A fully executed <br /> Release of Grant of Restoration , Access and Recreation Agreement in <br /> appropriate form for recording (the " Release ") has been delivered to <br /> Grand Harbor' s counsel ( " Escrow Agent" ) to be held in escrow . In the <br /> event Grand Harbor delivers the termination notice to the County Utility <br /> Director as herein provided and delivers a copy of such notice to the <br /> Escrow Agent , the parties agree that the Escrow Agent is hereby <br /> instructed and authorized to record the Release 180 days after delivery of <br /> the notice . However , if the County Utility Director can show that the <br /> Project has been given conceptual approval from the permitting agencies <br /> and the County has proceeded with due diligence in acquiring all needed <br /> permits , a 180 day extension shall be given to the County before the <br /> escrow agent records the Release . <br /> (g ) For the purposes of this project only , Grand Harbor gives the County <br /> permission to apply for any necessary permits including , but not limited to , <br /> site plan approval and permits for the Equipment on behalf of Grand <br /> Harbor . Grand Harbor agrees to cooperate with County , at the County' s <br /> 3 <br />
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