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3300 <br />TM?content <br />,.r. :llould he , €t rne4 to <br />.irty t!t•..:e.EiiSSty d Office, <br />1840 .25th St., Ven Beach, <br />Florida 32960 <br />?Ms_ ivneli <br />1/.x:1 O/ -o6 -d9 <br />F:\Public Works\Capital Projects\Forty-Third Avenue\contracts&agr\GBC12-8-03.agr.doc <br />1507481 <br />THIS DOCUMENT HAS BEEN RECORDED <br />IN THE PUBLIC RECORDS OF <br />INDIAN RIVER COUNTY FL <br />BK: 1681 PG:897, Pagel of 7 <br />01/12/2004 at 04:01 PM, <br />DEVELOPER'S AGREEMENT <br />between <br />INDIAN RIVER COUNTY, FLORIDA <br />and JEFFREY K BARTON, CLERK OF <br />GRACE BAPTIST CHURCH OF VERO BEACH, INrRT <br />d 9 -002 - <br />This Agreement, entered into this 6th day of January , 2004 by <br />and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of <br />Florida, by and through its Board of County Commissioners, hereinafter referred to as <br />`COUNTY" and GRACE BAPTIST CHURCH OF VERO BEACH, INC., hereinafter <br />referred to as "GRACE BAPTIST', for the purpose of providing surface and storm water <br />runoff drainage facilities. <br />WITNESSETH <br />WHEREAS, GRACE BAPTIST owns a 3.64 acre parcel of land along the west <br />side of 43 d Avenue, north of 12th Street, known as Tax Parcel ID #09-33-39-00001- <br />0080-00002.0, as described in Exhibit "A' (The Property), and <br />WHEREAS, both the COUNTY and GRACE BAPTIST share mutual concerns <br />with respect to drainage facilities for 43rd Avenue and GRACE BAPTIST'S property <br />located adjacent to 43rd Avenue, and <br />WHEREAS, both the COUNTY and GRACE BAPTIST can assist each other <br />through a joint effort that will facilitate better drainage in the area; and <br />WHEREAS, 'Surface Water or Stormwater Management System" means a <br />system which is designed and constructed or implemented to control discharges which <br />are necessitated by rainfall events, incorporating methods to collect, convey, store, <br />absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over drainage, <br />environmental degradation, and water pollution or otherwise affect the quantity and <br />quality of discharges from the system, as permitted pursuant to Chapters 40C-4, 40C- <br />40, or 40C-42, F.A.C., and <br />WHEREAS, "Maintenance" of the surface water or stormwater management <br />system(s) shall mean the exercise of practices which allow the systems to provide <br />drainage, water storage, conveyance or other surface water or stormwater <br />management capabilities as permitted by the St. Johns River Water Management <br />Page 1 of 5 <br />