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Home My WebLink About1991-076RESOLUTION NO. 91- 7fi A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF A DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RIVER HARBOR, INC. REGARDING DISASTER PREPAREDNESS IN SATISFACTION OF DEVELOPMENT ORDER (RESOLUTION NO. 85-128, PARAGRAPHS 43 THROUGH 45). WHEREAS, the Development Order for Grand Harbor requires certain disaster preparedness steps be taken and in place prior to the issuance of any Certificates of Occupancy beyond 300; WHEREAS, the developer wishes to satisfy said condition of the Development Order through the execution of a Developer's Agreement with Indian River County; and WHEREAS, Indian River County has reviewed the proposed plan and it has been determined and accepted as adequate by the Indian River County Department of Emergency Services, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The above recitals are true and ratified. 2. The Chairman of the Board of County Commissioners is authorized to execute the Developer's Agreement attached as Exhibit "A" hereto. The foregoing resolution was offered by Commissioner Scurlock__ and seconded by Commissioner and, being put to a vote, the vote was as Eggert follows: Chairman Richard N. Bird Ade Vice Chairman Gary C. Wheeler _Le Commissioner Margaret C. Bowman _fie Commissioner Don C. Scurlock, Jr. Ade Commissioner Carolyn K. Eggert _fie 1 RESOLUTION NO. 91-76 The Chairman thereupon declared the resolution duly passed and adopted this 9th day of July , 1991. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ATTEST• Admin Legal Budget Risk Mgr. 0 0 11/8(21):12/3/90(PLAN6)LEGAL(WGC/nhm) EXHIBIT"A" AN AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RIVER HARBOR, INC. ON DISASTER PREPAREDNESS WHEREAS, Indian River County approved a Development Order for the Grand Harbor Development of Regional Impact by Resolution No. 85-128 on October 23, 1985 ; WHEREAS, paragraphs 43, 44, and 45 of that Resolution No. 85-128 contained the disaster preparedness portions of the Development Order; WHEREAS, paragraph 43 of the Development Order sets the standard for emergency shelter which must be provided by the Grand Harbor development at build out; WHEREAS, paragraph 44 of the Development Order allows these shelter requirements to be provided through a cash contribution in lieu of the equivalent cost of such space if approved by the County; WHEREAS, the Grand Harbor development cannot proceed beyond 300 Certificates of Occupancy until the disaster preparedness paragraphs of the Development Order are satisfied; WHEREAS, River Harbor, Inc. has proposed an equivalent cash contribution in lieu of provision of such space, which proposal has been reviewed and approved by the Indian River County Department of Emergency Services; and WHEREAS, River Harbor, Inc. wishes to proceed in its development beyond is 300th Certificate of Occupancy and Indian River County wishes to ensure that the conditions of the Development Order are satisfied: IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES THAT: 1. The above recitals are affirmed In their entirety. 2. River Harbor, Inc. will donate to Indian River County 1.1 acres of land at the northwest corner of the intersection of proposed Indian River Boulevard north extension and proposed 45th Street easterly extension for a future fire station and emergency services station. (See attached Exhibit "A" - legal description and Exhibit "B" - survey.) 3. Indian River County shall see to It that the design of 45th Street and Indian River Boulevard have a centerline elevation of not less than the 100 -year flood plain elevation in order to guarantee compliance with Development Order paragraph 45. 4. The 1.1 acre fire station/emergency services station shall be conveyed to Indian River County by special warranty deed. 1 AN AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RIVER HARBOR, INC. ON DISASTER PREPAREDNESS WHEREAS, Indian River County approved a Development Order for the Grand Harbor Development of Regional Impact by Resolution No. 85-128 on October 23, 1985 ; WHEREAS, paragraphs 43, 44, and 45 of that Resolution No. 85-128 contained the disaster preparedness portions of the Development Order; WHEREAS, paragraph 43 of the Development Order sets the standard for emergency shelter which must be provided by the Grand Harbor development at build out; WHEREAS, paragraph 44 of the Development Order allows these shelter requirements to be provided through a cash contribution in lieu of the equivalent cost of such space if approved by the County; WHEREAS, the Grand Harbor development cannot proceed beyond 300 Certificates of Occupancy until the disaster preparedness paragraphs of the Development Order are satisfied; WHEREAS, River Harbor, Inc. has proposed an equivalent cash contribution in lieu of provision of such space, which proposal has been reviewed and approved by the Indian River County Department of Emergency Services; and WHEREAS, River Harbor, Inc. wishes to proceed in its development beyond is 300th Certificate of Occupancy and Indian River County wishes to ensure that the conditions of the Development Order are satisfied: IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES THAT: 1. The above recitals are affirmed In their entirety. 2. River Harbor, Inc. will donate to Indian River County 1.1 acres of land at the northwest corner of the intersection of proposed Indian River Boulevard north extension and proposed 45th Street easterly extension for a future fire station and emergency services station. (See attached Exhibit "A" - legal description and Exhibit "B" - survey.) 3. Indian River County shall see to It that the design of 45th Street and Indian River Boulevard have a centerline elevation of not less than the 100 -year flood plain elevation in order to guarantee compliance with Development Order paragraph 45. 4. The 1.1 acre fire station/emergency services station shall be conveyed to Indian River County by special warranty deed. 1 5. An appraisal of the present value of the 1.1 acre shall be prepared by the MAI firm of Armfield-Wagner, Inc. at River Harbor, Inc.'s expense to determine present value at the time of conveyance. 6. If Indian River County does not commence construction of a fire /EMS station within 3 years of the time of conveyance and if River Harbor, Inc. or its successor(s) in title pay to the County the value of the property as established by the appraisal mentioned in the paragraph above, Indian River County shall execute a special warranty deed conveying the 1.1 -acre parcel back to River Harbor, Inc., or such other entity as River Harbor, Inc. shall designate. 7. In addition to the property dedicated pursuant to paragraph 2 above, River Harbor, Inc. agrees to make a cash contribution of $90,000.00 in lieu of construction of shelter space required by paragraph 43 of the Development Order (Resolution No. 85-128). 8. The first installment shall be of $50,000.00 and payable before Indian River County shall issue Certificate of Occupancy No. 301 to the Grand Harbor development. 9. Except as provided in paragraph 10 below, the balance of $40,000.00 shall be paid to Indian River County before the issuance of the Certificate of Occupancy number 1,201 to the Grand Harbor development. 10. Indian River County shall utilize the cash contribution for improving current shelter sites to accommodate Grand Harbor residents. Upon a date which is two (2) years following the date of the contribution referred to in paragraph 8 above, the Director of Emergency Services shall determine whether the capacity of the shelter being retrofitted via cash contribution to Indian River County is sufficient to shelter 19% of the then existing Grand Harbor population based on a formula defining adequate capacity as 40 square feet per person. In the event there is not sufficient capacity to shelter 19% of the then existing Grand Harbor population, the contribution referred to in paragraph 9 above shall be due and payable to Indian River County within sixty (60) days' written notice to River Harbor, Inc. from the Director of Emergency Services stating that shelter capacity is insufficient. If the capacity of such shelter is sufficient to shelter 19% of the then existing Grand Harbor population at that time, paragraph 9 above shall apply to the payment due date of installment number 2. In consideration of the mutual promises and covenants listed above, the parties to this agreement hereby set their hand and seal this 9th day of Jula_______, 1991. Indian Rive Co Approved Oath Admin. q C -z- q i Legal %.„ Fs "It Budget O Z'' .?/ r Dept. ,(L P;L �i ' 3 IlL Risk Mgr. N 1 ww BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Richard N. Birt, Chairman RIVER HARBOR, INC. By LEGAL LIESCRIPTIf1N A PARCEL. UF' LAND LYING 114 SE:CIIIIN 23, TIIWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS* COMMENCE AT THE S.1'.CO1iNER OF SEC. 23, TWP. 32 SOUTH RANGE 39 FAST, RUN Sti9"57'02'W AL CIN(i THE SOUTH PROPERTY LINE UF AFORESAID SECTION 23, FOR A DISTANCE OF 1111.51 FEET TI) 111E POINT (1F BEGINNING) THENCE, CONTINUE S89'57'02'W ALONG DIE SOUTH LINE OF AFORESAID SECT HMI 23, FI1R A DISTANCE [IF 220.46 FEET TO A PUIN1, THE.NCE RUN 1100'01'03'E FUR A DISTANCE IW 438.38 FEET 11) A PRINT, IIIENCE, RUN 526'41'37'E FOR A DISTANCE CIF 490.47 FEET 1LI THE PCIINT IIF BEGINNING. SAI11 PARCEL Ct1NIAININ(i 1.11 ACRES MORE UR LESS. AND LYING WHOLLY 114 IIH)IAII RIVER COUNTY, FLIIRIDA. SUBJECT TO Alt EASEMENTS At11) RIGHTS 11F WAY OF RECORD. 1 EXHIBIT -"A"1 •?: Exhibit "B" (the survey) is located in the County Attorney's Office pending the closing of this property. EXHIBIT "B"1