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HomeMy WebLinkAbout1989-021' 2/14/89WGCORD(LEGAL)WCC/nhm 55' i S iy 4 y? 81 � i 4 :21 � F 4 RESOLUTION NO. 89- 21 yiQ A RESOLUTION OF THE BOARD OF COUNTY t € COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONSENTING TO THE TRANSFER OF ' THE APPROVAL OF THE GRAND HARBOR DEVELOPMENT OF REGIONAL IMPACT PURSUANT TO SECTION 4 OF RESOLUTION 85-128 FROM GRAND HARBOR, INC. TO RIVER HARBOR, INC. WHEREAS, the Board of County Commissioners of Indian River County, Florida, adopted Resolution85-128 on October 23, 1985, approving the Development Order for the Grand Harbor Development of Regional Impact located in Indian River County, Florida; and WHEREAS, such Development Order has been subsequently amended by Resolutions 86-4, 86-89, 86-108 and 87-147 and all such amendments are on file with the Clerk of the Board of County Commissioners of Indian River County, Florida; and WHEREAS, the former developer of the project now desires to transfer and convey to River Harbor, Inc. all of its Interest in the project and all approvals as they exist with Indian River County including, but not limited to, the Development Order as amended, all PRD, zoning, site plan subdivision, and all other approvals; and WHEREAS, the successor in interest has, pursuant to Section 4 of Resolution 85-128, assumed in a form acceptable to the County Attorney any and all applicable commitments, responsibilities, and obligations pursuant to the Development Order, including all special conditions of site plan approval, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: 1. Notice of Transfer of all of the subject property has been properly filed with the Indian River County Board of County Commissioners prior to the transfer, and 1 Commissioner Bowman and seconded by Commissioner Bird_ and, being put to a vote, the vote was as follows: Chairman Cary C. Wheeler Ate_ Vice Chairman Carolyn K. Eggert A@int Commissioner Richard N. Bird Axe_ Commissioner Margaret C. Bowman Ave Commissioner Don C. Scurlock, Jr. Ayt_ The Chairman thereupon declared the resolution duly passed and adopted this 21st day of February, 1989. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By �77-5Trman— ASSUMPTION OF OBLIGATION AGREEMENT FOR THE DEVELOPMENT ORDER APPROVING THE GRAND HARBOR DEVELOPMENT OF REGIONAL IMPACT - RESOLUTION 85-128 AS AMENDED. This agreement entered into this 21st day of February , 1989, by and between Indian River County, political subdivision of the State of Florida and River Harbor, Inc., successor in interest to the development known as Grand Harbor pursuant to Resolution 85-128 as amended for the Grand Harbor Development of Regional Impact. WHEREAS, the Board of County Commissioners of Indian River County, Florida, on the 23rd day of October, 1985, approved a Development Order for the Grand Harbor Development of Regional Impact, and, WHEREAS, the Development Order has been subsequently modified and all modifications thereto are on file with the Board of County Commissioners of Indian River County, Florida, and, WHEREAS, pursuant to the Development Order Section 4 requires Notice of Transfer of all or a portion of the property be filed with the Indian River County Board of County Commissioners prior to transfer and that the transferee assume in writing in a form acceptable to the county attorney of any and all applicable commitments, responsibilities, and obligations pursuant to the Development Order, and, WHEREAS, it is the intent of this agreement to fulfill the obligations of the Development Order Section 4. NOW THEREFORE, as a condition to the approval of the transfer by the Board of County Commissioners of Indian River County, Florida, River Harbor, Inc., the successor in interest to the Grand Harbor Development of Regional Impact, hereby agrees to and does assume all applicable commitments, responsibilities, and obligations set forth pursuant to the Development Order for the Grand Harbor Development of Regional Impact Resolution 85-128 as amended to date and Indian River County agrees that the Development Order is in good standing and is in full force and effect and that the successor in interest has fulfilled all of the notice and transfer provisions of the Development Order. I IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on behalf of Indian River County and the successor in interest. ChaikrTh of the Board Of Co ty Commissioners RIVER HARBOR, INC. By: C � Casimir Kuzm'rek icV' a President 138/11 2 Y- e e Board of C y omm'ssion rs Initnl6rn Co I ��4s .r.�,. � -Oate� L �J Z-z�-�c,�G C �-x/- - RM s" — —