HomeMy WebLinkAbout1999-176-; 1 q�
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O IN THE RECORDS of tea- F
JEFFREY
K. BARTON 'I , .t
CLERK CIRCUI'i COURT
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1ND' N RIVER CO>, FLA. -J
(DEVELOP.MCH)
DEVELOPER'S AG JM0CENT
FOR
INITIAL OR FINAL CONCURRENCY REVIEW
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WHEN
WATER/WASTEWATER PLANT CAPACITY AND/OR
DISTRIBUTION/COLLECTION FACILITIES ARE NOT AVAILABLE
•
THIS AGREEMENT, made this day of�,tp- 199F
by and between
INDIAN RIVER COUNTY, a political subdivision of the State of.
Florida, whose address is 1840 25th Street, Vero Beach, Florida,
32960, ::ereinafter called "COUNTY,"
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and
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hereinafter called "DEVELOPER;"
W I T N E S S E T H T H A T
WHEREAS, with the adoption of Chapter 163, Part II, Florida
Statutes, and Chapter 9-J-5, Florida Administrative Code, no
development orders may be granted by the COUN'T'Y on the request by a
DEVELOPER for a development permit, unless public facilities and
services needed to support the development are available concurrent
with the impact of such devclopmnent; and
WHEREAS, a development permit is defined by Section 163.3164,
E.S., to be any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or other
official action of local government having the effect of permitting
the development of land; and
WHEREAS, to ensure that the COUNTY complies with the law, the
COUNTY has adopted a Concurrency Management System (hereinafter CMS)
which requires that all development permit requests be reviewed under
conditional, initial, or final concurrency standards for water,
sewer, traffic, solid waste, parks and recreation, and drainage.
WHEREAS, the CMS requires in certain instances that developer's
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agreements be entered into which set out the obligations of DEVELOPER
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in order to obtain a concurrency approval; and
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T 6 docn►nent W" prepwod by
'111,1 s3:o:i? l h; retl:rned to
G -nllc Ccr a_i y � i, or11cy'a Office, 1
1L141 2;ii1k St., Vero Bea*
Florida 32960
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WHEREAS, this agreement is that developer's agreement required
under the CMS,
NOW, THEREFORE, for and in consideration of the mutual promises
and other consideration, the receipt of which is hereby acknowledged,
COUNTY and DEVELOPER agree as follows:
1. TYPE OF CONCURRENCY REVIEW:
This agreement is for the following concurrency review:
Initial ( )
Final (�
2. TYPE OF DEVELOPMENT PERMIT BEING APPLIED FOR:
This agreement is for the following development permit:
Comprehensive Plan Amendment ( )
Rezoning ( )
Conceptual Project Approval ( )
Preliminary Subdivision Plat ( )
Site Plan (commercial/multifamily) ( )
Planned Development ( )
DRI ( )
Subdivision Land Development Permit ( )
Building Permit (�
Change in Use Increasing Density ( )
or intensity
3. TYPE OF FACILITY OR SERVICE BEING REVIEWED:
Water /
Wastewater (fy
4. PROPERTY DESCRIPTION:
The legal description of the property subject to this
agreement is described as follows:
,�.af � Oft �Qr�o (�smmn✓�ia� �H�%C.
ADDRESS OF SUBJECT PROPERTY:
5. NUMBER OF EQUIVALENT RESIDENTIAL UNITS (F.RUS):
C)
This concurrency review covers the following number of
ERUs, all as derived from Developer's Application No. 196 4-865-1 -065 �y
00
Water ERUs ...-
Wastewater ERUs cro
C:)
X10
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6. OWNERSHIP AND TITLE:
The names, addresses, and telephone numbers of the legal
and equitable owners of the property and their respective interests
are as follows:
6S&J� l 15�
• ,parr l�rP�J
7. RECORDING:
• This agreement may be recorded in the Public Records of
Indian River County and shall be binding on the heirs, successors,
and assigns of DEVELOPER.
8. REQUIREMENTS OF DEVELOPER TO OBTAIN CONCURRENCY
CERTIFICATE WHEN CAPACITY AND/OR DISTRIBUTION/COLLECTION FACILITIES
ARE NOT AVAILABLE:
A. DEVELOPER acknowledges that plant capacity and/or
distribution/collection facilities are not now available
and that DEVELOPER must provide the necessary plant
capacity in a manner acceptable to the COUNTY, and must
show the utilities on any development plans. Any plant
capacity provided by DEVELOPER which will not be a
permanent part of the COUNTY utility system shall be
abandoned by DEVELOPER when COUNTY facilities become
available and DEVELOPER shall then connect to the COUNTY
system and shall pay the then -current impact fees.
9. FUTURE ASSESSMENTS
DEVELOPER may be required to participate in any future
assessment projects that would provide water/wastewater
facilities to serve the subject property.
10. REUSE WATER
DEVELOPER may be required by law to accept treated
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effluent for reuse w: -.en available in the future, in an
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amount- not to exceed the volume of sewage generated by the
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Development.
.
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C0G LETS ZITHER PAGE 4 OR 5, WHICHEVER IS APPLICAALE
IN WITNESS WHEREOF, the undersigned parties have executed this
agreement on the date first above written.
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Charles P. Vitunac
6
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County Attorney
�- Wald Hub S, P.E.
Director of Utility Services
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
INDIAN RIIVER COUNTY, FLORIDA
Aomes E. Chandler
unty Administrator
The foregoing instrument was acknowledged before me this
T day of. TLC_K) [" , 1998, by JAMES E. CHANDLER, who
;,s personally known to me as County Administrator for Indian River
County, and who did take an oath.
Notary Public, Commission No. _
(signature),
_ (Name of Notary typed, printed, or
stamped) -
MARGAREiA.GUNiER
�• •'' MY COMMISSION ! CC 677487
d E(P"eS: January 4,2002
!`
(SEAL ABOVE) 'r„P., fianme Th u No vy Pub6c Un1Ew ue s
DEVTE 4,
si_qnaturq ( y si, at -„r5
r name printed or typed name
SYcinakUre - I
prinuea or uypea name
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The oregoing instrument waknowledged before me this
Q'5—'t,Uclyn 199R, by I )
who is perso l y known to me_or who (name of p rson acknowledging)
has produced_h1b) CULOQ/Lb: Q1�Q-mazes as identification and
(type of identification)
who did (did not) take an oath.
01 �)(C:7kO _, j Notary Public, Corrmuission No. (z 1s �
(ure ) —tl --
(Name of Notary typed, printed, or
L� Public. State of ftrMa
omm. Expires Apr 17, 7004No. CC648388
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