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Home My WebLink About2000-323• X0 ® UILESERVER\PUBLIC\Public Works\BLT01fa\data00\Contr&Agr\Contract-Agr\UnityCntlO-6.doc 10/6/00 p0- 3,93 DEVELOPER'S AGREEMENT / EASEMENT between INDIAN RIVER COUNTY, FLORIDA and UNITY CENTER OF VERO BEACH, Inc. This Developer's Agreement, entered into this 24th day October , 2000 by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as COUNTY and the UNITY CENTER OF VERO BEACH, Inc., hereinafter referred to as UNITY CENTER, for the purpose of providing drainage facilities. WITNESSETH: WHEREAS, the UNITY CENTER owns 7.01 acre parcel of land along the east side of 43'd Avenue, south of 10' Street, known as Tax Parcel ID #10-33-39-00001-0130-00003.0, as described in Exhibit "A" (The Property), and WHEREAS, both the COUNTY and UNITY CENTER share mutual concerns with respect to drainage facilities for 43rd Avenue and development of UNITY CENTER property located adjacent to 43' Avenue; and WHEREAS, both the COUNTY and UNITY CENTER can assist each other through a joint effort that will facilitate a solution to the drainage problems in the area; and WHEREAS, "Surface Water or Stormwater Management System" means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, F.A.C., and WHEREAS, maintenance of the surface water or stormwater management system(s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St. Johns River Water Management District. The parties to this Developer's Agreement shall be responsible for such maintenance and operation as specifically set forth in this Agreement. Any repair or reconstruction of the surface water or stormwater management system shall be as permitted, 1 of 5 40 4P 40 F:\Public Works\BLTolfa\data00\Contr&Agr\Contract-Agr\UnityCntlO-6.doc 10/6/00 or if modified as approved by the St. Johns River Water Management District, and WHEREAS, any amendment to this Developer's Agreement which alters the surface water or stormwater management system, beyond maintenance in its original condition, including the water management portion of the common areas, must have the prior approval of the St. Johns River Water Management District, and WHEREAS, the St. Johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Developer's Agreement which relate to the maintenance, operation and repair of the surface water or stormwater management system. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter set forth, the COUNTY and UNITY CENTER agree as follows: 1. The above "WHEREAS" clauses are adopted and incorporated herein. 2. The COUNTY shall design, permit, and construct inlets, structures and piping to direct runoff from 43`d Avenue between 8' Street and 12' Street, and for 10' Street from 42nd Avenue to 43'd Avenue, to a stormwater retention pond on UNITY CENTER site as part of the 43`d Avenue Improvements Project at no cost to UNITY CENTER. 3. The COUNTY shall be responsible for the clean-up of any toxic spills and for the perpetual maintenance of improvements within the 43'd Avenue and 10' Street rights- of-way. 4. The COUNTY shall incorporate an inlet structure, to protect the pond from the washing in of large rubbish from the road, in the 43' Avenue project design. 5. The UNITY CENTER shall provide the land required for the entire pond at no cost to the COUNTY. The COUNTY portion of the land for the pond is valued at approximately $24,920.00. 6. The UNITY CENTER shall design, permit, and construct a stormwater retention pond and an outfall structure to the Indian River Farms Water Control District Sublateral Canal B-3 on the UNITY CENTER site at no cost to COUNTY. The pond shall be designed to accept the runoff from the UNITY CENTER site and from 43`d Avenue. The pond shall be designed such that no fence is required, and banks will not exceed a. 4:1 slope. 2of5 40 40 40 \\FILESERVER\PUBLIC\Public Works\BLTolfa\dalaOO\Contr&Agr\Contract-Agr\UnityCnt10-6.doc 10/6/00 7. The COUNTY shall provide all designs and drainage calculations previously developed by COUNTY's design consultant, Carter Associates, Inc., so as to assist UNITY CENTER's design and permitting activities. 8. The UNITY CENTER shall provide COUNTY with a certified copy of the drainage calculations and the stormwater permit from St. Johns River Water Management District. This will allow COUNTY future retention usage when the 43`d Avenue Project is constructed. 9. The COUNTY shall support the UNITY CENTER's request to the Indian River Farms Water Control District for a waiver of the 2" runoff requirement. 10. The UNITY CENTER shall be responsible for perpetual maintenance of the pond and associated vegetation, as required by permit, at no cost to the COUNTY, and hereby grants the COUNTY a permanent drainage easement to drain runoff from 43`d Avenue and 10' Street into the stormwater retention pond on "The Property", and through the outfall structure to the Indian River Farms Water Control District sublateral Canal B-3. 11. The UNITY CENTER shall install all vegetative buffers as required by the Land Development Regulations (LDR) including areas along 43rd Avenue and 101 Street, after the 43`d Avenue Widening and Drainage Improvements Project (#9601) is completed. 12. The COUNTY shall install at least 3 trees along the UNITY CENTER frontage on 43`d Avenue, as a part of the road project's uniform landscape plan, at no cost to UNITY CENTER. The UNITY CENTER may utilize these trees in satisfying their landscape buffer requirements. These trees are valued at approximately $858.60. 13. The UNITY CENTER shall convey 15 feet of right-of-way along 10'h Street to the COUNTY, as well as 10 -foot Temporary Construction Easements along 10'h Street and 43' Avenue, and in the pond area, to facilitate construction of the Project. 14. The COUNTY shall pave 10' Street from 42nd Avenue to 43`d Avenue as part of the 43' Avenue Improvements Project at no cost to UNITY CENTER. This will provide a paved connection from UNITY CENTER's secondary driveway to 43' Avenue. This work is valued at approximately $12,187.47. 3of5 or.,..i Mir . • 40 Wz UILESERVERTUBLICTublic Works\BLTolfa\data00\Contr&Agr\Contract-Agr\UnityCntlO-6.doc 10/6/00 15. The COUNTY shall construct a new 6 -foot wide sidewalk along UNITY CENTER's 43rd Avenue frontage as a part of the 43rd Avenue Project, at no cost to UNITY CENTER. This work is valued at approximately $11,633.60. 16. Excavated material from the pond shall be used 100% by the UNITY CENTER for development of UNITY CENTER's site. 17. The COUNTY shall pay the UNITY CENTER for the following: 1. Cost of construction of COUNTY portion $37,500.00 of the stormwater pond. 2. One-time payment for COUNTY portion $20,000.00 of the perpetual maintenance of the pond. 3. Premium for perpetual right to drain $10,000.00 stormwater into UNITY CENTER's pond. Total = $67,500.00 18. The COUNTY shall make payment for the pond construction and perpetual maintenance items upon receipt of UNITY CENTER's request, after completion of the construction of the pond, and submission of the certified copy of the stormwater permit from SJRWMD. The COUNTY shall make payment for the perpetual right to drain into the pond upon receipt of UNITY CENTER's request, after completion of the 43id Avenue Project with the drainage structures directing runoff from the roadways to the pond. 19. Once the 43rd Avenue Project is completed, the COUNTY and UNITY CENTER shall meet annually on the site to discuss any unforeseen drainage or water quality maintenance problems that may develop. The COUNTY and UNITY CENTER will seek solutions to said problems in a manner equitable to both parties. 20. Upon UNITY CENTER execution of this Agreement, UNITY CENTER's heirs, legal representatives, successors and assigns will be bound by it. This Agreement / Easement shall be recorded in the public records of Indian River County. 4of5 40 �A UILESERVER\PUBLIC\Public Works\BLTolfa\data00\Contr&Agr\Contract-Agr\UnityCntlO-6.doc 10/6/00 IN WITNESS WHEREOF, the parties hereto have caused this Developer's Agreement to be executed by their duly authorized officials on the day and year first written above. UNITY CENTER OF VERO BEACH, Inc. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: r By: 7`7Q�-� Mary Rile , President Fran B. Adams, Chairman Witness: Attest: e K. Baiton,, erk of Cote Witness: (Corporate Seal is acceptable in Place of witness) State of Florida County of Indian River . The foregoing was acknowledged before me this 6 day of 1 '2000, by Mary Riley as President of Unity Center of Vero Beach, Inc., a Florida corporation, on behalf of the corporation. •�� t L CEPE80 q m 3 '1k Y c n r N. 8 I P --g Ww. I I Otlw 1 D. 0 ry Indian River County Approved Date Administration Budget toc�pI L4-1> C Risk Management Public Worm Capital Projects U /P 5 of 5 J =<2J 0 0 El 0 R ,03 u 11, Late, OOC•: { 00130 P 1r +J UNITY PROPERTY s 00 001 0+100 0000,., 1 Op 6:6 00003.0 SY 711E NORTH 10 ACM OF THE W ST 1/AC)tES OF TRACT IJ, SEC770H I$, 7OW7aHIP J)SOUTH, )MWE 392437 ACCORD/AG TO7HE'LAST op - GE.vmu PLI r OF LAAD.S OF THE i%vuv RIVER FARMS AOMPANY FILED IN THE OFFICE OF 711E C ERE OF THE C7RWrr COURT OF ST• �] LVaE COVA77, FLORIDA, aPLAT B00[ S, PAGE IJ, &41D LA%7) N01V ° o LYING AND BEING INIADMN RIVER COV -STY FLORIDA. LESS AND EYCEPT THE EAST M N FEET OF THE NORTH Ila 00 FEET V 'PEE' -- 6e w3 a d +O A ae A ,e7 1 n t� o 10 x R 0 LESS AND EXCEPT ANY RIGHTS OF WAY FOR PVNJC RpADS 0 ] PREPARED _I ) 0 BY 160 06 it 160 MOODY& BR1AVrL4.NV SL'RtF)7.NG, INC QJ 1 0)J9c — ` _ 7 a0 �P u 60 SLr a y y s } 1 70 06 Dt C7 / .. T d _ 0 Y R y ++.0 f Y a 1 0 ,± II y Y GO { 1 I . rf�,� DE_ScR1P?'ro1�v 97 <pa w 711E NORTH 10 ACM OF THE W ST 1/AC)tES OF TRACT IJ, SEC770H I$, 7OW7aHIP J)SOUTH, )MWE 392437 ACCORD/AG TO7HE'LAST op - GE.vmu PLI r OF LAAD.S OF THE i%vuv RIVER FARMS AOMPANY FILED IN THE OFFICE OF 711E C ERE OF THE C7RWrr COURT OF ST• �] LVaE COVA77, FLORIDA, aPLAT B00[ S, PAGE IJ, &41D LA%7) N01V ° o LYING AND BEING INIADMN RIVER COV -STY FLORIDA. LESS AND EYCEPT THE EAST M N FEET OF THE NORTH Ila 00 FEET V THEREOFA,vD THE A'FST 11200 FEET OF THE EAST !11.00 FEET OF -- THE NORTH 15A M FEET THEREOF. a -' 1 ip02 SOBIECT TO WEMENTS, RES7RIMO%S AND RESERYWTOA5 OF. ) o r. _ REC'OM T2 ma E' LESS AND EXCEPT ANY RIGHTS OF WAY FOR PVNJC RpADS ;.2 PREPARED _I ) 0 BY MOODY& BR1AVrL4.NV SL'RtF)7.NG, INC r SW 1/4 Section 10 33s -39e mcp I' 27.20 compiled 02/09/99 by the Indian River County Property Appraiser's Office EXHIBIT „All page 3-142 _