Subject:
Title
Developer’s Agreement: Tract G, Indian River Preserve
Developer: Indian River Preserve Estates Corp. District 1
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
In accordance with Section 163.3220, et. seg., Florida Statutes and Section 62-605 of Brevard County Code, it is requested that the Board of County Commissioners conduct the first public hearing to consider entering into a Developer’s Agreement with Indian River Preserve Estates Corp. relating to the development of Tract G, Indian River Preserve.
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Summary Explanation and Background:
The intent of the Developer’s Agreement between the County and Indian River Preserve Estates Corp. is to replace current unpaved access to the County’s waste water treatment plant with a continuous paved access from State Road 46. This will require the realignment of the current access through Tract G. The County is the legal owner of a portion of Tract G, and has been granted an easement over the private right-of-way for ingress and egress across Indian River Preserve Estates Corp. property.
The County agrees to:
• Deed their portion of Tract G to the Developer, its successor’s or homeowner’s associations.
• Terminate the Indemnification Agreement over a portion of Tract G.
The Developer agrees to:
• Cause, at their sole expense, the unpaved remainder of Tract G west of Indian River Drive, to be constructed as a paved private roadway to also provide access to the County’s waste water treatment plant.
• Grant the County two perpetual easements for ingress and egress, and operation, installation and maintenance of County owned utilities and emergency vehicles
• Cause any homeowner’s association articles or by-laws presently in effect to be amended to include the responsibility of maintenance for the paved access in perpetuity.
Reference: 17SD00018, 19SD00005
Contact: Tad Calkins, Director Ext. 58299