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File #: 1575   
Type: Public Hearing Status: Adopted
File created: 4/28/2020 In control: Planning and Development
On agenda: 5/19/2020 Final action: 5/19/2020
Title: Developer's Agreement: Tract G, Indian River Preserve Developer: Indian River Preserve Estates Corp. District 1
Attachments: 1. Development Agreement
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 second public hearing approving the Developer's Agreement with Indian River Preserve Estates Corp.; and authorize the Chair to sign the Termination of Indemnification Agreement as well as any other documents required by the Developer's Agreement.
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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.

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