4/22/2016 1:27:15 PM
9/30/2015 10:31:29 PM
Official Document Type
Agenda Item Number
Public Works Director Signature
Vatland Imports Inc.
Transfer of Responsibility Required Improvements Sidewalk
700 U.S. Highway 1
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(site plan/Thoroughfare Plan Roadways) F <br /> (sidewalk) <br /> AGREEMENT FOR THE TRANSFER OF RESPONSIBILITY <br /> FOR REQUIRED IMPROVEMENTS <br /> THIS AGREEMENT, made and entered into this 22— day of ,TAnuri ry , <br /> 2007 by and between Vatland Imports , Inc . , a Florida corporation , hereinafter <br /> referred to as " Developer ' , and INDIAN RIVER COUNTY, a political subdivision of the <br /> State of Florida , hereinafter referred to as "County" . <br /> WITNESSETH : <br /> 1 . Developer received site plan approval on February 7 , 2005 for the project <br /> identified as : <br /> Project Title : Vatland Honda <br /> Project Number: SP-MI-05- 12-64 <br /> Project CD+ Number: 2005090435-50592 <br /> Project Site Address : 700 U . S . Highway 1 , Vero Beach , FL 32971 <br /> 2 . As a condition of site plan approval , Developer is required to construct <br /> sidewalks along the project's U . S. 1 and 6`h Avenue frontages . <br /> 3 . In accordance with Section 914. 15 (6)( b) 1 . b . ii of the Land Development <br /> Regulations , Developer wishes to effectively satisfy and be released from its obligation <br /> to construct the required sidewalk segments by providing a cash payment of funds equal <br /> to one hundred percent ( 100% ) of the estimated cost to construct the required sidewalk <br /> segments . <br /> 4 . It is agreed between the parties that in consideration of the sum payment <br /> of $20 , 910 . 00 , Developer transfers its responsibility to County, and County releases <br /> Developer from all obligations to construct sidewalks along the project's U . S . 1 and 6`h <br /> Avenue frontages , and County assumes the obligation of providing the referenced <br /> sidewalk improvements at some future date . <br /> 5 . Developer shall be responsible for clearing and grading the intended <br /> location of the required sidewalk improvements at the time clearing and grading for the <br /> development project is performed . The value of such clearing and grading is reflected <br /> in the cash payment amount provided by the Developer. The cleared path shall be <br /> approved by the Public Works Department and shall be selected so as to maximize tree <br /> preservation while maintaining compliance with the sidewalk design specifications listed <br /> in Section 914 . 15 (6) (a) of the Land Development Regulations . <br /> 6 . Developer may apply in writing to the Public Works Director for a refund <br /> of monies paid should County not begin the construction of said required sidewalk <br /> improvements by 01 - 22 - 201 1 (six years from the date of cash payment) . If <br /> the Developer elects to request such a refund , the County shall repay those monies <br /> allocated toward the improvement , and Developer's obligations under paragraph 2 <br /> hereto shall be deemed satisfied . Any requests for refunds not made by <br /> 1 <br /> F:\Attorney\Nancy\DOCS\PLAN\sidetran vatland honda .doc <br />
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