The URL can be used to link to this page

Home My WebLink About2006-398 � Li 1I At 1 PROPORTIONATE SHARE AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND RALOK, LLC THIS AGREEMENT, entered this 14th day of November 2006 by INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida, 32960 hereafter called COUNTY and RALOK, LLC 1001 Bay Road, #201C, Vero Beach, FL 32963 , hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has submitted a site plan application for development of a 1 . 5t acre parcel of land at 490 Old Dixie Highway, Vero Beach, (Indian River County Project Number 2005110131 ), which is legally described on Exhibit "A" attached and incorporated herein by reference, and; WHEREAS, RALOK, LLC is a Florida Limited Liability Corporation, authorized to conduct business in the State of Florida and is currently the owner of this property; and WHEREAS, Daniel F . Ligouri, as Manager, has the authority to act on behalf of RALOK, LLC and enter into this agreement binding the parties; and WHEREAS, as part of the development process, DEVELOPER has submitted a traffic study signed and sealed by a Florida licensed professional traffic engineer. Pursuant to Indian River Code § 952, the traffic study identifies the roads impacted by DEVELOPER' S proposed project; and WHEREAS, the traffic study shows DEVELOPER' S proposed project will impact the roadwav link on 27th Avenue between 4th Street and Oslo Road (1 . 5 miles) which is over the capacity as established by the County' s Comprehensive Plan ; and WHEREAS, the County is currently planning to make improvements to 27th Avenue which will increase the capacity of the road ; and WHEREAS, the improvements to 27th Avenue between 4th Street and Oslo Road appear on the County' s Five Year Capital Improvement Element of the County' s Comprehensive Plan; and WHEREAS, the COUNTY has estimated the costs of the improvements and finds that the F:\Attomey\Bill\Agreements\Proportionate Share\RALOC Liquori Proporlionate share agreement.doc improvements are financially feasible . Furthermore, the COUNTY projects that future developments will contribute to the costs of the improvements. WHEREAS, the County finds that all conditions contained in FS 163 . 3180( 16) and Indian River County Code Chapter 910 have been met in order for DEVELOPER and County to enter into this proportionate fair share agreement. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows : 1 . The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2 . The roadway improvements contemplated by this agreement are in the best interests of the citizens of Indian River County. The improvements will provide a benefit to the health, safety and welfare of the residents of the County by providing safe roads for the traveling public . 3 . In accordance with Exhibit B attached and incorporated by reference herein, the DEVELOPER shall pay to the County the sum of $32,670 . 58 as the DEVELOPER' S proportionate share of improvements to 27th Avenue between 4th Street and Oslo Road. This amount is inclusive of DEVELOPER' S Traffic Impact Fee credit. 4 . DEVELOPER shall pay to the County, the proportionate share amount in paragraph 3 above prior to approval of this agreement. Upon receipt of the funds, the funds shall be placed in the appropriate project account for the funding of the County scheduled improvements in the County Capital Improvement element. The County may use said funds as the 50% local match for funding under the FDOT Transportation Regional Incentive Program. 5 . In accordance with Exhibit B attached and incorporated by reference herein, the DEVELOPER shall pay to the County the DEVELOPER' S impact fees assessed pursuant to Title X, Code of Indian River County. DEVELOPER shall pay to the County, the water and sewer capacity charges and impact fee amount prior to the approval of this agreement. 6. Upon receipt of the payments specified in paragraphs 3 and 5 , the County shall schedule this agreement for consideration by the Board of County Commissioners . If this Proportionate Fair Share Agreement is not approved by the Board the County shall return the payments specified in paragraphs 3 and 5 to DEVELOPER within ten business days . Upon approval of this agreement, the County shall issue DEVELOPER a certificate of initial concurrency approval (form CCI5) for the F:\Attomey�BillWgreemenB\Proportionate Share\RALOC Liquori Propol2onate share agreement.doc project. The certificate shall expire five years from the date of issuance. Should DEVELOPER fail to obtain building permits within the timeframe covered by the certificate, then the project vesting shall expire and no refunds shall be given. All payments made, however, shall run with the land. 7 . Upon payment of the amounts specified in paragraphs 3 and 5 , and the County' s approval of this agreement, DEVELOPER' S proposed project shall be deemed vested for concurrency purposes as defined in FS 163 and Indian River County Code Chapter 910 . 8 . In the event the road improvement contemplated in this agreement is removed from the Capital Improvement Element, then the fair share revenues paid to the County may be applied toward the construction of alternative improvements within that same corridor or sector where the alternative improvement mitigates the impact of the development project on the congested roadways for which the original proportionate share contribution was made. 9 . DEVELOPER hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from intentional, reckless or negligent acts, errors or omissions of the DEVELOPER or DEVELOPERS' REPRESENTATIVES in the performance of Professional Services under this agreement and for which DEVELOPER is legally liable . 10 . In the event of any litigation arising out of this Agreement, the each party shall be responsible for their own attorney' s fees and costs . 11 . No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . This Agreement contains the entire agreement and understanding between the parties. 12 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns and may be recorded in the public records of Indian River County. 13 . This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 14 . COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully Mth one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. F9Attomey�BillWgreements\Proportionate Share%RALOC Liquori Propolonate share agreement.doc 15 . In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. BOARD OF COUNTY COMMISSIONERS RAL L C INDIAN RIVER COUNTY, FLORIDA BY: Its : l tea Fc B Arthur R. I WITNESStaerptable B Jos All- (Corporate B ird, County Administrator WITNESSA l - A�o �--e S�e (Corporate seain place of witnesses) AtteS S"0. 1 Jeffrey K. Barton Clerk of Court Approved as to form and legal sufficiency County Attorney Indian River County Arwroved Date Administration r I Bud et Co. Arty. Risk Management Public Worka F:WttomeytBillWgreemenBTroportionate Share\RALOC Liquori Propo4onate share agreementdoc EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION COMMENCING FROM THE NORTHWEST CORNER OF THE SOUTHWEST 1 /4 OF THE NOR-HE AST OCAR-E ? OF SECTION 13 , TOWNSH;P 33 SOUTH , RANGE 39 EAST, INDIAN RIVER COJNTY, FLORIDA, ; THENCE ALONG THP QUARTER SECTION LINE SOOT- 00'45'03" WEST A DISTANCE OF 444.34 FEET TO THE NTERSECTION WITH THE EAST RIGHT OF WAY OF OLD DIXIE HIGHWAY; THENCE ALONG SAID RIGHT OF WAY SOUTH 22'28'49" EAST AOR 100. 91 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89'3604" EAST FOR 429 . 25 FEET; THEICE SOUTH 00'07'35 " WEST FOR 15554 FEET; THENCE NORTH 89 '36'04" WEST TO ' HE SAID EAST RIGHT OF WAY FOR 350.18 FEET, THENCE ALONG SAID RIGFT OF WAY NORTH 22'28' 49" 'NEST FOR 179. 67 FEET PO HE PLACE AND POINT OF BEGINNFAG. SON -AIN N ' Ac. MQzE OR LESS. EXHIBIT `B" PROPORTIONATE FAIR SHARE CALCULATION Ligouri 490 Old Dixie IRC Project# : 2005110131 Date prepared : July 261 , 2006 Date Revised : August 9'". 2006 Development Development = 21 ,000 square foot contractors trade Location — Old Dixie Highway, north of 4th street Deficient road segment = southbound 27th Ave . between 4th St. and Oslo Rd. ( 1 . 5 miles) Road Project Road Project = widen 27th Ave. from 2 to 4 lanes Road project cost — 3 lane miles x $3 ,500,000 per lane-mile = $ 10, 500, 000 Future (5 year) road project cost of $ 10,500,000 @ 7.75 % per year = $ 15 ,250,205 Proportionate Fair Share Road capacity increase from 810 to 1 ,710 = +900 southbound vehicles per hour Development traffic on road segment = 2 southbound vehicles per P . M. peak hour Proportionate Fair Share % = 2/900= 0 .0022 or . 22% Proportionate Fair Share : 0.0022 x $ 15 ,250 ,205 = $339550.45 Impact Fee Credit Development vehicles-miles of travel (vmt) on road segment = 2 x 1 . 5 = 3 vmt Development net new P .M . peak hour trips = 87 Development overall vmt = 87 trips x 6 miles (average trip length) x 0. 5 (production/attraction adjustment) = 261 vmt Impact Fee Credit % = 3 / 261 = 1 . 149% = 0.01149 21 ,000 square feet (sf) Contractor Trades = (3 ,920 sf Office) + ( 17,080 sf General Industrial) Office : (3 ,920sf) x ($ 7,348/ 1 ,000sf) = $28 , 804. 16 General Industrial : ( 17,080sf) x ($2,797/ 1 ,000sf) = $47,772 . 76 Transportation Impact Fee : (Office + Gen. Ind. ) $28,804 . 16 + $47,772 .76 = $76,576 . 92 Transportation Impact Fee Credit : $76,576 . 92 x 0. 01149 — $ 879 . 87 Net Proportionate Fair Share Payment Amount — Proportionate Fair Share Amount — Transportation Impact Fee Credit Amount $32,670.58 = ($33,550 .45) — ($879 . 87)