HomeMy WebLinkAbout2009-092 rz
X00 d 9'cz
DEVELOPER' S AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
RACETRAC PETROLEUM, INC .
THIS AGREEMENT, entered this 7th day of April , 2009 , by and
between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of
Florida, 1801 27th Street, Vero Beach, FL 32960 , hereafter referred to as COUNTY , and
RACETRAC PETROLEUM, INC . , a Georgia corporation, 3225 Cumberland Boulevard,
Atlanta, Georgia 30339 , hereafter referred to as DEVELOPER.
WITNESSETH
WHEREAS , the Developer has applied to develop a gas station/convenience store,
hereafter referred to as the PROJECT , to be built within the city limits of Fellsmere, on the
southeast corner of the intersection of County Road 512 and 108th Avenue ; and
WHEREAS , the COUNTY is currently constructing roadway and infrastructure
improvements on CR 512 near the PROJECT ; and
WHEREAS , as a result of DEVELOPER ' S PROJECT , some of the COUNTY
improvements must be modified ; and
WHEREAS , both the COUNTY and DEVELOPER can mutually benefit each other
through a joint effort in coordinating the installation and maintenance of such work .
NOW , THEREFORE , in consideration of the mutual terms , conditions , promises ,
covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows :
1 . The foregoing recitals are affirmed as being true and correct and are thereby
incorporated herein.
2 . Pursuant to the terms of this Agreement, the COUNTY shall perform the work
specified on the attached Exhibit "A" in the shaded area (the "WORK") ,
designated in the legend as " hnprovements by Indian River County. "
Specifically, the improvements are as follows :
a. Design and construction of turn lane and median improvements .
b . Design and construction of swale improvements and associated drainage
pipes and structures .
1
C , Right turn lane and drive apron design and construction .
d . Design and construction for water main extension from existing main to
DEVELOPER connection point .
The work described in this paragraph shall be completed by March 1 , 2010 .
3 . Pursuant to the terms of this Agreement, the DEVELOPER shall :
a . Pay a lump sum fee of $ 6 , 650 . 00 to the COUNTY for the cost of the
design of the WORK . This payment shall be made within thirty ( 30) days
of the effective date of this Agreement .
b . Pay to the COUNTY a lump sum of $ 50 , 000 . 00 , representing
DEVELOPER ' S share of the cost for a new traffic signal to be installed by
the COUNTY at the intersection of CR 512 and 108 `h (Traffic Signal )
Avenue prior to September 30 , 2010 . This payment shall be made within
thirty ( 30) days of the effective date of this Agreement . In the event the
Traffic Signal is not installed and functioning by September 30 , 2010 ,
COUNTY shall return the sum of $ 50 , 000 . 00 to DEVELOPER .
c . Donate to the COUNTY without compensation , the " corner clip" shown
on attached Exhibit "A" at the northwest corner of DEVELOPER ' S site .
This donation shall be made within thirty ( 30) days of the effective date of
this Agreement .
d . Pay to the COUNTY the cost of the WORK, according to the cost estimate
shown on Exhibit "B " hereto , in the amount of $ 31 , 659 . 38 . This
payment shall be made within thirty ( 30 ) days after DEVELOPER
receives an invoice from the COUNTY demonstrating that the WORK
has been performed , and may be made in increments if billed in
I
ncrements by the COUNTY .
4 . The COUNTY shall be responsible for the WORK . The COUNTY shall
complete the WORK by March 1 , 2010 , (not including installation of the Traffic
Signal) and County agrees that if it fails to complete the Work by March 1 , 2010 ,
I
t will not withhold a certificate of occupancy or any other County approval to
2
which the Developer would be entitled if the County had completed the Work on
time .
5 . All decisions regarding design, engineering, activation, timing, operation and
maintenance of the WORK shall be made by the COUNTY .
6 . In the event of any litigation arising out of this Agreement, each party shall bear
its own attorney fees and costs .
7 . 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 .
8 . This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their successors and assigns .
9 . This Agreement contains the entire agreement and understanding between the
parties . No representation, statement, recital, undertaking, or promise not
specifically set forth herein shall be binding on any party hereto .
10 . 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 .
11 . This Agreement shall be deemed prepared jointly by each of the parties hereto
and shall be construed on parity as between the parties . There shall be no canon
of construction for or against any party by reason of the physical preparation of
this Agreement .
12 . 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 with one another in order to carry out the terms and conditions
hereof and comply with the express intention of this Agreement.
13 . Failure to insist upon strict compliance with any of the terms , covenants , or
conditions herein shall not be deemed a waiver of such terms , covenants , or
conditions , nor shall any waiver or relinquishment of any right or power
hereunder at any one time or times be deemed a waiver or relinquishment of such
right or power at any other time or times .
3
14 . All words , terms, and conditions contained herein are to be read in concert, each
with the other, and a provision contained under one paragraph may be considered
to be equally applicable under another in the interpretation of this Agreement .
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 .
16 . Time is of the essence as to all matters contained in this Agreement .
IN WITNESS WHEREOF the COUNTY and DEVELOPER have caused these presents
to be executed in their names , the day and year first above written .
RACE RAC PETROLEUM, INC . BOARD OF COUTdTY 'C IvLMISSIOINERS
INDIAN IVE O i `i' L IDA
B
By :
By :
Joseph E . Flescher , `Jik� e Chairman
WITNESS :,Z BCC Approved : Wril 7 2009
WITNESS : L Approved :
(Corporate seal is aecepta le in place of wit ess )
By:
oseph aird, County Administrator
,� J Vic .
Attes
�Oi' Jeffrey B� Srk of Court
f— n
Deputy County Attorney CLERK CIRCUIT COURT
(Approved as to form and legal sufficiency)
4
a.�3•crnoNcnWonlYrs .ucR."crluw[.cl�.�Yrmn.ws. .w.�w .wre-a tRnm. rl:Y:rr x,41..14 ���
Fill
ee 1 '• all c Y k+
Ai n I 1I I
. : ' 1In I .'
jl .� IN i� 1 z .a I II - ,
n 'an' an '1 ' H �f IY . � I r JFill k Il IN
r
pow {�! il 1114 ,; 41 1x1 1 � ar fl I� IN
.
iliiat IF)n N 1 ['r-aA} It Tib'* 41 yin,�.��g fin1 r
fCt Iv, o = ^ 1Z.sn 1FIr X17 T i` 4i'PZftgIN
l7`' �1
4E�� T7 p . It
m 108th AVENUE � zx L e1 rrf a � '
myarF ' il' "C fl li in ll'
iee I Y oil
pp�I! i o m i a sqIF
4 ZY, zmn L � r1 nor rl <a. f
< z l 1 IN
IIN
� AgnllI It
111 y. .n •n IF7 RR4'._ M INNIt
r" dr.
z �IMst i ' I r 11 Y[ Y3
>> l1°�
(..� ;s N
rINFIN
tIF
( } B,n� } la cIrfi
Not ' � FS, rl I ' IIS
N00 }Z'37"E , 'i. .:i...s!'1 t: •i''^:'.4. -'• I�rlfr,._ s .lt� lNe
t JI G - 177 l - � t
. . . . . . I ?4 4��IF
`�•'tIT 1 '^ L'fi fl l .� rl
1 14,�1171 ht
J'" � �.f} k �J� m '�I .
Is FANtele rweeptrIN
II " Idyl ljmmZ d t „ Ih0111. � 1
II -- 1. M L .
L IN Ire'i 4L1 . '4221 Y +1' 1 r 1 N :{
r 1.1z.o 1nNY { n � ,, m 1 ..
•0
1 . � h Jr1r c s t - RLI
1 . L � Fit
IN INn 1� allt �r� t1111rD 'i
Hr r i • j•. ! 'p
1 ` nLIN
I ��N na4t I I rlIti ;�
Is INI
1�n M1 Ij1
rIF
m rI ,
a . I � g lu 'Y 7 t
1 .. m A ml i t �rtf I IN 11`�itll
n l ""\l�` 1 � t '�.
NII14 IF ad
IN IN 3
- AA I rd
( f v
q ik` I `
� >1 M s 1 II
EI vII'I ❑ y ' O - I 9D / 1not IF I
•( 1 ItIV 0
IF
4 FINN it
In
SII ❑ Jml I I gn � V1IF
1 '� h 1 :1 441ST Irtk
e
c ' § se Lg.t LA 19t1.
cl ' ❑ SIf 4
IG 1�((�� zi 11 151nftiMF� R� � . illr ry l ;� j '. �•.
oI [ ❑ a � • T•.`- P I r If1 . �' - ?Yin 1 1' .
II b IN
4+-.;4 At " _ n I 1 lllj' �� 4 r �J •11J. a9 t
I INII\\ t ry 1 g i
. � e4IF It 7
Le I
IrINIFF-MMININ I1 Cy"P r�1 �11 y 751 � ' InIs IF
IN IF
IF 1 a IN
1'
IN
1aapst4 51 ��jS } ;,
rlp�'„slrr �rlraj � '
O O ft It leM1 L r+ f 1y 1p,Ypu ...1 �f1 /I
appIt It PL! 14s�li1 1 .�'{ "JJlrt((l'SYt�Y :fY '[ It
o ; z Fit
, fit IN;
fn ° _r— .• o �
IN
111� 15iu1+ r7t rf � � i . ' I .
t Hrs7 t "S I Y
IN PL ' 1tY� �rIF
lot j r
"soo•3Y3Tw 326.66' `11 .� -i 7} v 1 ,I
a Z.
1 ' 1 a IjL .
1 ' Z rn p � zpm= i .
voX = FI
� MA
= = gnFLN -IA yan7 , _C� F
i nIII
z r5 3�. �, Y,
gn i, .m �
� o I . .
p - MZ" �a >+
0 E z p R= t
x y
n ofan "
y
mmp :r`_i: i ..
m ` x
y
it it III w 1 CD
s : IN pc5m
d
In
°' novor NO
1 a
a
" ' �
R F v MEN
RACETRAC EPEEHH
y SERVICE STATION ENGINEERS . INc .
f r� F `? y FELLBMERE. FL °O Rr� .uv ., tm• uR.m FINNI �w unr i 41#012711 B� `"
@ ^ 6 EXHIBIT "Ale
8 BJ r•LOMIDw B.IE BI RBN9P1s a
oMHOB CN1TY
EXHIBIT " A"
I
Stale of Florida Departrnent of TranspoMatlon Form 700-050 . 10
COMPUTATION BOOK PAY ITEM SUMMARY SHEET
CONSTRUCTION COST ESTIMATE
Indian River County Project # 0722
COUNTY ROUTE 512 RACETRAC DRIVEWAY IMPROVEMENTS Total Cost ( Estimate ) : 531 , 659 . 38
107th Court to 108th Avenue
Indian River County , Florida
Q�uantit Unit Price Amoun
Item No . Pay Item Descri tion
1 LS 2 000 . 00 21000400
102. 1 Maintenance of Traffic 130 CY 7 . 00 910 . 00
120-6 Embankment fill 500 SY 5 . 80 219001, 00
160-4- 12 T e B Stablization 12" Min 405 SY 19 . 50 71897650
285-7 -09 Optional Base Grou 9 405 5Y 4 . 55 1 842 . 75
334- 1 Sue ave Asphaltic Concrete Typo SP 9 . 5 1 " Thlck 405 SY 6 . 20 21511 , 00
334-2 Su er ave As haltic Concrete TY2e SP12 . 5 1 1 /2" Thick 80 LF 59 . 00 4
720 . 00
430- 141 - 103 Elli tical Concrete Pipe Culvert Storm Sewer HE III 19"x30" 2 Each 2 000 . 00 4
000 . 00
430- 984 403MES Side Drain 19"x30" Concrete PieMIN 1 LS 21000600 2 000 .00
CEI Testing , Surve iri
Subtotal : 28 781 . 25 Fq
Contin envies 10 % : 2 , 878 . 13
531 ,659 .38
N
P!l
TOTAL CONSTRUCTION COST ESTIMATE
H
W