HomeMy WebLinkAbout2008-019aooL? d/9
DEVELOPER'S AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
SANDLER AT PMCREST, L.L.C.
FOR HE, RESERVE
THIS AGRBBMBNT is made and entered 'pito this 15thday of January 12006;
by and between Indian River County, Florida, a political subdivision of the State of Florida, 1840
25"' Street, Vero Beach, Florida 32960 ("County"), and Sandler at Pinecrest, L.L.C., a Virginia
]united liability company, 448 Viking Drive, Suite 220, Virginia Beach, VA 23452
("Developer").
WITNESSETH
WHERBAS, the Developer proposes to develop a residential community, located on the
north side of 26"' Street, west of 43rd Avenue, and east of 58"' Avenue, in Vero Beach, Florida, to
be known as Heritage Reserve ("Project"); and
WHEREAS, as proposed, Heritage Reserve will include up to 780 residential units, with
associated recreational and other amenities, on approximately 333 acres of land. A legal
description of the property is attached as Exhibit "D'; and
WHBREAS, even though Heritage Reserve is located within the jurisdictional limits of the
City of Vero Beach, the County and the Developer share muhral goals and can assist each other
with respect to right-of-way acquisition, roadway and drainage improvements,. intersection
improvements, and other improvements described herein;
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants, and premises stated herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the County and the Developer agree as follows:
X. Recital : The foregoing recitals are incorporated as if fully restated herein,
B. Site Related huprovements: Prior to the issuance of the first certificate of
occupancy for any unit in the Project, Developer shall plan,,survey, design, permit, and construct
the following site related improvements:
2. Eastbound left -tun lane and westbound right -turn lane at Western Project
Access on 261' Street.
1. Eastbound left -tum lane
and westbound right -turn
lane at Eastern Project
Access on 20
Street.
2. Eastbound left -tun lane and westbound right -turn lane at Western Project
Access on 261' Street.
3. Northbound left -turn lane on 43`d
Avenue at Project Entrance
(Airport
Road).
4. Flasher convertible traffic signal at 33`d Street and 58`h Avenue.
5. Flasher convertible traffic signal at 43`d Avenue and Project Entrance.
Items #1, #2, #3 and #5 shall be the total responsibility of the Developer without impact fee
credit from the County. The cost of item 4 shall be shared between the Developer (25%) and the
County (75%). The Developer share shall not be eligible for impact fee credit. If the
improvements to 26`h Street (as described in this agreement) are under construction or scheduled
to begin construction within ninety (90) days, Developer may escrow the funds necessary to
construct items #1 and #2 and complete said improvements as outlined in the 26`h Street
construction schedule.
C. Off -Site Intersection Improvements:
1. Developer agrees to plan, survey, design, permit, and construct the
intersection improvements specified on Exhibit "A", attached to this Agreement and
incorporated by reference herein, to Florida DOT Green Book and Indian River County
standards ("Intersection Improvements") on or before the date specified on Exhibit "A".
(a) These improvements shall be completed and accepted by the
County on or before the date specified or event specified on Exhibit "A" hereto, provided that
the County shall review and approve submitted plans in a timely manner. The County agrees to
review and approve or respond with specific requests for additional information within thirty
(30) days of submission. Failure to reply in the stated time frame shall extend the completion
deadline at the rate of one certificate of occupancy for each week that the County fails to respond
to or approve submitted plans.
(b) The County shall negotiate with its Consultant for thirty percent
(30%) design, engineering and right-of-way maps for 26`h Street from 43`d Avenue to 58`h
Avenue. The design of the roadway shall improve the existing road from its current two lanes to
four lanes and the tum lanes at each entrance to the Development from 26'h Street as required by
the approved traffic impact analysis. The design shall also include sidewalks along 26`h Street
and 43`d Avenue as designated by the County. Upon completion and approval of the thirty
percent (30%) design, Developer will be responsible for complete design and engineering, and
for construction of the improvements to 26`h Street between 43'd Avenue and 581h Avenue. The
Developer shall submit fully engineered plans to the County for review and approval. If the
parties cannot reasonably agree on the plan and design of 26`h Street, then Developer can opt out
of this requirement of the agreement by paying the Development's required impact fees. Upon
approval, the Developer shall be responsible for the following:
(i) Solicit public bids for the construction project.
(ii) Obtain all permits and approvals needed for the Project.
2
(iii) Construct all aspects of the Road Project and supervise
construction of the Road Project, including all entrances, turn lanes and driveways, signage,
signals, striping and maintenance of traffic.
(iv) Undertake any required habitat and tree/landscaping
mitigation and restoration necessary to the Project and monitor the mitigation and/or restoration.
(v) Divert all stormwater from the Project onto Developer's
property. Developer must accept all stormwater from the four-laning of 26`h Street (58`h Avenue
to 43rd Avenue).
(vi) Acquire right-of-way as needed for the Road Project in
addition to the County's existing right-of-way, in the same manner as specified in this
Agreement.
(vii) Dedication (without compensation) of development property
to the County to provide comer clips at development entrances.
2. Upon completion of the Road Projects in this Agreement, the Developer
will convey the Road Projects, together with the needed right-of-way, to the County, subject to
the County's inspection and approval. Developer shall warranty the Project for a period of one
year following the conveyance to the County. Following the one-year warranty period, the
County will then be responsible for maintenance of the Road Projects.
3. County, with the assistance of Consultant, agrees to identify any right-of-
way required for these Improvements and prepare legal descriptions and parcel sketches. The
County Public Works Director, or his designee, shall determine the size and number of parcels to
be purchased. Developer agrees to prepare appraisals and to make a good faith effort to
negotiate purchase prices for the required right-of-way. The County shall approve all purchase
prices. Developer shall invoice the County for the reasonable costs of appraisals, closing costs,
including purchase price, and the County shall reimburse the Developer for all such reasonable
costs. If the Developer is unable to acquire the needed right-of-way, the County shall initiate the
eminent domain process within ninety (90) days of notice by the Developer that the right-of-way
could not be acquired through negotiation. If the County fails to initiate the eminent domain
process in the time described herein, Developer shall be excused from performance of any
obligation dependant upon the acquisition of the Property which might have been acquired by
eminent domain, and Developer shall be permitted to proceed with its Project through
completion, including all certificates of occupancy as if the excused obligations had not been
part of this Agreement. The County, through its Public Works Director or his designee, shall
have thirty (30) days to review and approve reimbursable costs. Failure to reply to Developer
within thirty (30) days shall constitute approval. All costs incurred by the Developer to plan,
survey, design, permit and construct 26`h Street from 43`d Avenue to 58`h Avenue Improvements
described herein, except those reimbursed by the County, shall be credited to the Developer
against Developer's traffic impact fee.
ki
4. The Developer shall contribute to the County the sums of money ("Contribution
Amount") toward the Intersection Improvements specified in Exhibit "B". For the purposes of
calculating Developer's Contribution Amount, the parties shall use the Developer's Traffic Impact
Analysis dated December 2005 and the law in effect at that time.
5. The Developer's obligation with respect to the Intersection Improvements and
Contribution Amounts specified in this Agreement shall be deemed satisfied so long as Developer is in
compliance with this Agreement. Developer shall have no further obligations, not shall Developer be
required to make any additional contributions, with respect to Roadway Improvements in Indian River
County other than as stated in this Agreement, except that Developer shall be required to comply with the
"State Road 60 Interest Share Fee Ordinance", by paying any fees required thereunder; and except that if
Developer elects not to construct 26h Street as described in Section C.I.(b) above, then the Developer
may be subject to the County's Proportionate Share Fee Ordinance.
D. Stormwater Management: The Developer agrees to incorporate, at no cost to the
County, sufficient capacity in Heritage Reserve to provide stormwater treatment and storage
from that section of 26`h Street expanded to four lanes between 58`h Avenue and 43`d Avenue.
The Developer shall have the responsibility to design, permit, and install any drainage
improvements required to direct the stormwater from the impervious area constructed by the
Developer to the approved stormwater management system.
E. County Purchase of Right -of -Way from Developer: The County agrees to
purchase the right-of-way on 26`h Street, 43`d Avenue and on 58`h Avenue described and shown
on Composite Exhibit "C" attached hereto and made a part hereof for a purchase price of Fifty
Thousand and No/100 Dollars ($50,000.00) per acre or fractional part thereof. The property to
be purchased as right-of-way consists of 3.33 acres or 145,107.7 square feet with a purchase
price of One Hundred Sixty-six Thousand Five Hundred and No/100 Dollars ($166,500.00). The
Developer shall convey title by Special Warranty Deed and shall provide title insurance at its
own cost, and shall pay for documentary stamps. County shall pay all other costs. Closing shall
occur on or before December 30, 2008, failure of which shall terminate the obligation of the
Developer to convey said right-of-way to the County under the terms and conditions stated
herein.
F. Impact Fees for 26`h Street Improvements: Developer shall receive traffic impact
fee credits for the costs approved by the County for the design and construction — including
rigbt-of-way acquisition — of the 26`h Street Improvements described in paragraph C. Should the
total cost of construction of 26`h Street Improvements exceed the amount of traffic impact fees to
be paid by Developer, the Developer will be paid as follows in paragraph G.
G. Invoices: Any invoices submitted by Developer to the County for the County's
payment shall be reimbursed by the County according to the Prompt Payment Act. (Sections
218.70-218.80, Fla. Stat. 2004).
H. Insurance and Indemnification: During Developer's performance of any
construction in County right-of-way covered by this Agreement, Developer shall provide the
County with evidence that Developer or the Developer's Contractor has obtained and maintains
Cl
the insurance listed below. Developer or Developer's contractor shall procure and maintain, for
the duration of all construction contracts, insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the work
hereunder by the Developer, his agents, representatives, employees or subcontractors,
1. Minimum Scope of Insurance
(a) Worker's Compensation as required by the State of Florida.
Employers Liability of $100,000.00 each accident, $500,000.00 disease policy limit, and
$100,000 disease each employee.
(b) General Liability $1,000,000.00 combined single limit per accident
for bodily injury and properly damage, County shall be an additional insured. Auto Liability
$1,000,000.00 combined single limit per accident for bodily injury and property damage for
owned and non -owned vehicles. County shall be an additional insured.
(e) Professional Liability Insurance providing coverage for intentional,
reckless or negligent acts, errors, or omissions committee or alleged to have been committed by
Developer's Engineer with a limit of $500,000.00 per claim/annual aggregate.
2, There shall be no more than $5,000.00 deductible per claim amount unless
approved by the County Risk Manager. Any deductibles or self-insured retentions greaten than
$57000.00 must be approved. by the Risk Manager for Indian River County with the ultimate
responsibility for same going to the Developer.
3, Developer's insurance coverage shall be primary.
4. All above insurance policies shall be placed:with insurers with :a Best's
rating of no less than AV. The Insurer chosen shall also be licensed to do business in I]orida.
5. The insurance policies. procured shall be per•.occurrence policies or as
generally available on the open insurance market. .
6. The insurance carriers shall supply Certificates of. Insurance evidencing
such coverage to the Indian -River. County Risk Management Department priorr to the
commencement of any work W a County right-of-way.
7. The insurance companies selected shall send written verification to the
Indian River County Risk Management Department that they will provid..e thirty (30) days
written notice to the Indian River County Department of Risk Management of its intent to cancel
or terminate said policies of. nsurance,
S. A written safety inspection plan must be submitted to the Indian River
County Risk,Management Department for approval prior to the commencement of any work in a
County right-of-way..
9. Developer shall include in all subcontracts for ,subcontractors the above
insurance requirement or show them as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements slated herein.
10. 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
services under this Agreement and for which Developer is legally liable.
I. Concurrency: County and Developer acknowledge that amendments to Chapter
910, Indian River County Code, provide that whenever a non -proportionate fain share
developer's;agreement-is executed by an applicant,. and that developer's agreement commits the
applicant to construct major capacity -producing transportation improvements, the applicant's,
project may bevested for transportation concurrency with a seven (7),year initial concurrency
certificate if the 13oard of County Cormriissioners finds thw (a) the applicant's proposed
improvements will provide significant bengfits to the transportation system, and (b) all other
concurrency requirements, including payment of all applicable impact fees and demonstration of
available capacity on all impacted links, are met. (For purposes of tbis paragraph, .such an
agreement shall be called a "Qualified Non -proportionate Fav Share Developer's Agreement".)
County and Developer agree that this Developer's Agreement will be a Qualified Non-
proportionate Fair Share Developer's Agreement pursuant to adopted amendments to Chapter
910. Therefore, recognizing khat the applicarrt'.s proposed.improvements will provide significant
benefits to the transportation system, County agrees that the applicani's project will be vested for•
transportation concurrency with a seven (7) year initial concurrency certificate upon execution of
this Agreement by the Board of County Commissioners.
]. Roadway Improvement Project Timing' Developer agrees to diligently prosecute
the design and construction of the Roadway Improvement Project described berein. The
engineering and design functions described. in. Section Cl(b) above will be. completed within
twelve (12) months after'completiou and approval of the thirty percent (30%) :design. At such
time, as all right-of-way acquisitions are completed, all appropriate permits are issued, the
competitive bidding process is performed, the.Project is awarded to the roadway contractor and
approved by the Public Works Director, construction activities shall commence within.ninety
(90) days thereafter. The Roadway Improvement Project shall be completed within eighteen (18)
months of commencement of work.
I{, Project Performance Security:
I. To secure the performance of Developer and payment of all expenses
associated with the Roadway Improvement Project, Developer agrees to establish and maintain a
Performance Security Instrument during the term of the Project. The Performance Security
Instrument shall take the form of a cash deposit or irrevocable letter of credit. If the cash option
is elected, required sums shall be posted with the County as Fserow.Agent. In the event that an
irrevocable
letter
of credit is utilized, the form
and content thereof shall be approved in advance
by County,
in its
reasonable discretion.
2. The amount of the Performance Security Instrument to be pledged by
Developer to secure its performance hereunder shall be one hundred fifteen percent (115%) of
the Roadway Improvement Project, coats as provided in the preliminary estimate of project costs
referred to in Exhibit "E". The funds or irrevocable letter of credit (as selected by Developer)
shall be posted by Developer no Yater than fourteen (14) days following the completion and
approval by the County of the thirty percent (309o) design, as referenced in paragraph C:1.(b)
herein, and shall be maintained throughout the term of the Project, subject to reduction, as
provided below.
3. The amount of the Performance Security Instrument shall be increased or
reduced, as applicable, at such time as: the final Roadway Improvement Project costs are
determined and established.
4. County and .Developer agree that the Performance Security Instrument
shall be incrementally reduced over the course of the Roadway lmprovement Project as provided
herein. At such time as County is notified by Developer_ that n ReductionEvent(as defined
below) has occurred, County agrees to cooperate in the initiation and implementation of all
activities necessary to reduce the surety instrument, which shall involve the reduction of the cash
deposit, or letter of credit, as applicable. The amount of any such, reduction shall be equal to tiie
sums paid by Developer, and approved by the County,, since the Preceding Reduction Event, or
as poster] by a thud party as: indicated in the Reduction Event. Provided, however, in. no event
may any reduction of the Performance Security Instrument result in a final performance security
amount balance which is less than, one hundred fifteen percent (115%) of the funds necessary to
complete the Roadway Improvement Project. Further, reductions to the Performaiide Security
Instrument shall occur no more frequently than quarterly during the term bereof. Reduction
requests shall be aggregated during each quarteri and impl6menied by the parties one time: during
each three month period.
5. For purposes of this Agreement the term "Reduction Event" shall be
defined as: (a) Payment of any installment or draw to a contractor or professional.in connection
with prosecution of the Roadway Improvement Project; or (b) Payment of any proportionate
share contribution of Roadway Improvement Project costs by a participating party as provided
below.
6. The requirement of a Performance Security Instrument shall terminate
upon the earlier of (a) Payments pursuant to subsection 5(b) above equal to one hundred fifteen
percent. (115%) of Roadway Improvement Project costs; or (b) Developer completes
performance of the Roadway Improvement Project, pays all applicable parties in full,. and the
Roadway Improvements are accepted for,maintenance by County.
7. The Project traffic impact fees shall be reduced by the amount of
Performance Security lssued by Developer.
L. Miscellaneous:
1.
In the event of any
litigation
Arising
out of this Agreenment, each party
shall pay its own
attorneys' fees and costs.
2. 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.
3. This Agreement shall be binding upon and inure to the benefit of the
panties hereto and their successors find assigns.
4. This Agreement contains the eutire 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. This Agreement shall not be effective unless
signed by Developer and. County.
5. The obligations of the Developer to this Agreement are expressly
conditioned upon the Developer's decision, at Developer's sole discretion, to proceed with the
Project,
G. No Building Permit, Certificate of Completion, or Certificate of
Occupancy shall be withheld oi delayed by the County for Heritage Reserve or any portion
thereof, nor shall the County delay or withhold any other required permits, due to the County's
failure to perform any obligation described herein, provided that the Developer is in compliance
with tlus Agreement, all other elements of the Development Order and applicable laws end
regulations.
7. Bxcept as described herein and in the Development Order, the County
shall not require Developer to construct, contribute to, or share in the costs of any additional off-
site. improvements, other than the payment of or credits toward applicable -impact fees.
8. This Agreement find 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. Time shall be of the essence.
9, 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.
10. Whenever. the singular number is used in this Agreement and when
required by the context, the same shall include the plural; and the masculine, feminine, and
neuter genders shall each include the others.
11. County and Developer shall grant such further assurances and provide
such additional documents as may be reasonably required by one. another from time to time, and
cooperate fully with one another in order to carry out tba terms and conditions hereof and
comply with the express intention of this Agreement.
12. 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.
13. 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.
14. The words herein and hereof and words of similar import, without
reference to ,any particular section or subdivision of this Agreement, refer to this Agreement as a
whole rather,than to any particular section or subdivision hereof.
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 in this Agreement.
[THIS SPACE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF
the County and Developer have caused
these presents to be
executed in their names, the day and
year first above written.
I
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DEVELOPER:
BOARD
OF COUNTY COMMISSIONERS
INDIAN
RIVER CO CJr
Y. FLORIDA
By. '-
B
WITNESS:
I
WITNESS
(Corporate seal Istacceptable in place of witnesses)
•i11 1, v . . !1 and
enc
toiluty Att6ley
✓'• Jeffrey K. Barton
Clerk of Court
EXHIBIT "A"
Intersection Lnorovements
EXHIBIT 411111
Fair Share Contributiona
EXHIBIT 1101
Riebt of Way Aegaisitlons February 7, 2006
Sketch of Description Part of Section 33, T.32 S.,
R39 E. Indian River County Florida Pagas 1, 2, 3
EXHIBIT "D"
Legal Description — Heritaee Reserve
EXHIBIT "E"
Protect Costs
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EXHIBIT "A"
Intersection Lnorovements
EXHIBIT 411111
Fair Share Contributiona
EXHIBIT 1101
Riebt of Way Aegaisitlons February 7, 2006
Sketch of Description Part of Section 33, T.32 S.,
R39 E. Indian River County Florida Pagas 1, 2, 3
EXHIBIT "D"
Legal Description — Heritaee Reserve
EXHIBIT "E"
Protect Costs
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E13iMIT "A"
Site Related Intersection Improvements Constructed by Developer
Improvement
eligible for impact
Deadline
Intersection Improvement
fee credit or
Before Certificate
reimbursement
of Occupancy No.
1.Westbound left -turn lane on 33rd Street at 58'" Avenue,
no
1
including paving of 33`4 Street from 58'" Avenue east to
Project entrance.
2. Northbound right -tum lane on 58th Avenue at 33rd
no
1
Street
3. Southbound left -turn lane on 58th Avenue at 33rd
no
1
Street
4. Eastbound right -tum lane on 26th Street at 43rd
yes
Concurrently with the
Avenue
improvements to 26th
Street
5. Northbound and eastbound right -turn lanes at 58th
yes
Concurrently with the
Avenue and 26th Street
improvements to 26th
Street
Concurrently with the
6. Eastbound left -turn lane and westbound right -turn lane
no
improvements to 26th
at Eastern Project Access on 26th Street
Street
Concurrently with the
7. Eastbound left -turn lane and westbound right -turn lane
no
improvements to 26th
at Western Project Access on 26th Street
Street
8. Northbound left -turn lane on 43rd Avenue at Project
no
1
Entrance (Airport Road
9. Flasher convertible traffic signal at 33r° Street and 58"
no
1
Avenue
IO.Flasher convertible traffic signal at 43r4 Avenue and
no
1
project entrance
EXIllBIT "B"
Intersection Improvement Contributions
The Developer shall contribute its fair share to the County toward the Intersection
Improvements specified below:
On -or -Deform
Certificate
Intersection Improvexnent Traffic Volume Monetary Contribulion of Occu anp ev No.
1. County approved Interseetion lmprovements
3.4%
-$459,000
550
at 58" Avenue and Slate Road 60
2. County approved Intersection Improvements
2.4%
$16,800
400
al581h Avenue and 41" Street
3. Count approved Intersection Improvements
3.1%
$21,700
450
M58' 58' Avenue and 95'" Street,
4. Count/ approved Intersection Improvements
5.8%
$7832000
250
at 43` Avenue and State Road 60
EXIDJ31T "C"
SOUTHSTAR DEVELOPMENT PARTNERS, INC.
INDIAN_ RIVER COUNTY RIGHT-OF-WAY ACQUISITIONS
FEBRUARY 7, 2006
THE WESTERLY 40.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
"PARCEL 7" - TRACT 12, SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER
FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK.2, AT PAGE 25; SAID
LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
LESS AND EXCEPT THE NORTH 10 ACRES OF SAID TRACT 12.
THE WESTERLY 5.00 FEET AND THE SOUTHERLY 20.00 FEET OF THE
FOLLOWING DESCRIBED PARCEL:
"PARCEL B" - TRACT 13, SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER
FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, AT PAGE 25; SAID
LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
LESS THEREFROM THE CAST 35 FEET OF THE WEST 60 FEET AND THE NORTH
50 FEET OF THE SOUTH 80. FEET AS CONVEYED TO INDIAN :DIVER COUNTY IN
DEED RECORDED IN OFFICIAL RECORDS BOOK 1125, PAGE 1200,
A PORTION (CORNER CLIP) OF "PARCEL B", BEING PART OF TRACT 13, SECTION
33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL
PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE
OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN
PLAT BOOK 2, AT PAGE 25; SAID LANDS NOW LYING AND BEING IN INDIAN
RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF AFOREMENTIONED SECTION
33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN NORTH 00010'09" EAST ALONG
THE WEST LINE OF SAID SECTION 33 A DISTANCE OF 140.05 FEET; THENCE
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LEAVING SAID WEST LINE RUN SOUTH 89049151" EAST A DISTANCE OF 66.00
FEET TO A POINT ON THE EAST LINE OF THE WEST 65.00 FEET OF SAID
SECTION 33 AND THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING
RUN SOUTH 44051102" EAST A DISTANCE OF 56.55 FEET TO A POINT ON THE
NORTH LINE OF THE SOUTH 100.00 FEET OF SAID SECTION 33; THENCE RUN
NORTH B9049'51" WEST ALONG SAID NORTH LINE A DISTANCE OF 40.00 FEET TO
THE AFOREMENTIONED EAST LINE OF THE WEST 65 FEET OF SECTION 33;
THENCE RUN NORTH 00001'09" EAST ALONG SAID EAST LINE A DISTANCE OF �
40.00 FEET TO THE POINT OF BEGINNING.
THE EASTERLY 5.00 FEET, AS MEASURED NORMAL TO AND PARALLEL WITH
THE EXISTING WESTERLY RIGHT-OF-WAY OF CLEMANS AVENUE (43Flo AVENUE)
AND THE SOUTHERLY 45.00 FEET, AS MEASURED NORMAL TO AND PARALLEL
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF WALKER AVENUE (26TH
STREET), OF THE FOLLOWING DESCRIBED PARCEL:
"PARCEL 9" - FROM THE SOUTHEAST CORNER OF TRACT 16,•SECTION 33,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL
PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE
OF CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT
BOOK 23 AT PAGE 26; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA, RUN WEST 45.00 FEET; THENCE RUN NORTH 00°44'45"
EAST, A DISTANCE OF 404.82 FEET TO THE INTERSECTION WITH THE
NORTHWEST BOUNDARY OF THE CLEAR ZONE SAID POINT BEING THE POINT
OF BEGINNING; THENCE RUN NORTH 00044'45" EAST, A DISTANCE OF 1193.13
FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY, A
DISTANCE OF 863.58 FEET ON THE ARC OF A CURVE, SAID CURVE BEING
CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 11B66.00 FEET, A
TANGENT OF 439.50 FEET, A CENTRAL ANGLE OF 26014157° TO A, POINT OF
TANGENCY; THENCE RUN NORTH 25930'12" WEST, A DISTANCE OF 915.00 FEET
TO A POINT OF CURVATURE; THENCE RUN A DISTANCE OF 221.41 FEET ON THE
ARC OFA CURVE, SAID CURVE BEING CONCAVE TO THE NORTHEAST HAVING A
RADIUS OF 1335.00 FEET, A TANGENT OF 111.18 FEET A CENTRAL ANGLE OF
0903117.6" THENCE RUN NORTH 89023'00" WEST A DISTANCE OF 3291.16 FEET
T_0 THE_W..ESTL3_0_UNQABYDF TRACT e SECTION 33, TOWNSHIP 32 SOUTH,
RANGE 39 EAST; THENCE RUN SOUTH 00"11'00" WEST, A DISTANCE OF 2175.90
FEET ALONG THE WEST BOUNDARIES OF TRACTS 6 AND 1.1 TO THE
SOUTHWEST CORNER OF TRACT 11; THENCE RUN SOUTH 89056'30" EAST, A
DISTANCE OF 2666.00 FEET ALONG THE SOUTH BOUNDARIES OF TRACTS. 11
AND 10 TO THE SOUTHEAST CORNER OF TRACT 10: THENCE RUN SOUTH
00037115" WEST, A DISTANCE OF 1269.59 FEET ALONG THE WEST BOUNDARY OF
SAID TRACT 16 TO A POINT WHICH IS 56.00 FEET NORTH OF.THI~ SOUTHWEST
CORNER OF SAID TRACT 16; THENCE RUN EAST, A DISTANCE OF 978.96 FEET
TO A POINT BEING THE INTERSECTION OF A LINE 65.00 FEET NORTH OF THE
SOUTH BOUNDARY OF SAID TRACT 16 AND THE CLEAR ZONE; THENCE RUN
NORTH 41°24'36" EAST, A DISTANCE OF 466.39 FEET ALONG THE CLEAR ZONE
TO THE POINT OF BEGINNING.
S.\P\O2.94AI3OUNDARYID6CSW2-94a_ROW-Acy.doc
Page 2 of 3
Pogo 2 uP 6
THE ABOVE DESCRIBED RIGHT-OF-WAY ACQUISITION PARCELS TO BE
SHORTENED OR PROLONGED TO MEET AT ALL ANGLE POINTS (CLEAR ZONE),
TRACT AND BOUNDARY LINES.
THE WESTERLY 40.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
PARCEL 12 - THE NORTH 10 ACRES OF TRACT 12, SECTION 33, TOWNSHIP 32
SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS
OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, AT
PAGE 26: SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA.,
ALL OF THE ABOVE PARCELS SUBJECT TO ALL RESTRICTIONS,
RESERVATIONS, ABANDONMENT'S, EASEMENTS AND RIGHTS-OF-WAY OF
RECORD
(DESCRIPTIONS, BEARING CALLS AND PARCEL NUMBERS UTILIZED IN THE
DESCRIPTIONS ABOVE FROM THE MAP OF SURVEY FOR SOUTHSTAR
DEVELOPMENT PARTNERS, INC., PERFORMED BY MASTELLOR, MOILER & REED,
INC., PROFESSIONAL SURVEYORS AND MAPPERS, LAND SURVEYING BUSINESS
#4644, PROJECT NUMBER 51B6ALTA, SHEET 2 OF 9, DATED NOVEMBER 26,20C33
LATEST REVISION DATED MARCH 22, 2004.
DAVID E. LUETHJE SIGNATURE DATE:
FLORIDA LICENSE #6728
CARTER ASSOCIATES, INC., L.B. 205
9:1P\02 -94A BOUNOARYW OCS\92-94 n_ROW-Acq.doc
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I.ElIA NESERIPTON
PARCEL 7:
TRACT 12, SECTION 33, TMANSVP 32 SOVO4 RANGE 30 EAST, ACCORDING TO ME LAST GENERAL PLAT OF LANDS OF ME MOAN MLEA FINNS COUPAIY FACT NJ RR OFFICE OF THE
CLETIN OF ME CIRCUIT COURT O Sl. LUCIE COUNTY, FLORIDA 01 PLAT DOUR 2, AT PACE 25: SAID LANDS 14OW LMHO MID OBRO IN INDIAN NI ER CWN1Y. ILORMA,
LESS AND EXCEPT THE NORT11 10 ACRES OF SAN TRACT 12.
FARM &
MADE 13, SECTION 33. 701CM501'. 32 SOUTH, RANCE NO EAST, ACODUR)"0 TO TIE LAS ANIMAL PUT OF LANDS OF THE MIMI MIATI EARNS COJPANY, FILED RJ ME OFFICE OF ME
CLERK OF THE CIRCUIT COURT OF ST. LUL'IE COUNTY, FLOWDA, W PLAY GEM 2, AT PACE = SAW LANDS ROW LYING AND BUNC IN INDIAN RIVER CWHW. FLORIDA.
LESS RIEIIETROM TIE EAST 16 FEET OF TIE NEST 00 FEET AND TIE NORTH 50 FEET OF IME BOOM DO FEET AS COREYEG 70 MIMI FICE'R COUNTY IN DEED RECORDED 1N OFFICIAL
RECM DS, 00M 1125, PAGE 12M
PARCEL D.
FROM IME SOURIEML CORNER OF MAC) 15, SECTION W. TMNSIRP 32 COVEN. RANGE 39 EASE, ACCORDING TO 111E LAST LEVR&. EPLAT W LANDS OF RHE INDIAN !OYER FARMS
CO'APAW, MED W INE OFFICE OF CLERK OF ME CIRCUIT CWRI Of ST. LURE COWITY. FLCFUI W PUT BOOR 2, AT PAGE 26: SAID LARDS NARY LLMC AND BfMO DI RiMAN LAVER
COMITY, FLORIDA, RUN VEST 1600 FEED TWICE fUN 0611711 OE"'18'EASL A DISTANCE of 404.02 FEET TO THE INTEIJSECHON 10M NNE MA T TMST DOUHOANY OF THE CLEAR 204E
SAID POINT BEING TME POINT OF DEGMINO; HENCE RUN.NOBM 004eW EAST, A DISTANCE OF 11W.61 FEET TO A POINT OF CURVAiUREI MERLE RUN IIORTHMSTURY, A DISTANCE OF
-DG3.53 FEEL ON TIE ARC OF A CURLS'.. SMD VENCE BEAR) CONCAVE 10 RIE SOIM AT HANINO A RADIUS OF I05DO CECT, A TAJNOUYT O 4210.50. FEET, A CENTRAL MIME OF 2E14'OT'
TD A POINT O TANGENCY;. MME CNA IIOTMI 2MW12' NEST. A DISTANCE IY 015.00 FEET 10 A PORI OF WRVA7UREj THENCE RUN A DISTANCE.Of ]21.41 FEET W ME AND OF A
CARVE. SAID CURVE BEING CWIOAYE 70 TIE NORTHEAST MAVNO'A.RAgUS OF 1315.00 FEET, A,TAIVENT OF 111.10 FEET A CENTRAL AI40V OF 02'41'17.6' MEIJCE DUN'NWM 802)'00'.
REST A DISTANCE OF W51.15 FEET TO TME MST UDUIWARYOF MACY S. SECTION 33, TOAMSWP32 SWDI. RANUE 38 EAST; MME RUI1 SCUM 0011'0" DIST, A DISTANCE OF 21)&00
FLET ADVO ME MST BOUNDARIES OF MACIS B AND 11 TO 711E SDIIMREST. CORRFA OF TRACT 111 THENCE DUN SCUM BDW'3D' EAST, A DISTANCE or 266600 FEET ALONG TIE SWIM
DOWIDARRS OF'IRA07S 11 AND 10 TO TIE SOUMFAST GORNET OF TRACT 10: THENCE DUN SOURI' 0tl711VAIIVST. A DISTANCE OF 1208.58 FEET ALONG TIE NEST BUUIDARY OF SAN
MACY 16 TO 4 POINT RHICN 15 MOD FEET NORM OF 111E SMARMIEST OWNER W SAM MACY 1& HENCE AUH EAST, A DISTANCE OF 07606 FEET TO A POINT U21NM ME UMSECTIO14
2Of
011AA TO DIP 000'LT FENOR
VIE BOOM DOUNDARY'OF SAID MACY 10 AND TIE CUM ZOIEJ HENCE RUN RORM 41'4'30' EAST. A DISTANCE OF 18639 FEET ALONG TIE CLEAR
PARCEL 4O
IT IE MST MATE DF THE EAST 20.52 ACRES M MALT 4 (LESS CMRALT AND ALSO TIE EAST NAi OF THE EAST 20.52 AWES OF TRACT 4 (LESS CADAJ, M SECTOR 33. TMMR IP 32
$OUTLOSE LCOUNTY, RW DA, IRAJIMIE 3D CAST, li PLAT 000% 2,ORDWO 70 E LAST
T PAGE SEEMED;- SAM PLAT
LINNY LYNGOF TAlto DOUG GIMJ N INDIAN fAMRR COUNTY. RM DAT 14 TIC omoE Of INE CLER% OF INE fJRCUIT COURT OF ST.
PARCEL 111 I
DIE EAST 20 ACRES OF TRACT 0 SECTION M, jUV.%5HP 32. SWM RANGE 30 EAST, ACCMDAM TO ME MST GENERAL PLAT Of LANDS OF TIE INDIAN TOYER FAMAS WLIPAIY, FRED IN
TIE OFFICE OF ME CLERK OF A CIRCUIT CAVITY OF ST. LUCIE C60111Y. FLORIDA. IN PLAY DOW 2, AT PACE 251 SAID IACD HDTV LYWO AND BENIO W ONMAN RIVER )AUNTY FLIU MA.
PARCEL Tll
ME NORM ID AWES OF MAOI12, SECTION 33, TMMSWP 32 SOUDI, R04M 39 EASY, ACCORDING M MC EAST ODNRAL PLAT OF IANOS OF TIE INDIAN 10Y18 FA LIS CMJPAT1Y, MCC
IN THE Of ICE OF ME CLERIC OF ME ORMIT COURT OF ST. LURE COUNTY, RWIOA. IN PIAT BOON 2. AT PACE 254 SARI LANDS NOR LINO AID REDID IN INDIAN JAWH COUNTY, FLORIDA.
ASO DELYG DF50THIED AS FORUM
OCAM A PART OF MACH, 4. A 6 7 B, 0, 10. 11, 12, 13 AND 10 OF 6ECT0 M. 10OTSRIP 32 SOU RAUSE .TB EAST ACWRWIO TO INE LAST GENERAL PLAT OF LANDS OF TIC
INDIAN RIVER FARMS CONPANY SUWARON, ILEO IN ME OFFICE OF THE CIFAN OF COURT "a ST. E COUNTY, RMIIOA 04 PLATNDOX 2 PAGE 25. SMD LANDS AOI'; LINO ND BEING IN
DIW,N RATER COUNTY. FLWNA SEND) MORE FULLY DESCNDED AS FMLOMI
COMUEIIANG AT ME SWMNYST CORNEA OF SAID SEOW4,331 TWICE 1431T1'30Y A DISTANCE OF 1CM03 FEET' TO RIR-0IIDRSEEIIM OF THE EAST MONT OF YMY UNE W. COINAVENUE
AND 111C NORMRIONT a AMY DME OF 26111 STREET. SAID PONT BbIJG'DOE -POINT OF DEGIMMI1 TWICE ALWO SAW EAST MOLT OF WAY UAE, NDDTOOTE, A DISTANCE O'1,216DI
FEET TO THE NORM LINE:OF SOD TRACT. 131 RIFNCE ALONGANDEAST 014HT OF 1'MY MU OF GUM AVEIIUE AND THE NORM LAIC OF SAID MACY 13.' NBB'43'30'L1 A TARIM& OF
Of 30.10 FEET TO
DISTANCE OF 1.20:
IIDN
INC LT1DM OF 221.06 MET; HENCE S25T0'33'E, A DISTANCE OF 814.93 FEET '
OF 1,0060 FEET AND AN MO LENOM OF 063.07 FEET; 'HENCE-SOIJ%5:2r% A
CP 460.62 MET TO THE NORMAICNT OF WAY UNE OF NSM STRUM THENCE Al.
TIE MESE MILE OF SAID TRACT 12; THRICE ALOIS, ME NEST UNE OF SAID WE
ADID ME SWM UNE OF SAID MALTS 10 ARID 11, NOU'44'46'% A DISTANCE IN
TRACT 13. SOORYO'W, A DISTANCE OF 1,244.60 FEET TO TIE NORTH MCAT OF I
11B052'14W, A DISTANCE OF 1,W.10'FEET TO ME POINT OF DEGOOA D.
CONTAINING 14,600,007 SWARF FEET OR 336,73 ACRES, IJOnE OR LESS,
OF
HI13R:a
M OF SAO BABCONL CANAL A -B, 500'41'61'E, A DISTANCE OF
; A DISTANCE OF 1gTL00 FEET TWICE 500T730'E, A.DISTANCE
RM AWIREt MMDE ME FOLLDYJNC CALLS ALONG TIE IBEST
N'E HAVING A DELTA OF DO'31'33'A RADIUS OF 1,33600 FEET AN
. CARVE 10 RIE RIGHT MNNO A DELTA of 2014'OP &RADIUS
ANNA SAD NEST RICHT OF YIAY LAIC, S41`42'17'1 A MIA14M
SMD 2DM STREET. NBO4d'31'IV. A DISTANCE OF AMd FPFY in
NORTHEAST COMER OF SAM MALT ED MENGE ALONG TIE EAS
SKEET, 111FNU AMID SAO -NORIA RNIB OF IYAY NILE OF SAO
E3111113IT "E"
26TH STREET ROADWAY WIDENING
(58TH AVENI3E TO 43" AVENUE)
ENGINEER'S OPINION OF PROBABLE COSTS
Based on comparative analysis performed by Kenley -Horn. & Associates, Inc. for 30% Complete
Construction ]?tans for Aviation Boulevard Segment between US Highway 1 and 43d Avenue
m
Earthwork
$ 436,000
e
Paving
$ 2,324,057
®
Curbing
$ 280,118
a
Drainage
$ 771,815
m
Sidewalks
$ 1929500
®
Striping/Signage
$ 763667
m
Sigualization
$ 2253000
o
Landscape ( Irrigation
$ 443,750
a
Ilardscape
$ 650,000
a-
Lighting
$ 387,500
m
]Miscellaneous (Mobilization, Maint. Traffic, Elect., etc.)
t$'13212)500
•
Engineering/Surveying
53Z,595
Sub=Total
$ 628373802
o
Contingencies (10%)
' 683,780
TOTAL $ 71521,582