HomeMy WebLinkAbout2005-059 SECOND AMENDMENT to AGREEMENT
between
INDIAN RIVER COUNTY
and
INDIAN RIVER ASSOCIATES II , LLLP
WHEREAS , INDIAN RIVER COUNTY ( County) entered into a developer' s
agreement with INDIAN RIVER ASSOCIATES II , LLLP ( Developer) on August 10 , 2004 ,
concerning Falcon Trace Development ; and
WHEREAS , the original agreement dated August 10 , 2004 , was amended due to
Hurricanes Francis and Jeanne so that the time for conveyance of properties between the
parties was extended until December 15 , 2004 .
WHEREAS , part of the agreement called for the County to release " Murphy Deed "
reservations to parcels of property located on Developer' s property in exchange for the
Developer granting a like amount of property to the County to be used as right-of-way ; and
WHEREAS , as a result of a title search and prior to any conveyance of real property
between the parties , it was discovered that the County had previously released these
" Murphy Deed " reservations ; and
WHEREAS , the Developer' s agreement must be amended to reflect the correct
property exchange and purchase .
NOW , THEREFORE , in consideration of the following mutual covenants and
agreements INDIAN RIVER COUNTY , FLORIDA and INDIAN RIVER ASSOCIATES II ,
LLLP agree as follows :
A . The Developer' s Agreement dated August 6 , 2004 is amended as follows :
J :\Land\Indian River County Project Files\Falcon Trace\Agencies\IRC\Developer's Agreement\1 -25-05 Falcon Trace 2nd amended
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Paragraphs 2 , 3 and 4 of the Agreement shall read as follows :
2 . County shall purchase from Developer 2 . 027 acres of property along
27th Avenue SW to be used as right-or-way , to meet County' s ultimate
right-of-way needs , at a price of $ 13 , 000 . 00/acre , for a total of $ 26 , 351 . 00 .
The property to be conveyed is depicted as Parcel 10 (0 . 774 A) , Parcel 11
( 0 . 211 A) and Parcel 12 ( 1 . 042 A ) in Exhibit "A" attached . The conveyance
of property shall take place within sixty days of the date of this amendment .
The County shall remit payment to Developer in the form of Impact Fee
Credits to be applied equally to the first ten building permit applications
submitted for each phase , as follows :
• For Parcel 10 - $ 10 , 062 . 00 (0 . 774 A X $ 13 , 000/Acre ) for Phase I of
Falcon Trace
• For Parcel 11 - $2 , 743 . 00 (0 . 211 A X $ 13 , 000/Acre ) and for Parcel
12 - $ 13 , 546 . 00 ( 1 . 042 A X $ 13 , 000 . 00/Acre ) for Phase III of Falcon
Trace
3 . Currently , the right-of-way width of 20th Avenue SW directly abutting
Developer' s property is 35 ' wide . Developer shall convey to County ,
without compensation 25 ' of property along 20th Avenue SW shown
on Exhibit A as Parcel 1 ( 1 . 457 acres ) and Parcel 2 ( 1 . 263 acres ) .
These two parcels are to be used as right-of-way to meet County' s
minimum 60 ' right-of-way width . The conveyance of property shall
take place within sixty days of the date of this amendment .
a . The County desires to acquire additional right-of-way along 20th
Avenue SW from developer in order to meet anticipated future
demand .
The County shall purchase from Developer an additional 20 feet of
property (0 . 85 acres ) shown as Parcel 3 on Exhibit A for the sum of
$ 11 , 050 . 00 ( $ 13 , 000 X 0 . 85A) . The sale shall take place within sixty
days of the date of this amendment .
• The County shall purchase from Developer a 0 . 315 acre strip of
property shown as Parcel 4 on Exhibit A for the sum of $4 , 095 .
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($ 13 , 000 x 0 . 315 A ) . The conveyance of property shall take place
within sixty days of the date of this amendment . Developer shall
receive traffic impact fee credits for this amount during Phase III of
Falcon Trace , to be applied equally to the first ten building permit
applications submitted for this phase .
• County shall purchase from Developer a 1 . 124 acre strip of property
shown as Parcel 5 on Exhibit A for the sum of $ 14 , 612 . 00 . ($ 13 , 000
x 1 . 124 A) . The conveyance of property shall take place within sixty
days of the date of this amendment . Developer shall receive traffic
impact fee credits for this amount during Phase II of Falcon Trace , to
be applied equally to the first ten building permit applications
submitted for this phase .
4 . The County currently owns 3 . 508 acres of property shown as Parcel 6
on Exhibit A , which was intended to be 21st Street SW .
Unfortunately , this parcel abuts the B - 10 canal making sidewalk ,
bike lane and road construction more difficult . The County will
convey Parcel 6 to Developer in exchange for a 4 . 669 acre strip of
property shown as Parcel 7 on Exhibit A within sixty days of the date
of this amendment . Since the County is receiving a greater amount
( 1 . 161 acres ) of land than it is giving , the County shall pay developer
$ 15 , 093 . 00 simultaneously with the property exchange . ($ 13 , 000/A
X 1 . 161A )
Exhibit A is attached to this amended agreement and is incorporated by
reference herein .
B . Except as supplemented herein , the terms and conditions of the Agreement shall
remain in full force and effect . To the extent of any conflict between the terms of this
Amendment and the terms of the Agreement , the terms of this Amendment shall control .
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agreement1 . doc
IN WITNESS WHEREOF , this Second Amendment to Agreement is executed by
the authorized representatives of the parties as of the day and year first above written ,
nunc pro tunc .
IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these
presents to be executed in their names , the day and year first above written .
INDIAN RIVER ASSOCIATES II , LLLP , BOARD OF COUNTY COMMISSIONERS
A FLORIDA LIMITED LIABILITY INDIAN RIVER COUNT , FLORIDA
LIMITED PARTNERSHIP
BY : INDIAN RIVER II CORPORATION , BY : S .
A FLORIDA CORPORATION , Thomas S . Lowther, Chairman
ITS GENERAL PARTNER BCC proved : X00
0 005
By a
Jo ph A . blaird , County Ad , , �r� .
.4
( printed name ) AL AW F Vice pfe ri
C6 go
This document was prepared
by and should be returned to: ,
Indian River County Attorney's Office
1840 25th Street
Vero Beach, FL 32960
Parcel #6 — Falcon Trace
COUNTY DEED
INDIAN RIVER COUNTY, FLORIDA
THIS DEED , made this 8th day of February 2005 , by INDIAN
RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida , party of
the first part , whose address is 1840 25th Street, Vero Beach , Florida 32960 , and
INDIAN RIVER ASSOCIATES II , LLLP , a Florida limited liability limited partnership , whose
address is 1401 University Drive , Suite 200 , Coral Springs , FL 33071 , party of the
second part ,
Witnesseth : That the said party of the first part , for and in consideration of the
sum of Ten Dollars to it in hand paid by the party of the second part , receipt whereof is
hereby acknowledged , has granted , bargained , and sold to the party of the second part ,
its heirs and assigns forever, the following described lands lying and being in Indian
River County, Florida :
See Exhibit "A" Attached Hereto and Made a Part Hereof
IN WITNESS WHEREOF the said party of the first part has caused these
presents to be executed in its name by its Board of County Commissioners , acting by
the Chairman of said Board , the day and year aforesaid .
INDIAN RIVER COUNTY , FLORIDA
By its Board of County Commissioners
Attest : J . K . Barton , Clerk
By , Z By S .
T Deputy Clerk Thomas S . Lowther, Chairman
(Official Seal ) BCC approved : 2/8/2005
Approved as to for n
lea ide
illiam K7beBraal
Assistant County Attorney
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RESOLUTION NO . 2005 - 016
A RESOLUTION OF INDIAN RIVER COUNTY ,
FLORIDA, APPROVING AN EXCHANGE OF
RIGHT-OF -WAY WITH INDIAN RIVER
ASSOCIATES , LLLP .
WHEREAS , Indian River Associates , LLLP owns 289 acres of property
adjacent to the southeast corner of 17th Lane and 27th Avenue SW . ; and
WHEREAS , Indian River Associates , LLLP desires to acquire 3 . 508 acres of
County owned property abutting Indian River Farms Water Control District Canal B- 10 ,
between 20th Avenue SW and 27th Avenue in exchange for 4 . 669 acres of property
that will become 21 st Street SW and its right-of-way .
WHEREAS , Indian River County has agreed to pay additional compensation in
the amount of $ 15 , 093 . 00 to Indian River Associates , LLLP as part of the exchange ;
and
WHEREAS , the exchange of property between Indian River County and Indian
River Associates , LLLP is part of a Second Amended Developer' s Agreement
negotiated by the parties , and
WHEREAS , in addition to the exchange of property , the Developer' s
Agreement and the amendments thereto provides for purchase of additional right-of-
way by the County for 27th Avenue , 20th Avenue SW , construction of 21st Street SW ,
construction of 20th Avenue SW , landscaping of 21st Street SW , sidewalk construction
and other site related improvements ; and
WHEREAS , the terms and conditions of the proposed exchange have been
noticed in the newspaper once a week for two weeks pursuant to Florida Statute
125 . 37 ,
1
w
RESOLUTION NO , 2005 - 016
NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY , FLORIDA,
that the " Second Amended Developer' s Agreement" between Indian River County ,
Florida and Indian River Associates , LLLP and the exchange of property contained
therein is hereby approved and the Chairman is authorized to execute the Agreement
and any necessary deeds and documents to effectuate the exchange .
The resolution was moved for adoption by Commissioner Neuberger , and the
motion was seconded by Commissioner Davis , and , upon being put to a vote ,
the vote was as follows :
Thomas S . Lowther , Chairman Aye
Arthur R . Neuberger, Vice Chairman Aye
Wesley S . Davis Aye
Gary C . Wheeler Aye
Sandra L . Bowden Aye
The Chairman thereupon declared the resolution duly passed and adopted this
8th day of XkftQ0V 2005 .
February BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY , FLORIDA
By C-�t S G4
Thomas S . Lowther , Chairman
BCC approved : 02 - 08 - 2005
ATTE T : Jeffrey K. Barton , Clerk
By : O
Deputy Clerk
Approved as to form
and legalufficienc :
By :
'Wi4fliam , eBraal
Assistant County Attorney
2
AMENDMENT to AGREEMENT
between
INDIAN RIVER COUNTY
and
INDIAN RIVER ASSOCIATES Il , LLP
WHEREAS , INDIAN RIVER COUNTY (County) entered into a developer' s
agreement with INDIAN RIVER ASSOCIATES Il , LLP ( I . R . Associates ) on August 6 ,
2004 , concerning Falcon Trace Development ; and
WHEREAS , in the agreement , the County and I . R . Associates have set certain
dates by which responsibilities are to be completed ; and
WHEREAS , certain conveyances of real property were to be made by the parties
by October 15 , 2004 ; and
WHEREAS , factors beyond the control of either the County or I . R . Associates
have necessitated that the dates for conveyance be extended , to wit :
A. The Governor of the State of Florida has issued Executive Orders Nos . 04- 192
and 04-206 declaring a state of emergency for the State of Florida until November 10 ,
2004 ;
B . By operation of law, the aforementioned Executive Orders , Florida Statutes
sections 252 . 36 , 252 . 38 , and 252 . 46 , and Indian River County Resolutions 2004 - 95 and
2004 — 096 , the Indian River County Board of County Commissioners has the authority to
issue orders and rules during the period of the declared emergency , and has delegated
the ability to issue Emergency Orders and Emergency Contracts for Indian River County
to the County Administrator;
FAAttorney\Bill\Developers Agreements\FaIcon Trace extension agreement w irc.doc
NOW , THEREFORE , in consideration of the following mutual covenants and
agreements INDIAN RIVER COUNTY , FLORIDA and INDIAN RIVER ASSOCIATES II ,
LLP agree as follows :
1 . The original agreement dated August 6 , 2004 shall remain in full force and effect
except that the time for conveyance of properties between the parties shall be extended
until December 15 , 2004 ,
2 . Except as supplemented herein , the terms and conditions of the Agreement shall
remain in full force and effect . To the extent of any conflict between the terms of this
Amendment and the terms of the Agreement , the terms of this Amendment shall control .
IN WITNESS WHEREOF , this Amendment to Agreement is executed by the
authorized representatives of the parties as of the day and year first above written , nunc
pro tunc .
INDIAN RIVER COUNTY
By :
Joseph A . Baird
Indian River County Administrator
Date :
WITNESSES : INDIAN RIVER ASSOCIATES II , LLP
By :
print name Its :
print name
F \Attorney\BilhDevelopers Agreements\Falcon Trace extension agreement w irc. doc