HomeMy WebLinkAbout2009-202 DEVELOPER ' S AGREEMENT BETWEEN C Pei 0
INDIAN RIVER COUNTY , FLORIDA
AND
TRIPLE C & T INVESTMENTS , INC .
THIS AGREEMENT , entered this 21st day Jial y ._s 2009 , by and between INDIAN
RIVER COUNTY, FLORIDA a political subdivision of the State of Florida , 1801 27th Street , Vero Beach
,
Florida , 32960 hereafter called COUNTY and TRIPLE C & T INVESTMENTS , INC . , a Florida Corporation ,
PO . Box 5375 , Vero Beach , FL 32961 , hereafter referred to as the DEVELOPER .
WITNESSETH
WHEREAS , the DEVELOPER has applied to develop a day care center , to be known as Tot Spot ,
County Development Project #2004080190 , hereafter referred to as the PROJECT , to be built within Indian
River County , on 47th Street , east of U . S . Highway 1 , and ;
WHEREAS , as a condition of site plan approval , the DEVELOPER must pave 47th Street between
US1 and the PROJECT entrance , a distance of 849 feet , and ;
WHEREAS , the COUNTY desires to pave 47th Street ( a County road ) between US1 and the east
terminus of 47th Street , a distance of 1 , 053 feet , and ;
WHEREAS , in order to pave the entire section of 47th Street east of US1 , the COUNTY would be
responsible for paving the remaining 204 feet of roadway , and ;
WHEREAS , both the COUNTY and DEVELOPER can mutually benefit each other through a joint
effort in paving 47th Street ;
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 DEVELOPER shall design , permit , and construct 47th
Street east of US1 to Florida Department of Transportation " Green Book " standards . The project
consists of paving 47th Street between US1 and the east terminus of 47th Street , a distance of
1 , 053 feet . The parties agree that the estimated cost of construction and materials testing is
$ 105 , 555 . 62 , and engineering design including permitting is $ 10 , 555 . 56 ( 10 % of construction plus
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testing ) . The total cost is $ 116 , 111 . 18 .
3 . Pursuant to the terms of this Agreement , the DEVELOPER shall :
a . Pay $ 93 , 616 . 72 to the County , which is 80 . 6 % of the project cost . This payment shall be
made within thirty ( 30) days of the effective date of this Agreement .
b . The DEVELOPER shall be responsible for the WORK . The DEVELOPER shall complete
the WORK by December 31 , 2009 .
4 . Pursuant to the terms of this Agreement , the COUNTY shall :
a . Pay $ 22 , 494 . 46 ( 19 . 4 % of the project cost) , which is based on the proportionate share of
linear feet of paving ( 80 . 6 % developer/ 19 . 4 % County) .
b . The COUNTY PURCHASING DIVISION shall bid the project , publicly following standard
COUNTY Purchasing policies .
5 . In the event that the bid comes in over the estimated amount , the Developer shall have the option
to cancel this Agreement without penalty . In the event that the bid comes in under the estimated
amount and after all work has been completed and approved by the County , The Developer shall
be refunded 80 . 6 % of the difference between the actual cost of the work and the estimated cost of
the work .
6 . All decisions regarding design , engineering , construction and inspection of the WORK shall be
made by the COUNTY .
7 . In the event of any litigation arising out of this Agreement , each party shall bear its own attorney
fees and costs .
8 . 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 .
9 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
successors and assigns .
10 . 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 .
11 . 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 .
12 . 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
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any party by reason of the physical preparation of this Agreement .
13 . 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 .
14 . 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 .
15 . 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 .
16 . 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 .
17 . Time is of the essence as to all matters contained 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 .
TRIPLE C & T INVESTMENTS , INC . BOARD OF COUNT' COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY : B v
Wesley S . Davis , Chairman
WITNESS : BCC Approved : Jul y 21 , 2009
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WITNESS : - Approved :
( Corporate seal is accept a in place of witnesses) By�
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bseph A Baird , County Administrator
Ailroved as ariegal sufficiency : Atte §L!
Jeffrey K . Barton , Clerk of Court
ounty Attorney
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