The URL can be used to link to this page

Home My WebLink About2004-310 o, DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND VERO BEACH INVESTMENTS, LLC FOR TURTLE RUN RESIDENTIAL DEVELOPMENT THIS AGREEMENT , entered this 7th day of December , 2004 , by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida, 32960 hereafter called COUNTY and Vero Beach Investments, LLC , a Florida Corporation, 1851 NW 125th Avenue, Suite 300, Pembroke Pines, Florida 33028 — Sandy Segall, Manager, 954-447 - 7775 , hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS , the DEVELOPER has applied to develop a residential development to be known as Turtle Run on approximately 46 . 55 acres of land along the west side of 82n Avenue north of 12th Street in Indian River County, Project Number SP-MJ-04-02 -08 , the legal description is attached as Exhibit "A" and incorporated herein by reference , and ; WHEREAS , the COUNTY and DEVELOPER share mutual concerns with respect to paving and drainage improvements to 12th Street to accommodate project traffic volumes, and the general plans, and; WHEREAS, the COUNTY is planning to pave 12th Street from 82nd Avenue to 90th Avenue as a two lane road in the near future along the Turtle Run frontage, and ; WHEREAS , both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed 12th Street improvements . 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 inc rporated herein. 2 . The DEVELOPER shall pay to the COUNTY, by December 31 , 2005 or pri r to the issuance of the first building permit I Phase 2 (multi -family unit) , the sumo $ 34,227 . 75 (which represents 456 . 37 L . F . of frontage at $ 75 . 00/foot) as the DEVELOP R' s fair- share cost of paving 12t1i Street along the Turtle Run frontage . The COUNTY shall pave 12th Street prior to December 31 , 2011 from 82nd Avenue to 90th Avenue as a two-lane roadway . The payment by DEVELOPER as noted above completes the DE ELOPER' s responsibility for 12th Street improvements . No Certificates of Occupancy s iall be F :\Public Works\KimP\Contract & Agr Docs\Developer's Agreements\Turtle Run-Dev Agr.doc withheld in the event the COUNTY elects to postpone 12 'h Street paving. 3 . The COUNTY shall be responsible for all construction coordination including advertisement for bids, contractor selection and construction inspection. 4 . In the event of any litigation arising out of this Agreement, each party shall ear its own attorney fees and costs . 5 . 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 , 6 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns . 7 . 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 . 8 . This Agreement and all matters arising hereunder shall be governed by and onstrued in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 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 required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof End comply with the express intention of this Agreement . 12 . Failure to insist upon strict compliance with any of the terms, covenants , or onditions 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 Dr 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 . F:\Public Works\KimMontract & Agr Docs\Developer's Agreements\Turtle Run-Dev Agr.doc 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. A. In the event any term, condition, or clause of this Agreement is Jeclared 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 th m.se presents to be executed in their names, the day and year first above written . VERO BEACH INVESTMENTS , LLC BOARD OF COUNTY COMMISSIONERS INDIAN RIVER CO Y, FLORIDA B BY : Paul LCWassey, thor> zed Representative Arthur R. N er r, Ch C BCC Approved : WITNES Approved : WITNESS : '�J (Corporate seal is acceptable in place of witnesses) By J eph_ gird, Count ielstrator W1 JXAttes � � Jeffrey K: : `a�ti, Clerk of ou ounty Attorn y (Approved as to form and legal sufficiency) Indian River County Approved Date el Administration Budget Co. Atty. Risk Management Public Works R\Public Works\KimP\Contract & Agr Docseveloper's Agreements\Turt \Dle Run-Dev Agr.doc EXHIBIT A Legal Description : THAT PORTION OF TRACTS 1 , 29 7 AND 8 , IN SECTION 11 , TOWNSHIP 33 SOUTH, RANGE 38 EAST OF THAT PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25 , PUBLIC RECORDS OF ST , LUCIE COUNTY, FLORIDA; NOW INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS : COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT 7 AND RUN N00012' 55 "W ALONG THE WEST LINE OF SAID TRACT 7 FOR 60 . 00 FEET TO THE NORTH RIGHT OF WAY LINE OF ROSEDALE ROAD ( I 2th . STREET), TO THE POINT OF BEGINNING; THENCE CONTINUE N00° 12 '55 "W ALONG THE WEST LINE OF SAID TRACT 7 FOR 1261 . 94 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 2 ; THENCE RUN N00012'04 " W, ALONG THE WEST LINE OF SAID TRACT 2 , FOR 331 .94 FEET; THENCE RUN N89033 '03 "E, FOR 967 . 13 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, CONCAVE EASTERLY HAVING A RADIUS OF 485 . 00 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 °31 '06 " FOR AN ARC LENGTH OF 182 . 15 FEET (CHORD BEARING OF S16°22' 13 'E FOR 181 . 08 FEET), THENCE RUN 620511571VE FOR 387 . 74 FEET; THENCE RUN N89° 33 '03 "E FOR 662 .92 FEET; THENCE RUN S00° 12' 13 "E FOR 200 . 00 FEET; THENCE RUN N89°33 '03 "E FOR 609 . 96 FEET TO THE WEST RIGHT OF WAY LINE OF RANCH ROAD, SAID RIGHT OF WAN LINE BEING 30 . 00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID TRACT 1 AND 8 ; THENCE RUN S00012113 "E, ALONG THE EAST RIGHT OF WAY LINE OF SAID RANCH ROAD, FOR 573 . 51 FEET; THENCE RUN S89°23 '59 "W FOR 1303 FEET TO THE WEST LINE OF SAID TRACT 8 ; THENCE RUN N00° 12'21 "W, ALONG THE WEST LINE OF SAID TRACT 8 , FOR 267 . 19 FEET ; THENCE, RUN S89023 '59 "W FOR 876 . 64 FEET; THENCE RUN S00° 12 '28 "E FOR 1080 . 61 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID ROSEDALE ROAD, SAID RIGHT OF WAY LINE BEING 60 . 00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID TRACT 7 , THENCE RUN S89023 '59 "W ALONG SAID NORTH RIGHT OF WAY LINE OF 45637 FEET TO THE POINT OF BEGINNING; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL OF LAND CONTAINING 46 . 55 ACRES , MORE OR LESS .