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Home My WebLink About2004-149 Page 1 of 4 DEVELOPER' S AGREEMENT D qq BETWEEN INDIAN RIVER COUNTY, FLORIDA AND RJP DEVELOPMENT COMPANY THIS AGREEMENT, entered this 2 2 n dday June , 2004, by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 250' Street, Vero Beach, Florida, 32960 hereafter called COUNTY and RJP DEVELOPMENT COMPANY, 300 E . New Haven Avenue, Melbourne, Florida 32901 , attn: Roy Pence, President, phone 321 -837-0350, hereafter referred to as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER proposes to develop a residential community to be known as Westfield Subdivision on 36 + acre parcel of land at the northeast comer of 16'" Street and 82°d Avenue, (Indian River County Project Number SD-03 - 11 -26 / 2003060192), which is legally described on Exhibit "A" attached hereto and incorporated herein by reference, and; WHEREAS, the COUNTY, as a condition of approval for the Preliminary Plat of a " Small Lot Subdivision", requires the DEVELOPER to improve certain roadway intersections. The COUNTY and DEVELOPER wish to define the financial and management duties so that the DEVELOPER may comply with the COUNTY' S requirements for recording the Final Plat and comply with Concurrency requirements to construct 137 homes and receive "Certificates of Completion" from the COUNTY for each home; and; WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to roadway improvements necessary at the intersection of 58d' Avenue and SR 60 to accommodate projected traffic volumes; and; WHEREAS, the DEVELOPER agrees to sell to the COUNTY an 18-foot wide strip along the West property line to expand the right of way along 82nd Avenue and includes a "comer clip" at the southwest comer of 16d, Street. WHEREAS, both the COUNTY and DEVELOPER can assist each other through a joint effort that will share the cost of the proposed intersection improvements . NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows : f Page 2 of 4 1 ) The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2) The DEVELOPER shall convey by final plat recordation the purchase of the 18-foot wide strip of property along 82°d Avenue from 16s' Street to North line of Tract 13 , Section 1 , Township 33 S, Range 38E, Indian River County, Florida. The purchase price for this property shall be $ 19,758 .82 and paid to the DEVELOPER at the time of final plat recordation. 3 ) Improvements along SR 60 (20s' Street) which include construction of dual left-turn lanes (both east and west approach) at 58s' Avenue are needed. In addition, right turn lanes are needed at both the north and south approach along 58 h Avenue at SR 60. The project (survey, engineering, permitting, utility pole relocation, right-of-way acquisition, construction, inspection, and related work) is estimated to cost $ 1 , 199, 197 . For design purposes three northbound and three southbound through lanes along 58's Avenue shall be included in the roadway design plans to accommodate future traffic needs . 4) For intersection improvements at the S .R. 60/58` Avenue intersection, the COUNTY shall select and retain the project engineer following procedures contained within F.S . S. 287 .055 "Consultants' Competitive Negotiation Act" (CCNA). 5 ) The developer will pay $90,000 of the above cost as follows : a) Within thirty (30) days of the execution of this Agreement, the DEVELOPER shall pay the sum of $22,500 to COUNTY, as DEVELOPER' S contribution to engineering design . b) The remainder, $67 ,500 ($90,000 less $22,500 Engineering design cost) will be paid by the DEVELOPER to COUNTY prior to issuance of a Land Development permit. c) The contribution by the DEVELOPER shall not exceed $90,000. 6) The COUNTY shall be responsible for all construction coordination including advertisement for bids, contractor selection and construction inspection. 7) In the event of any litigation arising out ofthis Agreement, both parties shall bear their 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 any party by reason of the physical preparation of this Agreement. 13) 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. 14) 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 Page 3 of 4 conditions hereof and comply with the express intention of this Agreement. 15) 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. 16) 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 ofthis Agreement. 17) 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. 18) 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. Page 4 of 4 IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names , the day and year first above written. BOARD OF COUNTY COMMISSIONERS RJP DEVELOPMENT COMPANY INDIAN RIVER COUNTY, FLORIDA B Roy Pence, P nt Caroline D . Ginn, Chairman BCC Approved : June 22 2004 WITNESS : (� By Josep A. Ba; ' riistrator WITNESS . " y ��':. v • � ��Y Attest: . w fol' Jef o � m Cler1 ► 'iirt �� ' ' i �,Iyr � 0 • iaaKf �� <' � ' 'a A r ved as 10 flo an gal sufficiency �rcounty Attorn y Indian River County AuMved Date a Administration Gl%% l� Budget r l Co. Riskement Public works 6 w ` EXHIBIT " A" SKETCH OF: DESCRIPTION OF ROAD RIGHT OF WAY TO 8E CONVEYED IN TRACT 13 , SECTION 1 , TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA 1 , I NORM LINE OF I i 1 TRACT JOS 70' UTKITY EASEMENT I ! ro,R.a, 747. P0, alai ! EAST 70' OF THE WEST IV ROAD R/W (0,11 .D. 1SE, R0. T1S) I ' I EAST 18 FEET CF MC REST 49 FCET i OF TRACT 17 i I 'I I ! I ! I I 1 � a TRACT 13 i ' I ! , I ' I I i , i t I I 1 � faoD' , I i 1 � . 70.00' - N anX� c ilsao' POINT or YEOINNINO� ADOITIONA_ ROAD R/W ,,C N aCSxu• C 9Q.00' ' I .14 Rs�1�00^ E 36.n' 2'W' W tl ' I I �s ersxs�• w re,Da' I N +sro146' W ee.Ar 00.00' 78TH Sim= I MEW= ROAD) SW COPNiI TRACTPMT Or 13 ' ADDITIONAL ROAD R/W I J �• �• I igARTER ASSOCU St INC CONSUL77NO ENGINEERS AND LAND SURVEYORS 1700 21ST STRYFT 778-608-4181 (PHONE) 78RO BEACH , PWRIDA 38000-0478 748-608-7100 (RAX) SKETCH OF DESCRIPTION ART OF TRACT 13, SECTION i , 9 TOWNSHIP 33 IS., RANGE 39 E. DAMD E. LSIGNATURE DATE 4 FLORIDA LICENSE No, 5720 I INDIAN RIVER COUNTY, FL CARTER ASSOCIATES, )NC. L.Bt 305 DATE I DVO AY APV'D 8Y N. SCALE v, SGALC IPRDJ. ND. SHEET I OF 2 iAD+/04 FAl. D.E.L. N/A NAA a9.O4 SS DVON 1496t•A NSA SBIMI00 830 09 £ 0 d£ 9 TR M WOI IBIS 60 UN/90 " - EXHIBIT " A " LEGAL DESCRIPTION OF ROAD RIGHT OF WAY TO BE CONVEYED IN TRACT 13, SECTION 1 , TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA LEGAL DESCRIPTION (ADDITIONAL. RIGHT-OP-'WAY TO BE CONVEYED) THL EAST I8 FEET OFTHE WEST 68 FEET OF TRACT 13, SECTION 1, TOWNSHIP U SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS FILED IN PLAT BOOK11 PAGE 25, PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA; LESS THE SOUTH 130 FEET THEREOF, TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL! COMMENCING AT THE SOUTHWEST CORNER OF TRACT 13, SECTION 1 , TOWNSHIP 33 SOI)TFL RANGE 38 EAST, THENCE RUN NORTH OD"OS'15" EAST ALONG THE WEST LINE OF SAID TRACT 13 A DISTANCE OF 1 ?0,01 FEBT; THENCE DEPARTING SAID WEST LINE RUN NORTH 89°5244" EAST A DISTANCE OF 3040 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING THENCE RUN NORTH 89"S244" PAST ALONG A LINE 130 NORTHERLY OF AND PARALLEL WITH AND NORMAL TO THE SOUTH LINE OF SAID TRACT 13 A DISTANCE OF 18 FEET; THENCE SOUTH 45001100" EAST A DISTANCE OF 56,47 FEET TO A POINT ON A LINE 90 FEET NORTHERLY OF AND PARALLEL WITH AND NORMAL TO THE SOUTH LINE OF SAID TRACT 13; THENCE SOUTH 89°52144" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 18.00 FEET; THENCE NORTH 4500 POW WEST A DISTANCE OF 56.47 FEET TO THE POINT OF BEGINPRELIMINARY NING, 1p 21 ASSOCIATES* INC ICONSULTING ENGINEERS AND 2.AND SURVEYORS YeRG sF.�a MILT aonneo-acye 76 9e-Tito OAX)NC) TLEGAL DESCRZP77ON ART OF TRACT 13, SECTION 1 , TOWNSHIP 33 S. , RANGE 39 E" DAVID E, LICENSE . 5.M. SIGNATURE DATE m INDIAN RIVER COUNTY, FL iLORIDA LICENSE Na, 5724 � i CARTER ASSOCIATES, INC. L.H. 205 DATE WO Hr APP�D BY n St.ALE V. . SCALC PROD, N0, SHEET P DF 2 ?/Da/D4 PAA• D.El. N/a N/n OD-DeBS DVDM 16962-A 00/� 00 � SOUND Md 090 IH TZ9 YUd P ' 01 IE 6009 /$ 9 / 90