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HomeMy WebLinkAbout2004-215 - ly � p4 � 11 . 1 . E DEVELOPER' S AGREEMENT BETWEEN 2. [ b INDIAN RIVER COUNTY, FLORIDA AND WILLIAM H. HENSICK AND SONS, INC. FOR OSLO WEST COMMERCIAL PARK THIS AGREEMENT, entered this 14th day of September , 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 William H. Hensick and Sons, Inc . , a Florida Corporation, 1125 12th Street, Suite C , Vero Beach, Florida 32960 — Norman W. Hensick, Vice President, 772- 562-6748 , hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS , the DEVELOPER has applied to develop a commercial development to be known as Oslo West Commercial Park on approximately 5 acres of land along the north side of Oslo Road between 43rd Avenue and 27th Avenue, in Indian River County, Project Number SP-MA-00-09- 54/98050133 -23980, 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 left and right turn lanes along Oslo Road to accommodate project traffic volumes, and; WHEREAS, the COUNTY is planning to expand Oslo Road from two lanes to four/five lanes in the near future along the Oslo West Commercial Park 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 Oslo Road 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 incorporated herein. 2 . In order to accommodate traffic into Oslo West Commercial Park, DEVELOPER would be required to install a westbound right turn lane and eastbound left turn lane on Oslo Road at the entrance to Oslo West Commercial Park. The COUNTY recently decided to expand Oslo Road from two lanes to four/five lanes along DEVELOPER' S frontage so any traffic improvements made by DEVELOPER would be used for a short time and then destroyed in the expansion of Oslo Road. Instead of the DEVELOPER constructing the 1 FAPublic Works\KimP\Contract & Agr Docs\Developer's Agreements\Oslo West Commercial Park-Dev Agr.doc site related turn lanes and entrance within Oslo Rd. right-of-way as a stand alone project, the DEVELOPER shall pay to the COUNTY the sum of $ 33 , 710 . 00 prior to September 30, 2004 as a contribution for construction of the left and right turn lanes and entrance along a portion of Oslo Road. 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 bear 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 construed 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 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 . 2 FAPublic Works\KimP\Contract & Agr Docs\Developer's Agreements\Oslo West Commercial Park-Dev Agr.doc i 4 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. A. 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. IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. ;BY H. ENSICK SONS , IN BOARD OF COUNTY COMMISSIONERS INDIAN RIVER CO Y, FLORIDA B Norman W. Hensick, Vice Pre ' ent Arthur R . }} Ney'eu ° ; , r r .; Vi e airman BCC dpcJit�el�f: "! 4 , 2004 <� WITNESS : Approi ; WITNESS : y, Y . (Corporate seal is acceptable in place of witnesses) By ,. . J eph. r aid, Cq,1xt Administrator Attest : �-� Jeffrey K. Barton, Clerk Ako 6"W County Attorney (Approved as to form and legal sufficiency) Indian River CountyApproved Date '� Administration Y Budget Co. Atty. j Risk Management Public Works $ 36 3 FAPublic Works\KimP\Contract & Agr Docs\Developer's Agreements\Oslo West Commercial Park-Dev Agr.doc EXHIBIT A LEGAL DESCRIPTION THE SOUTH 5 ACRES OF THE EAST 10 ACRES OF THE WEST 20 ACRES OF TRACT 15 , SECTION 22, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF CIRCUIT COURT OF ST . LUCIE COUNTY, IN PLAT BOOK 29 PAGE 25 , SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE SOUTH 10 . 00 FEET THEREOF FOR THE OSLO ROAD RIGHT-OF- WAY.