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Home My WebLink About2013-136 A2 043 go /1 DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND NORTH COUNTY CHARTER SCHOOL, INC. THIS AGREEMENT, entered this 16th day of July , 2013 , by and between INDIAN RIV1iR COUNTY, FLORIDA a political subdivision of the State of Florida, 180127' Street, Vero Beach, Florida, 32960 hereafter called COUNTY and NORTH COUNTY CHARTER SCHOOL, INC. , a Florida Non Profit Corporation, 6640 Old Dixie Highway, Vero Beach, FL 32967, Telephone No . 772-794- 1941 , hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has. applied to construct an addition to the existing North County Charter School that will increase enrollment from 232 students to 402 students . 1he site is located at 6640 Old Dixie highway, Vero Beach, FL. The Indian River County Project Number is 96080094 (Application number 70282), the legal description is attached as Exhibit 'A" and incorporated herein by reference, and; WHEREAS, the DEVELOPER is required to construct a southbound left turn lane into the site from Old Dixie Highway due to the increase in enrollment; WHEREAS, the COUNTY is proposing to resurface Old Dixie Highway along the frontage of the North County Charter School ; WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to the left turn lane improvements on Old Dixie Highway; WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed southbound left turn lane on Old Dixie Highway improvements , WHEREAS, the COUNTY is requesting certain improvements to Old Dixie Highway that cannot be currently performed by DEVELOPER due to timing issues of the resurfacing project on Old Dixie Highway right-of--way; and 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 . The DEVELOPER shall pay to the COUNTY the sum of $48 ,927 .00 prior to issuance of a Certificate of Operation for the expansion of the North County Charter School as a contribution for construction of the southbound left turn lane improvements on Old Dixie 1 Highway. 3 . The COUNTY shall be responsible for all construction and construction coordination including advertisement for bids, contractor selection, construction, surveying 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. 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 2 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. NORTH COUNTY CHARTER BOARD OF COUNTY COMMISSIONERS SCHOOL, INC . , A Florida Non INDIAN RIVER COUNTY, FLORIDA Profit Corporation BY : BY : e son, esident Jo p escher, Chairman BCC Approved: July 16 , 2013 WITNESS . Approved: WITNE (Corporate seal is acceptable in place of witnesses) B teph aird, County Administrator A Jeffrey R. Smith, Clerk o16CL ourt County Attorney Ott 0., " (Approved as to form and legal sufficiency) G • 0 e a o° 9 ER `'• .RN 3 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY , FLORIDA, BEING MORE PARTICULARY DESCIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN SOUTH 00° 10' 11 " WEST (BASIS OF BEARINGS) ON THE WEST BOUNDARY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 15.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF 67TH STREET, A VARIABLE WIDTH RIGHT OF WAY; THENCE CONTINUE SOUTH 00° 10' 11 " WEST, A DISTANCE OF 195 .00 FEET TO THE SOUTH WEST CORNER OF PARCEL NUMBER 32391000000100000038.0 (3435 67TH STREET), AND THE NORTH LINE OF THE HEREINAFTER DESCRIBED PARCEL, SAID POINT ALSO BEING THE POINT OF BEGINNING ; THENCE RUN SOUTH 89044106"EAST, A DISTANCE OF 412. 12 FEET; THENCE RUN NORTH 00020'36"EAST, A DISTANCE OF 54.56 FEET TO THE WESTERLY RIGHT OF WAY LINE OF U.S.HIGHWAY No. ] , A 120 FOOT WIDE RIGHT OF WAY AND ALSO BEING A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE WEST, THE RADIUS OF WHICH BEARS SOUTH 75016134"WEST, A DISTANCE OF 17128.75 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID WEST RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 01008'43", AN ARC DISTANE OF 342.38 FEET TO THE NORTHEAST CORNER OF PARCEL NUMBER 32391000000100000029.0 (6605 US HIGHWAY # 1 ); THENCE LEAVING SAID WEST RIGHT OF WAY LINE, RUN NORTH 89°44'06"WEST ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 227.62 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE RUN SOUTH 13012'21 "EAST, A DISTANCE OF 185 . 63 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL, SAID POINT ALSO BEING ON THE NORTH LINE OF PARCEL NUMBER 32391000000100000028.0 (6595 US HIGHWAY # 1 ); THENCE RUN NORTH 89°27'56"WEST ALONG SAID NORTH LINE, A DISTANCE OF 212.92 FEET TO A POINT; THENCE CONTINUE NORTH 8902756"WEST, A DISTANCE OF 14.50 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE EASTERLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY, A 66 FOOT WIDE RIGHT OF WAY, AS RECORDED IN PLAT BOOK 24, PAGES 82 THROUGH 93 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND ALSO BEING A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE EAST, THE RADIUS OF WHICH BEARS NORTH 75029'07"EAST, A DISTANCE OF 5467.49 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND THE EASTERLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY THROUGH A CENTRAL ANGLE OF 01 °56' 11 ", AN ARC DISTANCE OF 184.77 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 89044'06"EAST, A DISTANCE OF 14.36 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE EAST, THE RADIUS OF WHICH BEARS NORTH 770231171EAST, A DISTANCE OF 5453 .49 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00002101 ", AN ARC DISTANE OF 3 . 19 FEET TO THE POINT OF TANGENCY; THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, RUN NORTH 12034'41 "WEST, A DISTANCE OF 248.00 FEET TO THE INTERSECTION WITH THE AFORESAID WEST BOUNDARY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE RUN SOUTH 00° 10' 11 "WEST ALONG AFORESAID WEST BOUNDARY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 63 .45 FEET ; THENCE CONTINUE NORTH 12°34'42 "WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 65 .28 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, THE RADIUS OF WHICH BEARS SOUTH 77025' 18"WEST, A DISTANCE OF 5344.55 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND THE EASTERLY RIGHT OF WAY OF OLD DIXIE HIGHWAY THROUGH A CENTRAL ANGLE OF 00021106112 AN ARC DISTANCE OF 32. 79 FEET; ; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE, RUN SOUTH 89044106" EAST, A DISTANCE OF 14.38 FEET; THENCE CONTINUE SOUTH 89044'06"EAST, A DISTANCE OF 7.36 FEET TO THE POINT OF BEGINNING , SAID PARCEL CONTAINING 3 .76 ACRES MORE OR LESS. k