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HomeMy WebLinkAbout2010-200 0 DEVELOPER AGREEMENT BETWEEN ' zoo INDIAN RIVER COUNTY, FLORIDA AND GARETT AND CHERIE GUIDROZ FOR INSTALLATION AND CONSTRUCTION OF ASPHALT MILLINGS ALONG 53RD STREET WEST OF 66TH AVENUE THIS AGREEMENT , entered this 7th , day of September , 2010 , by and between Indian River County, Florida a political subdivision of the State of Florida, 180127 1h Street, Vero Beach, Florida, 32960 hereafter referred to as "County", and Garett and Cherie Guidroz, husband and wife , 7085 53rd Street, Vero Beach, Florida 32967 , hereafter referred to as "Developer . " WITNESSETH WHEREAS , Developer has requested assistance to design, permit and construct 53rd Street from a dirt road to a two lane road treated with asphalt millings within County owned right-of-way from 66th Avenue to a point 3 , 400 feet west in Indian River County, herein after referred to as the "Project" . An aerial depiction is attached as Exhibit "A" and incorporated herein by reference, and ; WHEREAS , the millings will reduce the amount of maintenance needed for 53rd Street and improve mobility, safety and drainage ; and WHEREAS , the millings will eliminate the need for road grading ; and WHEREAS , the millings will reduce dust and maintenance / repair of vehicles ; and WHEREAS , the approximate cost of road improvements is $ 25 , 000 ; and WHEREAS , the COUNTY has added millings to other dirt roads with positive results ; and WHEREAS , both County and Developer can mutually benefit through a joint effort in providing road improvements on 53rd Street west of 66th Avenue . 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 County agrees to plan, design and improve 53rd Street by adding asphalt millings to the existing road bed . The project shall begin at the intersection of 53rd Street and 66t1i Avenue and proceed west for approximately 3 ,400 feet . Improvements are to be constructed within the County ' s right- of-way. 3 . The County shall be responsible for all construction, permitting and construction inspection . CADocuments and Settings\gguidroz\Local Settings\Temporary Internet Files\Content. Outlook\5H3N4RL0\53St west of 66Av millings Developer Agreement. doc 4 . The Developer shall remit payment to the County in the sum of Twenty five thousand dollars ($25 , 000) within thirty days of approval of this Agreement . If the Developer fails to make payment to the County within thirty days of Agreement approval , this Agreement shall become null and void . 5 . Should the County fail to commence construction of the improvements by December 1 , 2010 , Developer shall have the right to terminate this agreement and receive a refund of any money paid to the County . Construction commencement shall be defined as one or more of the following activities : utility relocation, excavation and/or preparation of the road surface, or application of asphalt millings . 6 . The County offers no guarantee and provides no warranty on the performance of asphalt millings . 7 . The County shall continue to be responsible for maintenance and repair of the improved section of 53rd Street . 8 . In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs . 9 . 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 . 10 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors , and assigns . 11 . 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 . 12 . 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. 13 . 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. 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 conditions hereof and comply with the express intention of this Agreement . CADocuments and Settings\gguidroz\Local Settings\Temporary Internet F1les\Content. 0utlook\5H3N4RL0\53 St west of 66Av millings Developer Agreement. doc 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 . 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 have caused these presents to be executed in their names , the day and year first above written . GARETT GUIDROZ BOARD OF COUNTY COMMISSIONERS -_ INDI RIVER COUNTY, FLORIDA 56 CHERIE GUIDROZ Peter D . O ' Bryan, Chairman ASS10N2 RS " " a ♦. a 4 a , // BCC Approved : Sept mber 7 °°gf10 coo WITNESS : Approved : September 7 , 201 �'•,, •'• • . . �, WITNESS : L iAN?, '��" °p6 At It " u 11 (Corporate seal is acceptable in place of witnesses) B seph . Baird, County Administrator Approved as to form a leg sufficiency Attest : .b r : J frey K . Barton, Clerk of dourt William K. beBraal Deputy County Attorney CADocuments and Settings\gguidroz\Local Settings\Temporary Internet Piles\Content. Outlook\5H3N4RL0\53St west of66Av millings Developer Agreement.doe