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COST SHARING AGREEMENT c
BETWEEN
4 -- MRRSH - ISLAND= HOMEOWNERS ' ASSOCIATION ,- - INC . _ _ .
AND -
INDIAN
ND INDIAN ` RIVER COUNTY
THIS COST SHARING AGREEMENT entered into this 16 day of
August 12011 by and between MARSH ISLAND. HOMEOWNERS '
I .ASSOCIATION , INC . , a nonprofit Florida corporation , whose address .is 3.33
171h. Street, Suite 2L , Vero Beach , Florida 32960 , hereinafter referred to as
" MIHOA" and INDIAN RIVER . 000NTY, a political subdivision of the State of
Florida , whose address is 1801` 27th Street; Vero Beach, Florida 32960 ,
hereinafter referred to as " COUNTY " .
WITNESSETH : '
WHEREAS , Marsh Island is a private subdivision located on the
north side of County Road 510 just west of the Wabasso Bridge . and east of
the , County Road 510 Causeway ; and
WHEREAS , Marsh Island isr a gated subdivision consisting of,
approximately 32 Lots with common areas including a marina and
clubhouse ; and
WHEREAS , one of the lots , . Lot 151 is currently owned by Paul and
Yu -Hang Shoquist who began construction of the home back . in 2007; and
WHEREAS , construction of the home was never , completed and has
been exposed to the elements for the past few years. so that now the
interior walls , floor trusses , roof sheathing . and roof trusses are rotting ;
and
WHEREAS, there are no doors or windows that were ever installed
on the main structure , and the roof has never completely covered the
structure , resulting in rain entering the .building , and causing extensive
damage , and
WHEREAS , there is a partially completed pool half full of stagnant
water and debris that is fenced off with construction fencing that creates 'a
health , safety and welfare hazard for the community , and
WHEREAS , there is also a partially . completed golf cart garage
separate from the house In similar dilapidated condition ; and
WHEREAS , there is a pending foreclosure suit on the property ; and
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WHEREAS, MIHOA is concerned that the structures wouldd provide a
source -ofairborne =debris _ during _ :a :-: storm` _.event,
_
_ uncompleted - buildings _ being an eyesore to the community ;
WHEREAS , MIHOA would benefit from the demolition of these
structures as it would remove a potential source of windblown debris
during a tropical storm or hurricane , together with filling in the pool so that
the health , safety and welfare of the& community can be . improved & and
WHEREAS , MIHOA is prepared to contribute funds toward the cost of
demolition of the structures as evidenced by a vote of its Board of
Directors ,
NOW, THEREFORE, for good and sufficient consideration exchanged
And received by the parties , MIHOA and COUNTY agree as follows .
1 . The above recitals are true and correct and incorporated by
reference into this document.
2 . The COUNTY will proceed with its demolition of structures on
Lot 15 of the Marsh Island Subdivision in ` accordance with the Code of
Indian River County . and its normal practices concerning demolition of
It W unsafe structures .
3 . The COUNTY shall solicit bids through the public bidding
process for the demolition of the structures on Lot 15 and seek approval of
the lowest and most responsible , qualified bidder from the Board of County
Commissioners .
4 . Following the award of bid , receipt of the proper insurance and
licensing information , and notice to proceed , the COUNTY' s contractor will
proceed with demolition of the structures on Lot 15 in Marsh Island
Subdivision in accordance with the bid documents .
5 . The MIHOA agrees to provide access to the subdivision for the
COUNTY' s demolition contract.
6 . Upon the completion of the demolition and approval of the
work by the COUNTY, the COUNTY shall submit a statement to MIHOA for
the cost of the demolition of the structures on LOT 15 and within thirty (30 )
days , the MIHOA shall remit fifty percent ( 50%) of the final demolition costs
up to Fifteen Thousand Dollars ($ 15 ,000 . 00) to the COUNTY . The COUNTY
shall cause a lien to be placed on . the - public records for the cost of
demolition of the dilapidated structures on Lot 15 , Marsh Island
Subdivision , and should the . lien produce any funds , those funds would be
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shared with MIHOA in the same manner as the MIHOA contributed to the
costs of demolition .
- _ -
7The parties agree that this is a cost sharing agreement and that
MIHOA will not be responsible for directing or supervising the COUNT) s
contractor in any way .
8 . Controlling Law. This Agreement shall be construed and
enforced in accordance with the laws of the State of Florida . Venue shall
be in In River County for all state court matters , and in the Southern
District of Florida for all federal court matters .
9 . Entire, Agreement. This Agreement constitutes the entire
agreement between the parties with respect to this transaction and
supersedes all prior agreements , written or, oral , between MIHOA and the
County relating to the subject matter : hereof. Any modification or
amendment to this Agreement shall be effective only if in writing and
executed by each of the parties .
10 . Assignment and Binding Effect , Neither MIHOA nor County may
assign its rights and obligations under this. ` Agreement without . the prior
:b written consent of the other party. The terms hereof shall be binding upon
and shall inure to the benefit of the parties hereto and their ` successors and
assigns .
11 . Notices , Any notice shall be deemed duly served if personally
served or if mailed by certified mail , return receipt , requested , or if sent via
" overnight" courier service or facsimile transmission , as follows :
If to Seller : If to County :
Marsh Island Homeowners ' Indian River County.
Association , Inc . 1861 27th Street
333 17th Street, Suite 2L Vero Beach, FL 32960
" Vero Beach ,- Florida 32960 Attn: Public Works Director
Attn : Registered Agent
Either party may change the information above by giving written notice of
such change as provided in this paragraph .
12 . Attorney ' s Fees and Costs_ In any claim or controversy arising
out of or relating to this Agreement, each party shall' bear its own
attorney ' s fees , costs and expenses .
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13 . County Approval Required : This Agreement is subject to
approval by the Indian River County Board of County Commissioners :
The parties have entered into this agreement-' voluntarily on this 1 r,_
day of August 2011 .
MARSH ISLAND HOMEOWNERS '
ASSOC TION, INC .
" MIHOA "
Witnesses
By ,�
' Jo Von Hagen , , President
sign: .
print name : Nctaewcte
Date approved by MIHOA :
sign . �Jl� s �• CJ Vin a' ,&n
print name :
INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS
"COUNTY" qp ° N°° tlptl ° °
.° �NTY C
• •his` :
BY :
NEW
r
ATTEST
: n , Cie Bob. Solari , Chairman
a
BCC approved : Aug,uat
°° UNjy :Fl,ON;o�
APPROVED AS TO F NCY
AND LEGAL SUFF
• BY
WILL{A DES
DEPUTY COUNTY A RNEY
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