HomeMy WebLinkAbout2010-278 AGREEMENT BETWEEN 4Q lD a 7 g
INDIAN RIVER COUNTY, FLORIDA
AND
PUBLIX SUPER MARKETS , Inc.
THIS AGREEMENT , entered this 2nd day of November , 2010 , by and between
INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 180127"
Street, Vero Beach, Florida, 32960 hereafter called COUNTY and PUBLIX SUPER MARKETS,
INC . , a Florida corporation, 3300 Publix Corporate Parkway, Lakeland, Florida, 33811 , hereafter
referred to as PUBLIX.
WITNESSETH
WHEREAS , PUBLIX leases certain premises (the "Premises") located in the Shops of
Sebastian Shopping Center, Sebastian , Indian River County, Florida (the " Shopping Center") from
IPF/SEBASTIAN, LLC , a Florida limited liability company (the " Shopping Center Owner") ; and
WHEREAS , the Shopping Center is located at the intersection of County Road 510 ("CR-
510 ") and Stoney Point Drive , Sebastian , Florida; and
WHEREAS , PUBLIX has requested the Shopping Center Owner and the COUNTY to
implement a southbound directional left from CR- 510 into the current design for the Shopping
Center in which the Premises are located , and ;
WHEREAS , the COUNTY is planning to make improvements to CR-510 in the future ; and
WHEREAS , the COUNTY and PUBLIX share mutual concerns with respect to the
improvements to CR- 510 , specifically, a directional left turn lane accessing the Shopping Center via
Stoney Point Drive ; and
WHEREAS , as a result of the project, COUNTY would be required to construct and install a
south bound directional left turn lane on CR- 510 to provide access to the Shopping Center ; and
WHEREAS , both the COUNTY and PUBLIX can mutually benefit each other through a
joint effort that will transfer responsibility of constructing the directional turn lane from the
Shopping Center Owner to the County .
THEREFORE , in consideration of the mutual terms , conditions , promises, covenants and
premises hereinafter, the COUNTY and PUBLIX agree as follows :
1 . The above recitals are affirmed as being true and correct and are thereby incorporated
herein .
2 . The COUNTY has current plans to widen and improve CR-510 directly to the west of the
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Shopping Center in the future . If the COUNTY required the Shopping Center Owner to
construct the turn lane to access the Shopping Center at this time , the turn lane would be
removed during the construction of improvements to CR- 510 . Rather than have the
Shopping Center Owner construct an improvement that will be soon be removed , the
COUNTY agrees to plan , design and construct a southbound directional left turn lane from
CR- 510 into the Shopping Center via Stoney Point Drive . Said improvement is to be
constructed with the CR- 510 Roadway Improvements , County Project No . 0547 . In
exchange for the COUNTY designing the improvement, PUBLIX agrees to pay the sum of
Twenty-Three Thousand Six Hundred Fifty-Four Dollars ($23 ,654 . 00) (the "Design Fee") to
the COUNTY for the cost of designing the turn lane . All costs for construction of the turn
lane , and any other costs associated with County Project No . 0547 , including, without
limitation, additional design costs which exceed the Design Fee , shall be borne by the
COUNTY . PUBLIX shall pay the Design Fee to the COUNTY within sixty (60) days after
notice to proceed has been issued by the COUNTY on revising the current design to
incorporate the directional left turn lane .
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.
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10 . COUNTY and PUBLIX 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.
11 , 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 .
12 . 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 WI'T'NESS WHEREOF , the COUNTY and PUBLIX have caused these presents to be
executed in their names , effective the day and year first above written.
PUBLIX SUPER MARK TS , INC . , BOARD OF COUNTY COMMISSIONERS
a Florida corporation _ INDIAN RIVER COUNTY, FLORIDA
BY : e° ,.. . , . .. . BY : t���
-S ,o�C®9MI0$/,
vee ee evsv
Jo Fra ePnt
�ge° ° '.# ;F� ` Peter D . O ' Bryan,
Vic sideal Estat ®, Chairman
jx� a • N i
Approved : November 2 , 2010
WITNESS :
p
9 ' proved :
WITNESS :
(Corporate seal is acceptable in place of witnessehI �e5°fie {{- By
aJ seph A. Baird, County Administrator
Approved as to form and legal sufficiency by .
Attest L
(ills •Qe) ✓ Jeffrey K. Barton, Clerk of Court
William K . DeBraal
Assistant County Attorney
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