HomeMy WebLinkAbout2005-0053120103RESO(LEGAL)WGC/nhm
RESOLUTION NO. 2005- 005
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, APPROVING AN EXCHANGE OF 58TH
AVENUE RIGHT-OF-WAY WITH SEGOVIA
LAKES LLC.
WHEREAS, SEGOVIA LAKES LLC owns 30 acres of property adjacent to 58th
Avenue, lying south of the Main Relief Canal and west of the terminus of 16th Street;
and
WHEREAS, Segovia Lakes desires to acquire a 0.91 acre County owned
stormwater retention pond in exchange for a 1.048 acre parcel and a 0.497 acre parcel
of property along 58th Avenue to be used as right-of-way for 58th Avenue and to align
Atlantic Boulevard and 16th Street.
WHEREAS, Segovia Lakes will also provide an easement to the County and
necessary piping for routing stormwater runoff from 58th Avenue (expanded to six
lanes) into the Segovia Lakes stormwater retention system.
WHEREAS, Indian River County has agreed to pay additional compensation in
the amount of $40,890.10 to Segovia Lakes as a part of the exchange; and
WHEREAS, the exchange of property between Indian River County and
Segovia Lakes is part of a Developer's Agreement negotiated by the parties, and
WHEREAS, the terms and conditions of the proposed exchange have been
noticed in the newspaper once a week for two weeks pursuant to Florida Statute
125.37,
1
a
RESOLUTION NO. 2005- 005
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA,
that the "Agreement to Exchange Property" between Indian River County, Florida and
Segovia Lakes LLC is approved and the Chairman is authorized t� execute the
Agreement and any necessary deeds to effectuate the exchange.
The resolution was moved for adoption by Commissioner Davi s , and the
motion was seconded -by Commissioner Neuberger , and, upon being put to a vote,
the vote was as follows:
Thomas S. Lowther, Chairman Aye
Arthur R. Neuberger, Vice Chairman Aye
Wesley S. Davis Aye
Gary C. Wheeler
Sandra L. Bowden
Ay e
Ay e
The Chairman thereupon declared the resolution duly passed and adopted this
4th day of January, 2005.
Jeffrey K..Ba ► on, • lerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RI ER COUNTY, FLORIDA
By
Thomas S. Lowther, Chairman
BCC approved: 1/04/05
Deputy Clerk
Approved as to form
and legal sufficiency:
By:
William G. Collins II
County Attorney
2
This document prepared by and return to:
Indian .River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960
1.1/8/04wcg(PWD)jwd
DEVELOPER'S AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
SEGOVIA LAKES LLC FOR
SEGOVIA LAKES PLANNED DEVELOPMENT
RELOCATION OF 16TH STREET (ATLANTIC BLVD.)
AND STORMWATER MANAGEMENT
/
THIS AGREEMENT, entered this 4th day January , 2005 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 and SEGOVIA LAKES LLC, 2655
LeJeune Road, Suite 802, Coral Gables, Florida 33134, Attn: David R. Garcia, hereafter referred to
as the DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER proposes to develop a residential community to be known as
Segovia Lakes Planned Development on a 30 -acre parcel of land along 58th Avenue, (Indian River
County Project Number 2002050008) which is legally described on Exhibit "A" attached hereto and
incorporated herein by reference, and;
WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to right-
of-way acquisition, roadway, and drainage improvements for 58th Avenue and 16th Street (Atlantic
Blvd.), and;
WHEREAS, both the COUNTY and DEVELOPER can assist each other through a joint
effort that will provide for right-of-way acquisition, drainage, and roadway paving of 16th Street
(Atlantic Blvd.).
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants
and premises hereinafter, the COUNTY and DEVELOPER agree as follows:
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This document prepared by and return to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960
11 /8/04weg(PWD)jwd
1. Recitals: The above recitals are affirmed as being true and correct and are hereby
incorporated as if fully restated herein.
2. Stormwater Facility Construction: The DEVELOPER shall construct drainage piping and
necessary restoration of right-of-way to direct the 58th Avenue stormwater currently stored in
the stormwater pond located at the southeast corner of Developer's site ("Existing County
Pond") into the on-site stormwater pond to be constructed on DEVELOPER'S site. After the
58th Avenue stormwater is diverted, the County shall abandon the Existing County Pond and
site to the DEVELOPER, less the needed 20' right-of-way for 58th Avenue. The parcel to be
retained for 58th Avenue right-of-way is legally described and shown on Exhibit "B". The
DEVELOPER shall obtain all necessary St. John's River Water Management District
permits, and Developer shall design the stormwater system to divert the stormwater, all at no
cost to the COUNTY. The DEVELOPER shall grant to the COUNTY a 15 ft. wide
easement from 58th Ave. along the inflow drainage pipe, through onsite stormwater ponds,
and along the drainage outfall pipe, for emergency maintenance. The DEVELOPER and/or
Segovia Lakes Property Owners' Association shall maintain the on-site stormwater lake in
accordance with the Segovia Lakes Property Owners' Association Declaration of Covenants
and Restrictions .: In addition;: the pond -volume- and_all -piping shall be sized to provide..:
stormwater storage for the impervious area to be covered by the future six -lane expansion of
King' s Highway (5 8th Avenue) for the length of the Segovia Lakes project's frontage on
King' s Highway.
3. King's Highway (58th Avenue): King's Highway (58th Avenue) and Atlantic Boulevard
Right -of -Way Acquisition: The DEVELOPER and the County agree to exchange, pursuant to
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This document'prepared by and return to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960
11/8/04wcg(PWD)jwd
a Land Exchange Agreement entered into by the DEVELOPER and the COUNTY, twenty
feet (20') of DEVELOPER'S property on King's Highway together with a certain parcel
consisting of 45,651 square feet (where the road connecting 1661 Street to Atlantic Blvd. will
be constructed), whichparcels are legally described and shown on Exhibit "C" attached
hereto and incorporated herein by reference (collectively, the "Developer Parcel"), for the
COUNTY owned parcel containing the Existing County Pond consisting of 39,751 square
feet, which parcel is legally described and shown on Exhibit "D" attached hereto and
incorporated herein by reference (the "County Parcel") on an equal square footage basis.
Since the Developer Parcel is larger than the County Parcel by 27,570 SF, the COUNTY
shall pay DEVELOPER $ 1.48 per SF or $ 40,890;10
4. Atlantic Blvd. (16th Street): DEVELOPER shall design, obtain permits, pave and relocate,
as necessary, Atlantic Blvd. from the DEVELOPER'S west property line to the 16th
Street/58th Avenue intersection, as shown on the approved Segovia Lakes Preliminary Plat.
The COUNTY Public Works Department shall review and approve the design prior to
submitting permit applications. The DEVELOPER shall use the County's public competitive
bid process for construction of this improvement, and Developer further agrees fully and
timely to cooperate with the .COUNTY in: the public: competitive bidding of the construction... _...
The DEVELOPER shall timely provide the Indian River County Purchasing Division with
sufficient information, including the nature of the project, where the plans may be purchased,
the purchase price of the plans in an amount not to exceed One Hundred Dollars ($100.00),
the proposed date of bid opening, and all other required competitive bid details to ensure
compliance with §255.20, Fla. Stat. (2003), and to ensure sufficient public notice of the
3
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This document prepared by and return to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960
11/8/04wcg(PWD)jwd •
construction of improvements described in this paragraph to enable the COUNTY to post a
notice on DemandStar. The DEVELOPER agrees that the Indian River County Purchasing
Division shall conduct the public competitive bid process for the construction of the
improvements in this paragraph to obtain bona fide bids from licensed and qualified
contractors, and that such bids are to be publicly opened and read aloud. The DEVELOPER
shall cause the DEVELOPER'S engineer to review the bids received by the Indian River
County Purchasing Division, and to make a written recommendation to the County's Public
Works Director for award of the bid to a licensed and qualified contractor. The COUNTY'S
reimbursement of construction costs to the DEVELOPER shall be conditioned upon the
approval of all project costs by the County's Public Works Director. Bid proposals and
engineering costs related to the work described herein shall be subject to prior approval by
County's Public Works Director. The DEVELOPER shall not commence work unless the
County's Public Works Director provides written approval of the final construction cost and
the final project cost. The COUNTY may require redesign and/or re -bid if, in the
COUNTY'S sole discretion, project costs significantly exceed those contained in Exhibit
"E." Bids shall include Performance and Payment Bonds with the COUNTY being named an
additional_ party --covered =by -the Bonds. Upon completion and acceptanceofthe road
improvements, DEVELOPER shall provide a bill of sale to COUNTY for the improvements
in this paragraph together with a one year warranty covering said improvements. The bid
price of the selected bid shall be deemed to be the "Fixed Contract Price" for purposes of this
Agreement. The COUNTY shall reimburse Developer for 50% of the Fixed Contract Price.
If the actual construction costs exceed the Fixed Contract Price, DEVELOPER and
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This document prepared by and return to:
Indian River County
Public Works Department
1840 25'h Street
Vero Beach, FI. 32960
11 /8/04wcg(PWD)jwd
COUNTY agree that COUNTY shall not be obligated to reimburse DEVELOPER any
amounts corresponding to the excess costs over the Fixed Contract Price. COUNTY agrees
to reimburse 50% of the Fixed Contract Price to DEVELOPER in monthly_installments as
follows: DEVELOPER presents COUNTY with an invoice, approved by DEVELOPER,
from the Engineer, contractor or other third party performing the design and construction
work. All requests for payment under this agreement shall be governed by the Florida Prompt
Payment Act, FS 218.70 et. seq.
5. MISCELLANEOUS:
A. In the event of any litigation arising out of this Agreement, both parties shall bear
their own attorney fees and costs.
B. 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.
C. This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their successors,•and assigns.
D. 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.
E. 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.
F. 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
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This document prepared by and return to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960
11/8/04wcg(PWD)jwd
for or against any party by reason of the physical preparation of this Agreement.
G. 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.
H. 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.
L 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.
J. 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.
K. The words herein and hereof and words of similar import, without reference to any
particular section or subdivision of this Agreement, refer to this Agreementasa whole
rather than to any particular section or subdivision hereof.
L. 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.
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This document.brepared by and return to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960
11/8/04wcg(PWD)jwd
6. INSURANCE AND INDEMNIFICATION: During the performance of any construction
in COUNTY or Indian River Farms Water Control District right-of-way covered by this
Agreement, the DEVELOPER shall provide the COUNTY with evidence that the
DEVELOPER's Contractor has obtained and maintains the insurance listed in the
Agreement.
A. DEVELOPER' s Contractor shall procure and maintain for the duration of all construction
contracts, insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the work hereunder by the
DEVELOPER, his agents, representatives, employees or sub -contractors.
B. Minimum Scope of Insurance:
1. Worker's Compensation as required by the State of Florida. Employers Liability of
$100,000 each accident, $500,000 disease policy lirnit, and $100,000 disease each
employee.
2. General Liability $1,000,000 combined single limit per accident for bodily injury and
property damage. County shall be an additional insured. Auto Liability $1,000,000
combined single limit per accident for bodily injury and property damage for owned
and non -owned vehicles. County shall be an additional insured.
3. Professional Liability Insurance providing coverage for intentional, reckless or
negligent acts, errors, or omissions committed or alleged to have been committed
by DEVELOPER's Engineer with a limit of $500,000 per claim/annual aggregate.
There shall be no more than $5,000 deductible per claim amount unless approved by
the County Risk Manager.
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This document prepared by and return to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fi. 32960
11/8/04wcg(PWD)jwd
C. Any deductibles or self-insured retentions greater than $5,000 must be approved by the
Risk Manager for Indian River County with the ultimate responsibility for same going to
the DEVELOPER.
D. DEVELOPER'S insurance coverage shall be primary.
E. All above insurance policies shall be placed with insurers with a Best's rating of no less
that A + VII. The insurer chosen shall also be licensed to do business in Florida.
F. The insurance policies procured shall be per occurrence policies or as generally available
on the open insurance market.
G. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage
to the Indian River County Risk Management Department prior to the execution of this
Contract.
H. The insurance companies selected shall send written verification to the Indian River
County Risk Management Department that they will provide 30 days written notice to
the Indian River County Department of Risk Management of its intent to cancel or
terminate said policies of insurance.
I. A written safety inspection plan must be submitted to the Indian River County Risk
Management Department for --approval prior to the =signing -of the contract:
J. DEVELOPER shall include in all sub -contracts for sub -contractors the above insurance
requirement or show them as insured under its policies or shall furnish separate
certificates and endorsements for each sub -contractor. All coverages for sub -contractors
shall be subject to all of the requirements stated herein.
K. Up to $1 million, DEVELOPER hereby agrees to indemnify Indian River County and
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This document prepared by and return to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960
11/8/04wcg(PWD)jwd
Representatives thereof from all clRims arising solely from intentional, reckless or
negligent acts, errors or omissions of the DEVELOPER or DEVELOPERS'
REPRESENTATIVES in the performance of Services under this agreement and for
which DEVELOPER is legally liable.
L. Notwithstanding anything in this Agreement to the contrary, or at law or otherwise,
whether in tort, indemnity, or other theory or liability, neither party shall be, in any way,
liable for any consequential, indirect, punitive or special losses, injury or damages of any
character, including but not limited to, claims for loss of profit, revenue or capital, loss
of use of utilities, equipment or facilities, down-time cost, or service interruption.
[THE REMAINDER FO THIS PAGE LEFT BLANK INTENTIONALLY]
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This document prepared by and return to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960
11/8/04wcg(PWD)jwd
IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents
to be executed in their names, the day and year first above written.
SEGOVIA LAKES LLC BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:PINE BAY HOLDINGS LLC,
as Managing Member of Segovia
Lakes LLC
BY:
Thomas S. Lowther ,Chairman
BCC Approved: 01/04/2005
By: PINE BAY DEVELOPERS LLC,
as Managing Member of Pine Bay By
Holdings LLC J o shi r d County Administrator
Attes .cc.:( -7.
By:
By:
Enrique"J. Aguerfevere
Man. ger
id
David R. G
Manager
WITNES S :
WITNESS:
(Corporate se
ceptable in.I,�1ace of witnesses)
`County_ Attorney. •
(Approved as to Form and Legal Sufficiency)
11) Jeffrey K. Barton
Clerk of Court
Indian River County
Approved
Date
Administration
Budget
`
!! 11*i
Co. Atty
/4 �r
1
l zi. /o /
Risk Management/1/3070
Public Works
ci
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This documenf prepared by and retum to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960
EXHIBIT "A"
LEGAL DESCRIPTION
11/8/04wcg(PWD)jwd
THE FOLLOWING PARCELS OF LAND, SITUATE IN
PORTIONS OF SECTION 5 AND 8, TOWNSHIP 33 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A: BEGINNING AT THE SOUTHWEST CORNER OF
THE SOUTHEAST . QUARTER OF THE SOUTHEAST QUARTER
OF SAID SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39
EAST, THENCE NORTH TO THE SOUTH RIGHT-OF—WAY
LINE OF THE MAIN CANAL OF THE /NDA/N RIVER FARMS
COMPANY; THENCE EASTERLY ALONG THE SAID CANAL
RIGHT—OF—WAY .LINE TO THE WEST RIGHT—OF—WAY LINE
OF CANAL OF THE SAID INDIAN RIVER FARMS COMPANY,
KNOWN AND PLATTED AS LATERAL. 'B'; THENCE SOUTH
ALONG THE RIGHT—OF—WAY OF THE SAID LATERAL 'B' •
TO THE SECTION LINE DIVIDING SECTION 5 AND SECTION
8; THENCE WEST TO THE POINT OF BEGINNING;
LESS AND EXCEPT THE WEST 56 FEET OF THE EAST
136FEET OF THE SOUTHEAST Y4 OF SECTION 5,
TOWNSHIP 33,SOUTH, RANGE 39 EAST LYING SOUTH OF
THE MIAN CANAL, ACCORDING TO THE LAST GENERAL
PLAT OF THE LANDS OF THE INDIAN RIVER FARMS
COMPANY RECORDED IN. PLAT BOOK 2, PAGE 25, OF
THE PUBLIC RECORDS OF ST. LUC/E COUNTY FLORIDA,
FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE. SOUTHEAST CORNER OF SECTION 5
AND RUN ALONG THE SECTION .LINE NORTH 69'57'17"
WEST A DISTANCE OF 56 FEET: TO A POINT. THEN RUN
NORTH 00'17'45" EAST A DISTANCE OF 674.01 FEET TO
A POINT IN THE SOUTH RIGHT—OF—WAY LINE OF THE
MAIN CANAL. THEN RUN ALONG THE SOUTH
RIGHT—OF—WAY OF THE CANAL, NORTH 69'36'11" EAST,
A DISTANCE OF 59.86 FEET TO A POINT LYING 80 FEET
WEST OF AND NORMAL TO THE EAST LINE OF SECTION
5. THEN RUN SOUTH 00'17'45" WEST A DISTANCE OF
694.92 FEET TO THE POINT OF BEG/NNN/NG.
PARCEL B: THEN NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39 EAST.
LESS AND EXCEPT THE WEST 56 FEET OF THE EAST
136.._FEET OF THE NORTHEAST Y4 OF .THE . NORTHEAST .Y4
OF SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39 "EAST, _
ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS
OF THE INDIAN RIVER FARMS COMPANY RECORDED IN
PLAT BOOK,.. 2, PAGE 25 OF THE PUBLIC RECORDS OF
ST. LUCIE COUNTY, FLORIDA FURTHER DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 8
AND RUN ALONG THE SECTION LINE NORTH 89'57'17"
WEST A DISTANCE. OF 80 FEET TO THE POINT OF
BEGINNING. THEN CONTINUE NORTH 89'57'17" WEST A
DISTANCE OF 56 FEET TO A POINT THE RUN SOUTH
00'29'24" WEST A DISTANCE OF 676.58 FEET TO A
POINT.. THEN RUN SOUTH 89'57'16" EAST A DISTANCE
OF 56 FEET TO A POINT. THEN RUN NORTH 00'29'24"
EAST A DISTANCE OF 676.58 FEET TO THE POINT OF
BEGINNING.
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This document prepared by and return to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960.,
TXIIIBIT "B"
RIGHT-OF-WAY
LEGAL DESCRIPTION
ORAPHIC SCALE
0 90 1 0 ' 200
(IN FEED 1 Inohd100 ft.
sffu,OH L(NE — _
Notes,
This Io nota survey.
2:. ReproduotIone of (hie 'ketch
are not valid uniees It bears
: the elgnature and original raised .
seal of a Florida licensed
Surveyor ee Mapper.
•3, Bearings shown are for informational
purposes, based on survey by thle
firm, 10/25/04. Desiring reference:
Stats plane eoorde, NAD 53/00.
4. Thle deecrlptlan originated by ihle
eurveyor as requested by the client.
•
PROP() 5.1-0 SEOnVIA LAIICS 1/11
Described Parodi
(HATCHED)
5300 SQ, FT.
aovR1
Cir RiE wrx /4 ' rzH +7(shP. 3e SU.. RGE .3L
-599'57'38"W
150.00'
170'
11/8/04tvcg(PWD)jwd
136'
)rY.
20'
rz
306'
138'
d
BO'
lath ST
158,00'
1329,65' ..
NOT 3ODOIVIDED
178Ao'
Description
The East. 2D feet of the West 170 feet of the East 308 feet u1 the South 285 feet of
the North 1/2 of tho Northeast 1/4 of the Northeast 1/4 of Section 8, Township 33
South, Range 39 'East, Indian River County, Florida.
Sketch of Description
Segovia Lakes
William B. Zentz & Aaeocliates,'Inc.
Profa&skvnal 5'isVe}rotra eiMsppara
CE1T11F1CAIE or ADnwltziUnott (Le) Ho. sue
864 OId,Dlxie Highway
Vero Beach, FI 32962
Phone: (772) 587-7552
Fox : (772) 567-1751
f fr:
II7tUWe. f
REGISTERED ,.
STAIP.OF 1108 •�
12
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1 t LL' A4.
P
It CS
113. 8876
JOEL H0.
106-051
DATE
11/4/04
SKEET OF
1 1
This document prepared by and return to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960
1 V9/04wcg(PWD)Iwd
COMPOSITE EXHIBIT I'C"
c-1
DEVELOPER'S PARCEL / LEGAL DESCRIPTION
•
N69'21'32"E
21.38'
wp,IN44 °F 0
sod a0
1114 5
GRAPHIC SCALE
100 200 400 20'--
3
ur
iord wF.ST UNE OF S.E.' 1/4 OF S.E I/4
o � ' SECTION 5, 111.r. 33 'S, RGE .39 E.cn
1 inch = 200 ft, ( IN FEET ).
Described Parcel
(HATCHED)
21,670,. SQ. FT, ±
iV
O
Z
•
SECTION LINE
NBNB6'5431 E ---- --- 1182.53' —1
20'—•
Notes:
1. This is not a survey.
�W 2, Reproductions of this sketch
are not valid unless it . bears
1 i the signature and original raised
seal of a Florida licensed
oa • Surveyor & Mapper.
wi 3. Bearings shown are. for Informational
td" purposes, ,based on survey by this
firm. 10/25/04. gearing reference:
L.
State plane coords, NAD 83/90.
-4. This description originated by this
,i'a surveyor as requested by the clieht.
P
`,„I ! SOUTH LINE THE NORTH 1/2 OF ME 1/4 OF N.E. 1/4
i SECIION 8, 711P: 33 S., RGE .39 E
n
m
156'
N lI
ei
iV N
O'
p. iv
Z 1 r-
. lo -
136' 12
1
® I • @rear sr.
j\ 13`6.00' 1 --V
I O O
8 9
.
d- 135' n
158'
a'
'F
110
170.00'
N89'57'38"E
N88'57'38"E
N 0 T
1022.65' .
SUBDIVIDED
Description -
136.00' -1)
4
The West 20 feet of the East 156 feet of the Southeast 1/4 of the Southeast 1/4 of Section 5, Township
33 South, Range 39 East, Indian River. County, Florida, lying South of the Main. Canal (300' right-of-way
TOGETHER .WITH '
The West .20 feet of the East 158 feet of the North 1/2 Northeast 1/4of the Northeast 1/4 of Section 8,. .
Township 33 South,; .Range` 39 .East; Indian River County, Florida, LESS AND EXCEPT the West 170 feet of
the East 306 feet of the South 265 feet thereof.
Sketch ofl !esOrlption
William B. Zentz do Associates, Inc.
ProfeesionalSurveyors&Mappers
,CERTIFICATE OF AUTHORIZATION (ID) No. 6840
684 Old Dixie Highway
Vero Beach, FI 32962
Phone: (772) 567-7552
Fax : (772) 567-1751
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Segovia Lakes
WILLIAM B. 757111
REGISTERED LAND
STATE OF FLORID.
'OR No. 5276
. JOB No.
106-051
DATE
10/27/04
SHEET of
1 1
This document prepared by and rehum to:
Indian River County
Public Works Department
1840 25i1' Street
' Vero Beach, PI, 32960
M3OIN WP
R\G�t� 0 69 2t
11IWu wegtr wu))wu
COMPOSITE EXIIIBIT T'C"
C-2
DEVELOPER'S PARCEL / LEGAL DESCRIPTION
Described Parcel
(HATCIIED)
45,651 SQ. F.T. ±
R=1 25.00'— ,
1=21'00'00"
L=45.61'
CHD=45.56'
C.B.=1410'32'27"E
43.46'i
8.175.00'
1.,21-00'00-
1=84,1 4'
.r21 -00'00•I:=64.14'
CHD=63.76'
C.B.=N 7032'27"E'
Cc!
M
Na0 a2'27"E
156.00' �.
KINGS HIGHWAY
• Z
•
ZJ 2. Reproductions of this sketch
are not valid unless a bears
`,C the signature and original raised
V seal of o Florida licensed
Surveyor k Mapper.
. o 3. Beorings shown are based on o
1m - survey by this firm, 10/25/04.
Bearing reference: •
State plane coords, NAD 83/90.
Legend
P.O.C.= POINT OF COMMENCEMENT
P.0.13.- POINT OF BEGINNING
R = RADIUS
A – CENTRAL ANGLE
L = ARC LENGTH
CHD = CHORD
. C.B. a, CHORD BEARING
P.C. = POINT OF CURVATURE
P.T. – POINT OF TANGENCY
•
Notes:
1. ibis Is nof. o survey.
4. This description .originated by this
surveyor as requested by the client.
GRAPHIC SCALE
n
N D 5D 100 200
!_
b
z
60' 80'
SEC11ON UNE.
89.50'
56.00' ; 80.00'
BEARING BASIS;
969'54'3i"W 156.00'
589'51'31("p,�
�l O
Description
(IN FEET)
1 inch=10011
S.E. CORNER SET;)IQN 5,
TIIP. 33 501)71( ROE. 39 .EAST
16th 5T.
P.O.B.
A parcel of land lying In the Southeast 1/4 of the Southeast 1/4 of Section 5, 'Township 33 South, Range 39 East, Indian
River County, Fidrida, lying South of the Main Canal (300' right–of-wdy), being more particularly described. as follows: .
COMMENCING,at; the , Southeast comer of said Section 5, proceed South 89' 54' 31"'•West along the South line of said
Section 5 o-distaricb of 156.00 feet to'the `POINT OF ,BEGINNING; thence -continue-South 89' 54'-31"-West-alorie..sald
Section Iihe, a distance of 89.50 feet; thence deporting sold line, North 00' 02' 27'• East, parallel to the East line of
sold Section 5, d distance of 122.05 feet to the point of curvature (p.c.) of a curve concave Southeasterly, having a radius
of 175.00 feet; 'thence proceed Northeasterly along the arc, of said curve, through a central angle of 21' 00' 00", a
distance of 64,14 feet to the -paint of tangency (p.t.) of saicurve; thence North 21' 02' •27" East a distance of 43.46
feet to the p.c. of a curve concave Northwesterly, having o radius of 125.00 feet: thence proceed• Northeasterly eking •the
arc of said Curve, through a Central angle of 2V 00' 00", a distance of 45.81 .feet to the p,t. of said culve; thence
Horth 00' 02' 27' East, parallel to said East line of Section 5, a distance of 297.33 feet; thence North 56' 22' 11" West
a distance of 93.11 feet 'to a point on the South right–of-“Way of the Main Canal; thence North 69' '21' 32" East a
distance of 142.50 feet to a paint being 156.00 feet West of said East line of Section 5, when measured, at right angles
thereto; thence South 00' 02'. 27" West, parallel to said East line of Section 5, a distance of 866.35 feet .to the POINT
OF 8E0114141140. ,
Containing an area or 45,651 square feet, more or less.
Sketch of Description
William B Zentz & Associates, Inc.
Professional Surveyors&Mappers
CERTIFICATE OF ALTMORIZA110I1 (LB) no. BEM
684 Old Dixie Highway
Vero Beach, Fl 32962
Phone: (772) 567=7552
Fox : (772) 567-4.751
$eegovla Lakes.,_
106-051
67111481 B. ZEN
RECCISIE72EO L4
5T4IE OF FLO
1.3 (a)
•l I.'lanning & Zoning\AGUIRRL'VERL, ENRIQUE\FINAL Developer's Agreement 11 08 04.doc
i9•E)VR No. 5276
10/28/04
SHEET .OF
1' 1
This document prepared by and return to:
Indian RivetCounty
Public Works Department
184025'1' Street
Vero Beach, PI.32960
EXHIBIT "Drr
COUNTY P.AR l314FGl';1L;DES,0 1pTION
11/8/04wcg(PWD)jwd
GRAPHIC SCALE,
0 50 .100 . 200
SECTION LINE:
1411.42111
(OEI FEET) 1 inch -100 ft.
Notes:
1. This is not ❑ survey.
2. Reproductions of this sketch
are riot valid unless it bears
the signature and original raised
seal of a Florida licensed
Surveyor & Mapper.
3. Bearings shown are for informational
purposes, based on survey by this
Win, 10/25/04. Bearing reference:
State plane coords, 1.140 83/90.
4. This description originated by this
surveyor os requested . by the client.
PROPOSEAD SERO vIA
LAKES
rn
•r
pb
N
S69'57 3B'W
150.00'
150'
SOUTH LINE OF THE NORM 1/2 OF TILE N.E 1/4 150.00'
OF INE NE 1/4 SECTION B, THP. 33 S., RCC J9 E
S89'57'38"W . 1326.65
N 0 T S U B D I V I D E.D
136'
r)
sl .
136'
-1
306'
16th ST.
80'
Description
136.00'
b
O•
to
The West 150 feet of the. East 306 feet of the South 265 feet 'of the North 1/2 of
the Northeast 1/4 of the Northeast 1/4 of Section 8, Township 33 South, Range 39 East,
Indian River bounty,•
Florida.
Sketch ofCescrl�l®rt i Segovia Lakes
WilliaM B. Zehtz & Associates, Inc.
Profesalonel sunfeyors&Ma ei8
CERT1FIG9E OF ALITHORIZAT1014 (Ib) No. OB40
684 Old Dixie Highway
Vero Beach, FI 32902
Phone: (772) 567-7552
Fox : (772) 567-1751
14
WILLIW B. ZEIJTZ,
REGIS -1'07 ?l .01:I
STATE OF FcnN
=ra
1:\Flanning & ZoninglAGUERREVBRE, NNIUQUEWINAL Developer's Agreement 11 08 04 .doe
OF
EXHIBIT 'E"
Cost to Pave, design, permit and relocate Atlantic Boulevard from Segovia Lakes west
property line to 58th Avenue:
1500 LF X $150/LF = $225,000
This document prepared by and return to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960
11/9/04wcg(PWD)jwd
AGREEMENT TO EXCHANGE REAL ESTATE
/ ® L/ -
THIS
/ -
THIS AGREEMENT, entered. this 4.thi day Jany Lary 2005 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 and SEGOVIA. LAKES LLC, 2655
LeJeune Road, Suite 802, Coral Gables, Florida 33134, Attn: David R. Garcia, hereafter called
DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER is in the process of developing a residential community to be
known as Segovia Lakes Planned Development (Indian River County Project Number 2002050008);
and;
WHEREAS, the COUNTY and DEVELOPER have entered into a Developer's Agreement
with respect to right- of -way acquisition, roadway, and drainage improvements for 58th Avenue and
16th Street (Atlantic Blvd.), and;
WHEREAS, the Developer's Agreement specifies that the COUNTY and DEVELOPER
will exchange with each other certain real estate as described herein;
NOW, THEREFORE, for and in consideration of the mutual terms, conditions, promises,
covenants and premises stated herein, the COUNTY and DEVELOPER hereby agree as follows:
1. Recitals: The foregoing recitals are incorporated as if fully restated herein.
2. Developer to County: At closing, pursuant to the terms and conditions stated herein,
DEVELOPER will convey to COUNTY that certain real property shown and described on
- composite Exhibit `C", consisting of Exhibit ."C-1" and Exhibit "C-2", attached hereto and
made a part hereof.
3. Closing: At closing, and pursuant to the terms and conditions stated herein, COUNTY will
convey to DEVELOPER that certain real estate shown and described on Exhibit "D",
attached hereto and made a part hereof.
4. Parcel to be Conveyed: The parcel to be conveyed by the DEVELOPER to the COUNTY is
larger than the parcel to be conveyed by the COUNTY to the DEVELOPER by 27,570 sq. ft.
J:\Planning & Zoning\AGUERREVERE, ENRIQUE\Agreernent to Exchange Real Property 11 08 04.wpd.doc
This document prepared by and return to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960
11/9/04wcg(PWD)jwd
Therefore, at closing, the COUNTY shall pay to the DEVELOPER $ 4 0 , 8 0. 1 0
by locally drawn certified check, cashier's check or wire transfer.
5. Conveyance: Conveyance shall be made by statutory Warranty Deed, or by County Deed, as
appropriate.
6.. Evidence of Title: Each party will be responsible to provide its .own title insurance at its
own expense as to the property it acquires.
7. Costs: Other than title insurance, each party shall bear its own costs, including documentary
stamps and recording fees, if any.
8. Closing Date: This transaction will be closed on or before the thirtieth day following
execution of the Developer' s Agreement and this Agreement by Indian River County, but not
later than January 31, 2005, unless extended in writing by the parties.
9. Property Condition: COUNTY and DEVELOPER acknowledge and agree that each will
take title to the property in its present condition, "as is, where is, and with all faults".
10. Brokers: Neither COUNTY nor DEVELOPER has utilized the services of any brokers or
Licensed real estate professionals concerning this transaction.
11. Attorney's Fees and Costs: If any dispute arises under the terms of this Agreement, the
prevailing party shall be entitled to recover attorney's fees and costs from the party not
prevailing.
12:- Default: In the event this transaction is not closed due to the default or failure on the part of
either party to perform under the terms and conditions herein, the other party may seek
specific performance, damages, or both.
13. Waiver of Jury Trial: In the event of a dispute arising hereunder, COUNTY and
2
is\Planning & Zoning\AGUERREVERE, ENRIQUE\Agreement to Exchange Real Property 11 OR 04.wpd.doc
This document prepared by and return to:
Indian River County
Public Works Department
1840 25th Street
Vero Beach, Fl. 32960
11/9/04wcg(PWD)jwd
DEVELOPER hereby waive their right to a trial by jury, and agree to proceed to a trial by
judge.
SEGOVIA LAKES LLC
By: PINE BAY HOLDINGS LLC,
as Managing Member of Segovia
Lakes LLCM
By.�ti`
Enrigl'ie J. A.guerrevere
Manager
By:
• Manager
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Thomas S. Lowther
BCC Approved:
By:
/ Chairman
01/04/2005
\,t)cw-\
eph A. Baird, County Administrato
At/test
? Jeffrey K. Barton
Clerk of 'Court
County'Attorney
(Approved as to Form and Legal
Sufficiency)
3
J:\Planning & Zoning\AGUERREVERE, ENRIQUE\Agreement to Exchange Real Property 11 08 04.wpd.doc
This document prepared by aird return to:
Indian River County
, Public Works Department
1840 25"' Street
Vero Beach, FI. 32960
11/8/04weg(PWD)jwd 1
COMPOSITE EXHMBIT "C"
C-1
DEVELOPER PARCEL/LEGAL DESCRIPTION
Mp3t4 of
30I3
101.
N6971'32"E
21;38'
t r
'�
-11
GRAPHIC SCALE ' 156'
20'
N s .
A
M ro WEST UNE OF S.E. l/4 Of $ E 1/4
S5t77Q11 5, 11rP. 33 S., ROE 39 E
100 200 400
1 Inch - 200. ft. ( IN FEET )
N
In •
fW •
P
g
Described Parcel f 136' Z
(HATCHED) , . 1
21,670 sa. FT. ± "y 0 I 0
SECTION -UNE _ _ , +{') tsth sr
-1
---}1-9754'31 --�--------- 1182.53 �_ -
)1""
178.8r [\ 9
20'—: 0
® ,
Notes: M'
1. This is not a survey. =r 'r, 136' F
2. Reproductions of this sketch 3 i • 156' ti;
are not valid Uhle93 it bears
the signature and original raised * 1 3 • 0,
seal of a Florida licensed • ' 1
Surveyor & Mapper. / Al �'
Imo.
S89'57'3e'W t7 r' ` I
3. Bearings shown are for informational i
purposed; boxed' on survey by this. . 20:00'
firm, 10/25/04. Bepring reference: /
tum
I
laJ 1
State plane coords, WAD 83/90, sesrsl'sav7 ea! 2 'eo'
4. Ms description originated by this 170.09' q=
surveyor as requested by the client, t
b-
308 '
SOUTH IJNE TUE NORM 1/.P Of IME 1/4 or ME 1/4 7-
SEoTION s, nrr. .33 5.. 170E 39 E
N89 57'38"E 1022.85'
•
•
170.00' 136,p0'
1489'57'38'E
11 0 T 5(180? V 1 0 6 0
Description
1328,65'
The West 20 feet of the East 156 feet of the Southeast 1/4 of the Southeast 1/4 of Section. 5,Townshi .
33 South, Range 39 East, Indian River County, Florida,' 'lying South of the Main Canal (300• right—of —woy)P
TOGETHER WITH
The West 20 feet of the East 156 feet of the North 1/2 Northeast .1/4 of the Northeast 1/4 of Section 8,
Township 33 South, Range 39 East, Indian River County, Florida, LESS AND EXCEPT the. West 170 feet of
the East 306 feet of the South 265 feet thereof.
Sketch of De8prlpt�gn + Ogovla Lakes
William B. Zentz_ ao ,Associates, Inc.
Professlartel Sfa-veyors&Mappers
CE3it1FlC.11E OF A.UIHORIZk11011 (Le) tie, 6640
'.; 684 Old Dixie Highway
Vero 6eoch, F1 .32962
Phone: (772) 567-7552
Fox : (772) 567-1751
.10P No.
106-05f
CNIE
10/27/04
4
J:U'lanning & Zonuig\ADUERREVERE, ENIUQUEIF114AL Developer's Agreement I1 08 04.doe
This docutnent prepm'ed by And return to:
Indian River County
Public Works Department
1840 256 Street
Vero Beech, F1. 32960
N.
Described Parcel
(HATCHED)
45,651 50. FT. ±
R=125.00'
3=21'00'00"
L=45.81'
Cl1D=45.56'
C.B.=N10'32'27"E
1121'02'27"E
43.46'
R=175-00' —�
.21.00'00"
L=64.14'
CH0=63.78'
C.6.=1110'32'27"E
a;
tD
20
COMPOSITE EXHIBIT ",C" .
C -Z _
\-21.38'
a)
N
N .
0
0
0
z
56'
156.00'
KINGS HIGHWAY
4.1
80'
co
N
SEC770N LINE
.N00'02'27"E
J 2. Reproductions of this sketch
Z are net valid unless It bears
the signature' and original raised
V seal of a Florida licensed
Surveyor & Mapper.
11/8l04wcg(PWD)iwd
Legend:
P.0_0.= POINT OF COMMENCEMENT
P.O.B.= POINT OF BEGINNING
R = RADIUS
D = CENTRAL ANGLE •
L = ARC LENGTH
CHD =• CHORD
. C.B. - CHORD BEARING.
P.C: = POINT OF CURVATURE
P.T. = POINT OF TANGENCY
Notes:
1. This is not n survey.
s. 3. Bearings shown are based on a
P survey by this firm, 10/25/04.
Bearing reference:
State plane words, NAD 83/90.
J 4. This description originated by this
surveyor as requested by the client.
80'
BARING R4SIS
)56.00' 80.00'
156.00'
589'5i'31"8 O
Description
GRAPHIC SCALE
50 100 200
(1N FEET)
1 inch=100 ft_
P.C.C.
SE. CORNER SECTION 5,
7116' 33 SOUTH, RGE. 39 FAST
16th 51:
A parcel of land Tying in the Southeast 1/4 of the Southeast 1/4 of Section 5, Township 33 South, .Range '39 East, Indian
River County, Florida, -lying South of the Main Canal (300' right-of-wdy), being more particularly described. as follows:
COMMENCING at the Southeast corner of said Section 5, proceed. South 89' 54' 31 West along the South line of said
Section 5 a distance of 156.0D feet to the POINT OF BEGINNING; thence continue South 89' 54' 31" West along said
Section line, a distance of 89.50 feet; thence departing said line, North 00' 02' 27" Eost, parallel to the East line of
said Section 5, a distance of 122.05 feet to the point of curvature (p.c.) of a curve concave Southeasterly, having a radius
of 175.00 feet; thence proceed Northeasterly along the are -ofsaid curve, through a central angle of 21' 00' 00", a
distance of 64.14 feet to the point of tangency (p.t.) of said curve; thence North 21' 02' 27" East a distance of 43.46
feet to the p.c. of a curve concave Northwesterly, having oradius of 125.00 feet; thence proceed Northeasterly along the
arc of said curve, .tl�sough a central angle 'of 21". 00' 00" , o distance of 45.61 feet to the p.t. of said curve- • thence
North 00' 02' 27" •East, parallel to said East. line of Section 5, a distance of 297.33 feet; thence North 58' 22' 11"West
o distance of 93.11 feet 'to a point on the South right-of-wdy of the Main Canal;' thence North 69' 21' 32" East'a
distance of 142.50 feet td a point' being 156:00 feet West of .sold Eost line of Section 5; when measured at right angles
thereto; thence South 00' 02' 27" West, parallel to said East line of Section 5, a distance of 666.35 feet to the POINT
OF BEGINNING.
Containing an area of 45,651 square feet, more or less:••
Sketch of Description Segovia Lakes.
William B. Zentz & Associates, Inc.
Professional Surveyors&Mappers
GERTIHCATE Or AUT11aRIZATIDN (LB) fio. 9840
684 Old. Dixie Highway
Vero beach, FI 32962
Phone: (772) 567-7552
Fox : (772) 567-4.751
Y
WILLMM a ZEN ✓
REGI5TERED rA ' 5 '' "R No. 5276
STAR_ 0r no: rA
,106 No_
106-051
114 TE
10/28/04
SNEET OF
t 1
This document prepared by and return to:
Indian River County
Public Works Department
• 1840 258' Street
Vero Beach, Pl. 32960
SECTION LINE:
E,X}IIBIT "Dl'
COUNTY PAR Lmcw„, .. CJ
GRAPHIC SCALE.
50 100 . 200
(11.1 KEEP) 1 .inch -•100 ft.
Notes:
1. This is not a survey. .
2. Reproductions of this sketch
' arp not valid unless it bears
the signature and original raised
seal of o. Florida licensed
Surveyor & Mapper.
3, Bearings shown are for informational
purposes, based on survey by this
Win, 10/25/04. Bearing reference:
State plane coords, HAD 83/90.
4. This description originated by this
suiveyor as requested by the client.
PROPOSED SEGOVIA LAKES 5 / 0
1IMAM wcg(I' WL 11wa
PTION
SB9' '3B"W •
150.00'
.17
O
8
sown UNE OF THE NOR11 1/2 OF 14E 1LE 1/4
of 714E NE. 1/4 SECTION 8, TV. 33 S, ROE 39 E
150.00'
N O T SLIGOIVIDEV
Description
136.00'
•TI1e West •150 feet of, the. East 306 feet of the 'South 265 feet 'of the North 1/2 of
the Northeast ;1/4 of. the Nodileost 1/4 of Section 6, Township 33 South, Range 39 East;
Indian River. County, Florida.
Sketch oi', [ae?crlpUlori • (S tgcvle Lakes
William B. Zehtz Sc Associates, Inc.
Prefeealwlal SufYayors&Mapern
CERT1rICATE OF AUTIhORIZA11OH (Le) Ho. 6840
684 Old Dixie Highway
Vero Beach: FI 329$2
Phone: (772) 567-7552
Fo : (772) 507-1751
14
]:\Planning R Zoning\AOUER.RIiVERE, EWIUQUB.\PINAI. DeveInpets Agreement 11 0H 04.doc
WILLIAM e. ZEUTZ,
REGISTSRLO • lJ ,
STATE -SF Ft1r,Irz
MR No. 5276
4108 No.
106-051*•
tl4TE
10/27/04
SHEET OF
1 1