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Home My WebLink About2015-016 Y d i Jao� ao�5 DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY,FLORIDA $ 3 AND do 15'-0 I lr FAMILY DOLLAR STORES, INC. THIS AGREEMENT, entered this 20th day of January , 2015, by and between INDIAN RIVER COUNTY,FLORIDA a political subdivision of the State of Florida, 180127th Street, Vero Beach, Florida, 32960 hereafter called COUNTY and HUTTON GROWTH ONE, LLC, a Tennessee Limited Liability Company,736 Cherry Street,Chattanooga,TN 37402,Telephone No.423- 643-9202, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS,the DEVELOPER has been approved to construct a new Family Dollar Store on the south side of 45th Street immediately east of 43`d Avenue. The site is located at 4490 43`d Avenue,Vero Beach,FL. The Indian River County Project Number is 2005080302,the legal description is attached as Exhibit"A"and incorporated herein by reference; and WHEREAS,the DEVELOPER is required to install 54 feet of culvert pipe and fill in a portion of the drainage ditch belonging to the Indian River Farms Water Control District; and WHEREAS,the culvert pipe installation will leave a 190-foot gap of open drainage ditch between 43`d Avenue and the Family Dollar Store driveway, a gap which the County also intends to fill with a culvert pipe; and WHEREAS,the COUNTY and DEVELOPER share mutual concerns with respect to the drainage ditch improvements along 45th Street; and WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will combine the two culvert pipe projects into one single project; 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 $30,000 within 30 days of the execution of this agreement, or prior to issuance of a Certificate of Operation for the new Family Dollar Store, whichever occurs earlier, as a contribution for construction of the drainage ditch improvements along 45th Street. 3. The COUNTY shall be responsible for all construction and construction coordination including advertisement for bids, contractor selection, construction, surveying and construction inspection. FA\Public WorksTuanne M\Agreement Docs\Developer's Agreements\Fa 1 ily Dollar Stores Developer Agreement.doc .L • r 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. HUTTON GROWTH ONE, LLC BOARD OF COUNTY COMMISSIONERS A Tennessee Limited Liability Company INDIAN RIVER COUNTY, FLORIDA BY: WITNESS: WITNESS: (Corporate seal is cceptae n place of witnesses) County Attorney (Approved as to form and legal sufficiency) B Wesley S. Davis, Chairman BCC Approved: January 20, 201 5 Approved: Baird, County Administrator Vis.; f.:, , �y2 1 *= F:\Public Works\Luanne M\Agreement Docs\Developer's Agreements\Family Dollar Stores Developer Agreement.doc 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 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. F:\Public Works\Luanne M\Agreement Docs\Developer's Agreements\Family Dollar Stores Developer Agreement.doc t 1. DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND FAMILY DOLLAR STORES, INC. THIS AGREEMENT, entered this 20th day of January , 2015, by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida, 32960 hereafter called COUNTY and HUTTON GROWTH ONE, LLC, a Tennessee Limited Liability Company, 736 Cherry Street, Chattanooga, TN 37402, Telephone No. 423- 643-9202, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has been approved to construct a new Family Dollar Store on the south side of 45th Street immediately east of 43rd Avenue. The site is located at 4490 43rd Avenue, Vero Beach, FL. The Indian River County Project Number is 2005080302, the legal description is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, the DEVELOPER is required to install 54 feet of culvert pipe and fill in a portion of the drainage ditch belonging to the Indian River Farms Water Control District; and WHEREAS, the culvert pipe installation will leave a 190 -foot gap of open drainage ditch between 43rd Avenue and the Family Dollar Store driveway, a gap which the County also intends to fill with a culvert pipe; and WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to the drainage ditch improvements along 45th Street; and WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will combine the two culvert pipe projects into one single project; 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 $30,000 within 30 days of the execution of this agreement, or prior to issuance of a Certificate of Operation for the new Family Dollar Store, whichever occurs earlier, as a contribution for construction of the drainage ditch improvements along 45th Street. 3. The COUNTY shall be responsible for all construction and construction coordination including ' advertisement for bids, contractor selection, construction, surveying and construction inspection. F:\Public Works\Luanne M\Agreement Docs\Developer's Agreements\Fa 1 ily Dollar Stores Developer Agreement.doc 4. In the event of any litigation arising out of this Agreement, each parry 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 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. F:Tublic Works\Luanne M\Agreement Docs\Developer's AgreementsTamily Dollar Stores Developer Agreement.doc 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. HUTTON GROWTH ONE, LLC BOARD OF COUNTY COMMISSIONERS A Tennessee Limited Liability Company INDIAN RIVER COUNTY, FLORIDA BY: J _ 131/�� /-- Geoff-�F S k� Wesley S. Davis, Chairman BCC Approved: n to v 2n,2Q1 WITNESS: Approved: WITNESS: _ — (Corporate seal is ccepta e in place of witnesses) By 0-) Baird, County Administrator st: -C, Jef Fey R. Smith, Clerk of Court and Comptroller County Attorney (Approved as to form and legal sufficiency) ��`�`FRCOUN��•'a F:Tublic WorksTuanne WAgreement Docs\Developer's AgreementsTa3ily Dollar Stores Developer Agreement.doc