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Home My WebLink About2005-191 DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND STONEYBROOK FARM GROUP, LLC FOR STONEYBROOK FARM RESIDENTIAL SUBDIVISIO THIS AGREEMENT,entered this 7th day of June _,2005, i y and between INDIAN RIVER COUNTY,FLORIDA,a political subdivision of the State of Florida, 1840 25`h Street, Vero Beach, Florida, 32960, hereafter called COUNTY, and STONEYBROOK FARM GROUP, LLC, P.O. Box 1779, Vero Beach, Florida 32961, telephone number ( 72) 567-9255, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS,the DEVELOPER has applied to build a residential subdivision to be known as STONEYBROOK FARM RESIDENTIAL SUBDIVISION on approximately 75 acr of land on the west side of 82nd Avenue,between 8`h Street and 4th Street in Indian River County,Project Number SD-04-05-17(2003110240-44726),the legal description is attached as Exhibit"A"ar d incorporated herein by reference, and; WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to improvements at the intersections of State Road 60 & 58th Avenue, and State Road 60 & 43`d Avenue, and; WHEREAS,the COUNTY is planning to make improvements to the interse tions of State Road 60& 58`h Avenue, and State Road 60 &43`d Avenue, and; WHEREAS,both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed SR 60/58'h Avenue and SR 60 43`d Avenue intersection improvements. NOW THEREFORE,in consideration of the mutual terms,conditions,promi es,covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows: 1. The above recitals are affirmed as true and correct and are thereby incorporated herein. 2. To accommodate increased traffic generated by the Stoneybrook Farm residtential subdivision, the COUNTY would be required to make improvements to the t tersection of SR 60 and 58th Avenue in the amount of$4,000,000, of which the DEVELOPER'S fair share of cost is 1.4634%or$58,536. The COUNTY would also be requ• ed to make improvements to the intersection of SR 60 and 43`d Avenue in the amount of$7,000,000, of which the DEVELOPER'S fair share of cost is 1.3998% or$97,986. The CADocuments and Settings\alana.BRACKETT\Local Settings\TemporaryInternet Files\OLK I E9\Stoneybrook Farm DevAgreem. oc 1 SnwdSoR Reprint Date:Wednesday,Jury 20,2016-14:16:23-OfficialDocvments:3618,Attachment Id 1,Page I DEVELOPER shall pay to the COUNTY the sum of$156,522 prior to issuance of a land development permit,as a contribution toward construction of the intersection improvements at SR 60/58`h Avenue and SR 60/43rd Avenue. 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 shalt 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 CADocuments and SeningAalana.BRACKETT\Local Settings\Temporazy Intemet Files\OLKIE9\StoneybrookFarmDevAgreem.doc $meadsoft Reprint Date:Wednesday,My 20,2016-14:16:24•OfficialDocuments3619,Attachment Id 1,Page 2 other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. 14. i 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. 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. STONEYBROOK FARM GROUP, LLC BOARD OF COUNTY COMMISSIONERS �. INDIAN RIVER COUNTY, FLORIDA BY: BY: Q—\'Y'L S – [REPRESENTATIVE NAME] Thomas S. Lowther, Chairman ,,n BCC Approved: June 7, 2005 WITNESS:. - u4!ka Approved: WITNES (Corporate seal is acceptable in place of witnesses) $ $Jeph444. Baird, County F1dministrator AA Jeffrey`s.' geT c of rt ounty Attorney (Approved as to form and legal sufficiency) Indian River County Approved Date Administration 3 Budget y County Attome �j Z ps Risk Management 14, 1 01,-02 G Public Works ��/` �Jv Traffic En ineeri C:\Documents and SettingsWana.BRACK ET-nLocal Settings\Temporary llntemet Files\OLK I MStoneybrookFarmDevAgreem.doc t Id Page SmeadSoft Reprint Date:Wednesday,July 20,2016-14:16:25-OfritlalDotvments:3618,Attachmen g Exhibit "A"— Legal Description TRACTS 1 AND 8, SECTION 14, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA I SmeaclSott Reprint Pate:Wednesday,luM 20,2016-14:16:26-Olficiall)c ments:3618,Attachment Id 1,Page 4