HomeMy WebLinkAbout2020-218ATHIS INSTRUMENT PREPARED BY:
Charles W. Edgar, III, Esquire
Cherry, Edgar & Smith, P.A.
8409 N. Military Trail, Suite 123
Palm Beach Gardens, Florida 33410
DEVELOPER'S AGREEMENT BETWEEN
INDIAN RIVER COUNTY
AND
GRBK GHO HIGH POINTE, LLC
THIS DEVELOPER'S AGREEMENT ("Agreement") is made and entered into this
13th day of October , 2020, by and between INDIAN RIVER COUNTY, FLORIDA, a
political subdivision of the State of Florida, 180127 111 Street, Vero Beach, FL 32960 ("County")
and GRBK GHO HIGH POINTE, LLC, a Florida limited liability company, 590 NW Mercantile
Place, Port St. Lucie, FL 34960 ("Developer").
WITNESSETH:
WHEREAS, Developer proposes to develop a single family home subdivision located on
South Winter Beach Road (65th Street) in Indian River County, Florida, to be known as "High
Pointe", on real property legally described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
WHEREAS, the County and the Developer share mutual goals and have determined that
they can assist each other with respect to certain intersection improvements described herein and
required as a condition of the County's approval of the High Pointe development;.and
WHEREAS, the County and the Developer desire to enter into this Agreement to set forth
the terms and conditions to which they have agreed with respect to the matters contained herein;
NOW, THEREFORE, for and in consideration of these premises, Ten Dollars ($10.00),
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the County and the Developer do hereby covenant, stipulate, and agree as follows:
1. Recitals: The foregoing recitals are incorporated as if fully restated herein.
2. Intersection Improvements: The Developer shall contribute to the County
Developer's share of the cost of the ultimate build -out of the following intersection
improvements (a) 58th Avenue and 491h Street: $49,480.58, representing a 1.9%
share and (b) 581h Avenue and 65th Street: $158,262.82, representing a 19.6% share.
County acknowledges that the contributions above satisfy the Developer's entire
C:\USERS\BDEBRAAL\APPDATA\LOCAL\MICROSOF'nWINDOWS\INETCACHE\CONTENT.OUTLOOK\EXQWFHBMUUGH POINT DEVELOPERS AGREEMENT 200916.DOCX
obligation with respect to off-site intersection improvements through build -out of
High Pointe, except to the extent that additional property or units may be added to
High Point in the future. The County shall not withhold any approval or permit, nor
shall it deny concurrency, because of the condition or state of any intersection in
the County as long as the Developer is in compliance with this Developer's
Agreement.
3. Miscellaneous:
A. In the event of any litigation arising out of this Agreement, the prevailing
parry shall recover attorneys' fees and costs from the non -prevailing party.
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 parties hereto. This
Agreement shall not be effective unless signed by the Developer and the
County.
E. The obligations of the Developer to this Agreement are expressly
conditioned upon the Developer's decision, at the Developer's sole
discretion, to proceed with the development of High Pointe.
F. No Building Permit, Certificate of Completion, or Certificate of Occupancy
shall be withheld or delayed by the County for High Pointe or any portion
thereof, nor shall the County delay or withhold any other required permits,
provided that the Developer is in compliance with this Agreement, all
applicable laws and regulations.
G. Except as described herein, and in the plans submitted by the Developer and
approved by the County, the County shall not require the Developer to
construct, contribute to, or share in the costs of any off-site improvements
other than the payment of impact fees.
H. 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. Time shall be of the
essence.
I. 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
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be no canon of construction for or against any party by reason of the
physical preparation of this Agreement.
J. 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.
K. The County and the Developer shall grant such further assurances and
provide such additional documents as may be reasonably 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.
M. 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.
N. The words herein and hereof and words of similar import, without
referenced 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.
O. In the event any term, conditions, 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.
(Execution Pages Follow)
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
Signed, sealed and delivered BOARD OF COUNTY CO MIS
in the presence of : INDIAN RIVER COUN , F
*ASu�san
Pri t N e: W k I dams, Chair
kf*"
Print Name:--? imberly K. Moirano
Appro By:
CA
Jason Br wn, County Administrator
Approved as to Form and Legal Sufficiency
BCC Approved: October 13, 2020
William K. DeBraal, Deputy -county Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Attest: Jeffrey R. Smith, Clerk of Court and
Comptroller
By:
Deputy Clerk
The foregoing instrument was acknowledged before me by means of ❑ physical presence or
❑ online notarization, this 19 day of November , 2020, by Susan Adams, as Chair of the Board
of County Commissioners, whg is personally known to me or who produced
as identification.
(Notary Seal QftmyKMOW
;.: MY COMMISSION / OG .'
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Print Nam imberly K. Moirano
My Commission Expires: P,r; 1 q� ao.3
My Commission #GG 321696r
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF ST. LUCIE
GRBK GHO HIGH POINTE, LLC, a
Florida limite i li ility company
By:
Wi iam . Handler, Manager
The foregoing instrument was acknowledged before me by means of /physical presence or
❑ online notarization, this � day of N o e m bCr , 2020, by William N. Handler, as Manager of
GRBK GHO High Pointe, LLC, a Florida limited liability company, who is personally known to
me or who has produced as identification. _
(Notary Seal)
Print Narhe:_k;�rj,,;� jCn —j) 1 XOI'1
°YP KR157EN DIXON My Commission Expires: U g . 2 dZ,
;tot eGn MY COMMISSION #GG115559
EXPIRES: JUN 18, 2021
Bonded through 1st State Insurance
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I
Chicago Tithe Inst mice Conipatiq Order No.: 6702862
17-11-2252
EXHIBIT "A"
PARCEL 1:
Tract 1, in the South 1/2 of Section 9, Township 32 South, Range 39 East, according to the last
general plat of lands of the Indian River Farms Company Subdivision as recorded in Plat Book 2,
page 25, of the Public Records of St. Lucie County, Florida; said land now lying and being in Indian
River County, Florida, less and except those parcels conveyed In Official Records Book 152, page
559; Official Records Book 189, page 419 and Official Records Book 540, page 691 as re-recorded
in Official Records Book 541, page 28, all of the Public Records of Indian River County, Florida,
PARCEL 2:
The West 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 10, Township 32 South, Range
39 East, less parcel described in Official Records Book 143, page 296, of the Public Records of
Indian River County, Florida; said land lying and being in Indian River County, Florida.
PARCEL 3:
The Southwest 1/4 of the Southeast 1/4 of Section 10, Township 32 South, Range 39 East, lying
West of the Florida East Coast Railroad right of way; said land lying and being in Indian River
County, Florida.
PARCEL 4. -------
The Southwest 1/4 of the Southwest 1/4 of Section 10, Township 32 South, Range 39 East, lying
East of Lateral "G" canal; said land lying and being in Indian River County, Florida.
PARCEL 5:
The Southeast 1/4 of the Southwest 1/4 of Section 10, Township 32 South, Range 39 East; said
land lying and being in Indian River County, Florida.
PARCEL 6:
Begin at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of Section 10, Township
32 South, Range 39 East and run East 469.00 feet to the West right of way of Florida East Coast
Railroad; thence run Northerly along said right of way 862.00 feet; thence run West 248.00 feet;
thence run South 825.00 feet to the Point of Beginning, all lying and being In Section 10, Township
32 South, Range 39 East, Indian River County, Florida.
PARCEL 7:
That part lying West of the Florida East Coast Railroad Right of Way of the North 5 acres of the
South 30 acres of the Northwest 1/4 of the Southeast 1/4 of Section 10, Township 32 South, Range
39 East, lying and being in Indian River County, Florida.
PARCEL 8:
That part of Tract 32, in the South 1/2 of Section 9, Township 32 South, Range 39 East, according
to the last general plat of lands of the Indian River Farms Company Subdivision, as recorded in Plat
Book 2, page 25, of the Public Records of St. Lucie County, Florida; said land now lying and being in
Indian River County, Florida, lying East of the Lateral "G" Canal.
PARCEL 9:
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; 7 of 8
Schedule B, Part l - Requirements; and Schedule B, Part it - Exceptions
C165Co9 ALTA Commitment (8/112016) (with FL
Modifications)
Order No.: 6702862
17-11-2252
Exhibit "A" continued
All that part of the Northeast 1/4 of the Southwest 1/4 of Section 10, Township 32 South, Range 39
East, lying in Indian River County, Florida, less and excepting the North 640 feet of the West 390
feet thereof,
and,
less and excepting the following described parcel: From the center of Section 10, Township 32
South, Range 39 East, run South along the center line of said Section 10, a distance of 40 feet to
the South right of way of South Winer Beach Road (State Road S-632) and point of beginning;
thence from said Point of Beginning run West on said South right of way a distance of 740.4 feet;
thence run South and parallel with the center line of said Section 10 a distance of 300 feet to the
North right of way of a railroad side tract easement; thence East along said North right of way of
the railroad side track easement 740.4 feet, more or less, to the point of intersection with said
North-South center line of Section 10; thence run North along the center line of said Section 10, a
distance of 306.61 feet, more or less, to the Point of Beginning, (less and excepted parcels as
described in Official Records Book 397, page 930; Official Records Book 408, page 186; Official
Records Book 408, page 189; Official Records iBook 542, page 554 and Official Records Book 1213,
page 2122, Public Records of Indian River County, Florida.)
Copyright American Land Title Association. All rights reserved. ,�M
„
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. Ail other uses are prohibited. Reprinted under license from the American Land Title ,.
Association.
ALTA Commitment (6-17-06)
Page 8 of 8