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Home My WebLink About2020-236AAADEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND FLORIDA POWER & LIGHT COMPANY THIS DEVELOPER'S AGREEMENT ("Agreement") is made and entered into this 30th day of November '2020, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County") and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, 700 Universe Boulevard, Juno Beach, FL 33408 ("Developer"). WITNESSETH: WHEREAS, Developer proposes to develop a service center at 1575 98th Avenue in Indian River County, Florida, to be known as the FPL Indian River Service Center, ("Service Center") 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 roadway, intersection, and drainage improvements described herein and required as a condition of the Service Center approval; 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: Recitals: The foregoing recitals are incorporated as if fully restated herein. 2. Roadway and Intersection Improvements: Developer shall reconstruct 98th Avenue from 16th Street to State Road 60, as a two lane paved street complete with signage, shoulders and striping in accordance with the approved plans developed by Kimley Horn and Associates, entitled "Indian River Service Center 98th Avenue & 16th Street; Project Number: 147088006" and said plans are incorporated by reference herein to this Agreement. County acknowledges that the contributions above satisfy the Developer's entire obligation with respect to off-site improvements through build -out of the Service Center, except to the extent that additional property or units may be added to the Service Center. 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. 98th Avenue and 16"' Street Right-of-way Dedication: The County acknowledges that the Developer has previously dedicated land to the County for future widening of 98th Avenue and 16th Street. 4. County Contribution: Upon final approval, which said approval will not be unreasonably withheld, of all roadway construction and acceptance of a bill of sale for drainage improvements constructed by Developer (including as -built plans), the County shall compensate the Developer for the design, engineering and construction of these improvements, not to exceed $378,689.52, as depicted on the Engineer's Cost Estimate dated October 22, 2020 and as amended through construction change orders for changes in work and costs shared with County, attached to this Agreement as Exhibit `B". Payment shall be remitted to the Developer within thirty (30) days after receipt of the signed bill of sale. 5. DOT Compliance: All road construction by the Developer pursuant to this Agreement shall be in compliance with Florida Department of Transportation standards. 6. Miscellaneous: A. 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. B. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. C. 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. D. 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 the Service Center. E. No Building Permit, Certificate of Completion, or Certificate of Occupancy shall be withheld or delayed by the County for the Service Center 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. F. 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 2 construct, contribute to, or share in the costs of any off-site improvements other than the payment of concurrency fees, which said fees have been paid to the County. G. 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. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THAT MAY EXIST TO HAVE A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON OR ARISING OUT OF, UNDER, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT. H. 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 parry by reason of the physical preparation of this Agreement. I. 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. J. 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. K. 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. L. 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. M. 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. N. 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 3 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 parties have executed this Agreement as of the day and year first above written. Approved by: M County Administrator Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy Co ty Attorney 0 BOARD OF COUNTY COP INDIAN RIVER COUNTY, oseph E. Flescher, BCC Approved: 11-10-2020 Attest: Jeffery R. Smith, Clerk of Court and Comptroller By: (olq' Deputy Clerk IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of. rr ureess Printed Name: Uviv�O �� GV t STATE OF FLORIDA COUNTY OF _Pa1 tN FLORIDA POWER & LIGHT COMPANY a Florida Corporation By: 26" Avlm�� Printed Name: Mathew Barrows Title: Senior Director, Corporate Real Estate The foregoing instrument was acknowledged before me by means f physical presence or online notarization this ) 'tk day of elrib9r, 2020, by �etiko W ��ADWS , as S ire OE51alt, of FLORIDA POWER & LIGHT COMPANY, a Florida CORPORATION, on behalf of the corporation, who is personally known to me or who has produced as identification. ,�.,, STACY B. WINNUBST _ °cf :Notary Public -State of Florida + Commission ft GG 341822 � My Commission Expires June 04, 2023 (Not '6. Vam '-� Print Name:, VVInttCtli,t Notary Public My Commission Expires: EXHIBIT A Sketch and legal Description of FPL Service Center DESCRIPTION; EXHIBIT "A" TRACT 1, SECTION I). TOWNSHIP 33 SOUTH, RANGE 36 EAST. ACCORDING TO LAST GENERAL PLAT OF LANDS CF INDIAN RIWR FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. WCIE COUNTY, FLORIDA, SAID LAND LYINO AND BEING IN INDIAN RVER COUNTY, FLORIDA, LESS CANAL% DITCHES AND RIGHTS -OF -'RAY, LESS AND EKCEPT THE NORTH 50 FEET AND THE EAST SG FEET THEREOF. CONTAINING 36.667 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS, AND/OR RIGHTS-OF-WAY OF RECORD, NOTES: 1_ REPRODUCTIONS GP THIS SKETCH ARE NOT VAUD UNLESS SEALED IMIH A SURWYOR'S SEAL 2. LANDS 90AN HOMON ARE NOT ABSTRACTED FOR F401 -17 -7 -WAY, EkMMENTS, DWNERSHP, 0R OTHER INSTRUMENTS OF RECORD, 3. BEARINGS ARE RELATIVE TO A GRID BEARING OF N,U(r2Or 2'E. ALCN0 THE EAST LINE OF SEC11ON S, 104%N51 -11F 43 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA. BASED ON THE FLORIDA STATE PLANE ODORDINATE WSTETd, EAST ZONE, NORTH AMERICAN DATUM OF 1493 (9D/99 ADDU mEN T). 4 DATA SHOM HEREON WAS COMPILED FROM INSIRSJMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURtiEY AS SUCH, CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT W THE BEST OF MY KRON&EDGE AND SEUEF AS PREPARED UNDER MY 01RECTIDN ON SEP -TENSOR 11, 2I1M. I 2FUR7HU=1DF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER RD OF SUI Wti WS AND NAPPERS PURSUANT TO RJ RPDA STATUTES 472.027. BONNIE, PROFESSIONAL SJRtiEYOR AND MAPPER 9272 STATE OF FLORIDA - LB # NM SHEET 1 OF 2 CAULFIELD & WHEELER, INC. CIVIL ENGIhEERING -_ LANDSCAPE AR£Hr ECT1,RE: - & RVEYNG 790D GLADES ROAD • SUITE IDG BOCA RATON. FLORIDA 53434 PHOW (661)-%WZ•I991 f FAX 0561j4150-1462 INDIAN RIVER SERVICE CENTER SKETCH OF DESCRIPTION R DATE 09/11/2020 DRAWN BY RLF F.B./ PC. N/A SCALE AS 5H(714T~! JOB NO. M4 STA FE Ra4D 60 SITE 72 Sr L0C'ATION MAO � as 12 ST ,A NORTH IRAiL� LDC.�l7M MM 8 Sr NOT TO SCALE NOTES: 1_ REPRODUCTIONS GP THIS SKETCH ARE NOT VAUD UNLESS SEALED IMIH A SURWYOR'S SEAL 2. LANDS 90AN HOMON ARE NOT ABSTRACTED FOR F401 -17 -7 -WAY, EkMMENTS, DWNERSHP, 0R OTHER INSTRUMENTS OF RECORD, 3. BEARINGS ARE RELATIVE TO A GRID BEARING OF N,U(r2Or 2'E. ALCN0 THE EAST LINE OF SEC11ON S, 104%N51 -11F 43 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA. BASED ON THE FLORIDA STATE PLANE ODORDINATE WSTETd, EAST ZONE, NORTH AMERICAN DATUM OF 1493 (9D/99 ADDU mEN T). 4 DATA SHOM HEREON WAS COMPILED FROM INSIRSJMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURtiEY AS SUCH, CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT W THE BEST OF MY KRON&EDGE AND SEUEF AS PREPARED UNDER MY 01RECTIDN ON SEP -TENSOR 11, 2I1M. I 2FUR7HU=1DF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER RD OF SUI Wti WS AND NAPPERS PURSUANT TO RJ RPDA STATUTES 472.027. BONNIE, PROFESSIONAL SJRtiEYOR AND MAPPER 9272 STATE OF FLORIDA - LB # NM SHEET 1 OF 2 CAULFIELD & WHEELER, INC. CIVIL ENGIhEERING -_ LANDSCAPE AR£Hr ECT1,RE: - & RVEYNG 790D GLADES ROAD • SUITE IDG BOCA RATON. FLORIDA 53434 PHOW (661)-%WZ•I991 f FAX 0561j4150-1462 INDIAN RIVER SERVICE CENTER SKETCH OF DESCRIPTION R DATE 09/11/2020 DRAWN BY RLF F.B./ PC. N/A SCALE AS 5H(714T~! JOB NO. M4 *4xm IMPRWIS m a (PLAT 1PA ST_JCIE .OWUW RIVER CWNTY, FLORIDA CAULFIELD 8, WHEELER, INC. CIVIL EKINEERING L.*ZSr-AK ARCH['rFCTLlW - S[OdEYNG 790 G GLADES ROAD - SUTE- 100 WXA RATOK FLORIDA 3343L PHONE (560-592-499t / FAX (50-750-145.2 MAN RM SEFtYlCE CENUR SWItH Of 0ESMP'nON i NORT14 UNE LLJ 6W ROAD AND CANAL LA c"I u - REMVAIION (PS 2. PG M SLC) Z Z DOM RM FAFJAS CM LINE CF g 10 SECTON 9 & TRACT I SEC'no IRACT I B" Z PAGE. (PL E 25) ZSOUTH UNE RESERVATIO44 MRNER -W < 1,308.69' NOD*11'56'E S8937WE F - co 20..00'C-4 b S0070'22*W 0 9ft-R COUNW, PLZRIDA If- . 20,00 60.1 N89 -37-46-W 124-8,55' j — 30' 1 -30' *4xm IMPRWIS m a (PLAT 1PA ST_JCIE .OWUW RIVER CWNTY, FLORIDA CAULFIELD 8, WHEELER, INC. CIVIL EKINEERING L.*ZSr-AK ARCH['rFCTLlW - S[OdEYNG 790 G GLADES ROAD - SUTE- 100 WXA RATOK FLORIDA 3343L PHONE (560-592-499t / FAX (50-750-145.2 MAN RM SEFtYlCE CENUR SWItH Of 0ESMP'nON i 9 LLJ LA c"I u - Z Z DOM RM FAFJAS CM Li LLJ C! IRACT I B" Z PAGE. (PL E 25) ST. LU&COVNTY, NOW 1t09A 60' cv LLJ 9ft-R COUNW, PLZRIDA < w 0— L 10 V IL lm - LEGEND t1 �i09 - DEED BOOK av IRFWW - MAN RIVER FARMS WATER CONML Gp-Amlc SCALE DISTRCT ORO - OMCIAL RECORDS BOOK 0 -41G 40 PS - PLAT BOOK PO -FACE R -1W - PJGHT--OF-WAY IN FEET SLC - ST, LUNE couNTY 1 IKCH = 40 FT, JII(- SEC7109 CORNER /-SOUTH TH LINE OF ACT I *4xm IMPRWIS m a (PLAT 1PA ST_JCIE .OWUW RIVER CWNTY, FLORIDA CAULFIELD 8, WHEELER, INC. CIVIL EKINEERING L.*ZSr-AK ARCH['rFCTLlW - S[OdEYNG 790 G GLADES ROAD - SUTE- 100 WXA RATOK FLORIDA 3343L PHONE (560-592-499t / FAX (50-750-145.2 MAN RM SEFtYlCE CENUR SWItH Of 0ESMP'nON i N89'38'48'W 60.00' SHEET 2 OF TE 09A 1 /2( jR8,/ EDG, N /A SOLE AS '31-10 9 LLJ LA c"I u - Z Z Li LLJ < W 60' LLJ 0— L N89'38'48'W 60.00' SHEET 2 OF TE 09A 1 /2( jR8,/ EDG, N /A SOLE AS '31-10 EXHIBIT `B" Engineer's Cost Estimate ENGINEERS COST ESTIMATE FPL Indian River Service Center Project Description: 98th Avenue and 16th Street Improvements Date: 10/22/2020 Pay Item Eng I Inee Unit Ind., n Rlwr County Fund -Cost Number Payit Deucription Quantity Unit " Cost Engineers Subtotal Cost Quantity Unit E.glneer�s Unit Cost Engineer's Subtotal Cost Total Quantity Total Engineer', iy - 101-1 MOBILIZATION/ DEMOBILIZATION LS $ 10010M.00 1 $ 100,OM.OD 1 $ 10010000 102-1 MAINTENANCE OF TRAFFIC I LS $ 50,000.00 $ 50,000m 1 $ .0 SO,0OU.00 104-2 PREVE NTION, CONTROL& ABATEMENT OF ER05ION AND WATER POLLUTION I LS $ 15,000.00 $ 15,000.00 108-1 CONSTRUCTION LAYOUT/1 LS $ 15,000.00 $ 15,000.00 1 1 15,000.00 110.1-1 CLEARING & GRUBBING 9.2 AC $ 13,000.00 $ 119,600.00 9,2 15,000.00120-1 119,600.00 REGULAR EXCAVATION SZ02 CY $ 8.00 $ 41,616.00 5202 $ 120-6 EMBANKMENT 4813 CY$ 8.00 $ 38,504.00 4813 $ 41,616.00 38,504.00 1604 TYPE "B" STABILIZATIONSTABILIZATION210-3 14080 SY $ 3.50 $ 49,280.00 $ PULL DEPTH BASE RECLAMATION (DEPTH TBD) SGO SY $ 3.00 $ 1,680.00 - 8095 1 SY $ 3.001 $ 24,285.00 14080 8655 $ 49,280.00 25,965.00 285-709 CEMENTED COQUINA, OPTIONAL BASE GROUP 9 (10") 11725 SY $ 17.00, $ 199,325.00 1 11725 5 199,325.00 334-1-13A SUPERPAVE ASPHALT CONCRETE (SP -9.5) (TRAFFIC C)(1") $04 TN $ 130.001 $ 104,520.00 445 1 TN $ 130.00- $ 57,850.00 1249 $ 162,370,00 334-1-1313 _ SUPERPAVE ASPHALT CONCRETE SP -12.5) (TRAFFIC C) (1.5-) 1206 TN $ 130.00 $ 156,780.00 668 TN - $ 130.00 96,840.00 1874 243,620.00 334-1-13C _ SUPERPAVE ASPHALT CONCRETE (SP -12.5) (TRAFFIC C) (OVERBUILD) $ 868 TN 112,840.00 $ 130.00 868 $ 112,840.00 4OG-1-2 _ CLASS I CONCRETE (ENDWALL) 6.77 CY $ 1,280.00 $ 81665.60 6.77 $ 8,665.60 425-1-523 _ INLET (DBI) (TYPE C) (I -BOTTOM) J<0') I EA $ 5,800.00 $ 5,800.00 1 $ 5,800.00 425-1-541 INLET (DBI) (TYPE 01 (,10') 12 EA $ 31500.00 $ 42,000.00 12 $ 42,000.00 14254-551 INLET JOBII (TYPE E) (,10'1 1 EA $ 4,500.0D $ 4,500.00 1 4,500.00 425-2-41 MANHOLE (P-7) (<10') 1 EA $ 4,000.00 $ 4,000.00 1 4,000.00 425-2-61 MANHOLE (P-8) (< 10') I EA 4,000,00 $ 4,000.00 1 4,000.00 425-6 VALVE BOX (ADJUST) 8 EA 450.00 5 3,600.00 8 $ 3,600.00 430.175-112 CONCRETE PIPE CULVERT (12-1 (SICO) (CL 111) 162 LF 40.00 $ 1!480 00 162 $ 6,480.00 430-175m!18 CONCRETE PIPE CULVERT (18") (S/CD) (CL 111) 892 LF $ SS -001 $ 49 060.00 892 $ 49,060.00 43 0-175-1188 CORRUGATED ALUMINUM PIPE CULVERT (1W) (S/CD) 60- LF $ 55.001 $ 3,300.00 60 $ 3,300.00 430-175-124 CONCRETE PIPE CULVERT (24-) (S/CD) (CL 111) 1334 LF 60.GO 80,040.00 1334 80,040.00 430.175-1248 CORRUGATED ALUMINUM PIPE CULVERT (24") (S/CDJ 20 UP 60.00 1,200.00 20 1,200.00 430.175-136 _ CONCRETE PIPE CULVERT (36") (S/CD) (CL 111) 64 LF -$-80 00 $ 5,120.170 64 5,120.00 430-175-1368 CORRUGATED ALUMINUM PIPE CULVERT (36-1 (S/CD) 20 LF $ 80.00 1,600.00 20 1,600.00 430-982425 MITERED END SECTION (ROUND) (18-) (CD) 3 EA $ 1,500.00 $ 4,500.00 3 4,500.00 430-992429 MITERED END SECTION (ROUND) (24-) (CD) I EA $ 1,600.00 $ 1,600.00 1- $ 1,600,00 520-1-7 TYPE 'F" CURB & GUTTER 1435 LF $ 17.00 $ 24 395.00 1435 $ 24,395.00 522-2 CONCRETE SIDEWALKAND DRIVEWAYS (6- THICK) 1310 SY $ 52.00 $ 68,120.00 1310 $ 68,120.00 527-2 _ DETECTABLE WARNINGS 10 SF $ 28.00 $ 280.00 10 280.00 530.3-4 RIPRAP - RUBBLE (F&I) (DITCH LINING) 71 TN $ 84,00 $ 5,964.00 71 5,964.00 538-1 _ GUARDRAIL REMOVAL AND RESET 60 LF $ 13.00 $ 780.00 60 780.00 570.1-1 _ PERFORMANCE TURF (SOD) (BAHIA) 18300 SY $ 1.75 $ 32,02S.00 18300 $ 32,01500 1644800 _ FIRE HYDRANT (RELOCATE) 3 EA $ 3,423.00 $ 10,269.00 3 $ 10,269.00 700-1-11 SINGLE -POST SIGN (F&1) (- 12 SF) 35 AS $ 350.00 $ 12,250.00 35 $ 12,250.GO 706-3 RETRO, REFLECTIVE MARKERS 294 EA $ 5.00 $ 1,470.00 294 $ 1,470.00 711-11-121 THERMOPLASTIC, STD, WHITE, SOLID, 6" 9800 LF $ 1.50 $ 14,700.00 9800 $ 14,700.00 711-11-123 _ THERMOPLASTIC, STO, WHITE, SOLID, 12- 225 LF $ 3.00 $ 675.00 225_ $ 67-500 711-11-125 THERMOPLASTIC, STO, WHITE, SOLID, 24" 250 LF $ 5.00 $ 1,250.00 250 1,250.00 711-11-141 _ THERMOPLASTIC, STD,WHITE, SKIP (2'-4'/6'-10),6^ 86 LF $ 1.50 $ 129.00 86 1.29.00 711-11-160 THERMOPLASTIC, STO, WHITE. MESSAGE it EA $ 190,00 $ 2,090.00 11 2,09 .00 711=11-170 THERMOPLASTIC, STD, WHITE, ARROW 13 EA $ 75.00 $ 975.00 13 $ 975.00 711-11-221 THERMOPLASTIC, STD, YELLOW, SOLID, 6"SS00 LF 1.50 $ 8,250.00$ B,�50. 5500 $ 8,250.00 711-11-224 THERMOPLASTIC, STD, YELLOW, SOLID, 18- SO IF 4. $ 200.00 so $ 200.00 711-16-231 THERMOPLASTIC, STD, YELLOW, SKIP (10'-30%6" 2725 LF $ 1.50 $ 4,087.501 2725 $ 4,087-501 JASI-010 ADD 3 NEW DRAINAGE CROSSINGS & SWALE AREA ALONG 98th AVE, 1 1 1 LS 96,874.52 $ 96.874 57 1 $ 96,874.52 Subtotal Subtotal Total FPL Funds IRCf.nd,