HomeMy WebLinkAbout2021-066ALIBERTY PARK, PRASE 1A AND 1B
DEVELOPER'S AGREEMENT
BETWEEN
INDIAN RIVER COUNTY AND
RYALL DEVELOPMENT GROUP, LLC.
THIS AGREEMENT ("Agreement") is made and entered into this ' day of
NQ , 2021, by and between Ryall Development Group, LLC., a Florida limited
liability c mpany, whose address is PO Box 1779, Vero Beach, FL 32961-1779 ("Developer")
and Indian River County, a political subdivision of the State of Florida ("County") whose address
is 1801 27th Street, Vero Beach, FL 32960, ("County"),
WITNESSETH
WHEREAS, in 2008, Developer applied to, and received from, Indian River County,
approval to develop approximately 587.57 acres as a Planned Development Traditional
Neighborhood Design ("PDTND") for a project known as Liberty Park; and
WHEREAS, County and Developer share mutual goals and have determined that they are
able to assist each other with respect to certain items related to the development of Liberty Park,
including roadway and drainage improvements, right-of-way acquisition, and other improvements
some of which were included as conditions of approval for the Liberty Park PDTND; and
WHEREAS, County and Developer desire to enter into this Agreement with respect to
development of Phase 1 A and Phase 1B of the Liberty Park PDTND 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 the premises described herein and the
sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by both parties, the County and the Developer do
hereby covenant, stipulate, and agree as follows;
1. Recitals Incorporated: The foregoing recitals are incorporated as if fully
restated herein.
2. Developer representations:
A. Developer represents that Phase 1 A of the Liberty Park PDTND will
consist of up to 128 homes to be located south of Sebastian River Improvement
District R -13E drainage ditch, east of 701h Avenue, and north of 811 Street,
together with additional non-residential lands as shown and described on
Exhibit "A" attached hereto and made apart hereof.
B. At the time Developer elects to develop Phase 1B of Liberty Park
PDTND, it will consist of up to 31 residential units and it will be located north
of the Sebastian River Improvement District R -13E drainage ditch, and at that
time Developer shall, in conjunction with said development, design, permit, and
construct 70th Avenue as a two lane roadway for a distance of 1320 +/- feet from
Sebastian River Improvement District R13 -E to CR 510 , in compliance with
design plans and standards which have been approved by Indian River County.
3. 81St Street Construction: In conjunction with the development of Phase 1 A of
Liberty Park PDTND, the Developer will design, permit, and construct 81"
Street from its current terminus at Liberty Park School to 70th Avenue. All road
construction shall be in compliance with design plans and standards which have
been approved by Indian River County through the County's right-of-way
permitting process in accordance with Chapter 312 of the Indian River County
Code of Ordinances. Upon completion of construction, this section of 81 St Street
shall be dedicated to the County for use as a public street. The County shall not
be responsible for the maintenance of any landscaping or irrigation installed by
the Developer in the County right-of-way. If the Developer installs landscaping
and/or irrigation in the County right-of-way, a Memo of Understanding (MOU)
will be required before permitting of said improvements.
74t'' Avenue Construction: In conjunction with the Development of Phase 1-
B and 1 A of Liberty Park PDTND, Developer will design, permit, and construct
7001 Avenue from 81St Street to the Sebastian River Improvement District RI 3E
drainage ditch. All road construction shall be in compliance with design plans
and standards which have been approved by Indian River County through the
County's right-of-way permitting process in accordance Chapter 312 of the
Indian River County Code of Ordinances. Upon completion of construction,
this section of 701h Avenue shall be dedicated to the County for use as a public
street. In conjunction with Development of Phase 1B of Liberty Park PDTND,
the Developer will design, permit and construct 70th Avenue from the Sebastian
River Improvement District R13E drainage ditch to County Road (CR) 510. If
CR 510 remains unimproved (not widened to 4 -lane divided section) at the ,time
the Developer proposes to construct 70th Avenue between SRID RI 3E drainage
ditch and CR 510, the Developer will be responsible for the cost to design and
construct a temporary span wire traffic signal, if warranted by a Traffic Impact
Study. Should CR 510 be improved consistent with the FDOT planned PD&E
improvements (4 -lane divided section) prior to the Developer moving forward
with the 70th Avenue improvements between SRID R1 3E and CR 510, it is
anticipated that a traffic signal will have been constructed at CR 510 and Power
Line Road (70th Avenue) intersection in conjunction with the FDOT proposed
the widening that could be utilized. The County shall not be responsible for the
maintenance of any landscaping or irrigation installed by the Developer in the
County right-of-way. If the Developer installs landscaping and/or irrigation in
the County right-of-way, a Memo of Understanding (MOU) will be required
before permitting of said improvements. Should the Developer propose an
alternative development plan, the Developer may submit a Traffic Impact Study
supporting the plan evaluating alternative transportation routes/improvements
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that may demonstrate other off-site improvements in lieu of a temporary traffic
signal at the 70th Avenue/CR 510 intersection.
5. Changed Condition: The parties acknowledge that Condition 7.b. of the
October 28, 2008 Liberty Park approval letter required the Developer to
complete a sidewalk on the south side of County Road 510 between 64th Avenue
and 66th Avenue. The parties further acknowledge that due to plans by the
Florida Department of Transportation ("FDOT") to widen County Road 510 to
a four -lane road any sidewalk construction by the Developer in compliance with
this condition prior to the construction of Phase lA would be destroyed by the
FDOT County Road 510 construction project. Therefore, the parties agree that
this condition is waived.
6. Ryall Stormwater Park: The Ryall Stormwater Park Tract is depicted on
Exhibit "A" hereto as Parcels D1 and D2. At the time the Developer elects to
construct a lake or stormwater management on the Ryall Stormwater Park
Tract, Developer agrees to incorporate sufficient capacity to provide
stormwater treatment for the impervious area for the right-of-way of 66th
Avenue from 81St Street to 85th Street in its four lane improved condition and
81" Street located east of 66th Avenue in its three lane improved condition, and
Developer shall dedicate a non-exclusive easement to the County for access and
maintenance purposes. If the County elects to proceed with widening or other
improvements of 661h Avenue before Developer elects to construct a lake or
stormwater management pond on the Ryall Stormwater Park Tract, then the
County shall be responsible for all costs associated with the design, permitting,
and construction of drainage improvements for 66th Avenue between 81St Street
and 85th Street, and Developer agrees to provide a suitable location within
Parcels D1 and D2 to permit the County to construct a temporary stormwater
facility, provided, however, the Developer shall have the right to review and
approve the plans for any such Facilities construction. If constructed by the
County, the Developer shall have the right to modify the Stormwaters Facilities
so long as the 66th Avenue stormwater volumes are not compromised. Within
60 -days from the date of this Agreement, the Developer agrees to grant a
temporary non-exclusive easement for access, construction, maintenance and
use of the temporary stormwater facility located on Parcels Dl and D2. In any
case, whether constructed by the County or by the Developer, all fill dug or
removed from the Ryall Stormwater Park Tract shall remain the property of the
Developer for use by the Developer in conjunction with development of Liberty
Park PDTND. The County shall be allowed the use 10,000 cubic yards of
material for the construction of 66th Avenue at no cost to the County. The
Developer shall store this material at a location of Developer's choosing near
the east side of 661h Avenue near 81" Street. The Developer shall provide a 50 -
foot temporary non-exclusive easement for access, construction, and
maintenance on both sides of the Sebastian River Improvement District R13E
drainage ditch west from 66th Avenue to the existing SRID drainage ditch for
construction of the portion of the drainage ditch that currently does not exist in
the SRID right-of-way, but is necessary for discharge of the stormwater facility
to be constructed on Parcel D1 and D2.
7. Parcel B: Developer proposes to develop Parcel B, as depicted on Exhibit A
hereto, in a subsequent phase of development of Liberty Park PDTND. Parcel
B shall have its own drainage system; provided however, County agrees that
the drainage system for Parcel B shall be permitted to outfall to the 66th Avenue
stormwater management conveyance system, which will then drain into the
Ryall Stormwater Park Tract
8. Phase lA Plat Dedications: By final plat of Phase IA of the Liberty Park
PDTND, Developer shall dedicate to the County, without cost to the County the
following:
i. 81St Street, adjacent to the project.
ii. 70th Avenue from 81' Street to Sebastian River
Improvement District R- 13E drainage ditch.
9. Right -of -Way Dedications for 66th Avenue: Within 60 -days from the date of
this Agreement, the Developer agrees, at no cost to the County, to dedicate all
right-of-way for 66th Avenue between 81St Street and County Road 510, and all
right-of-way on 81st Street east of 661h Avenue as depicted in Exhibit `B".
10. Developer will design, permit, and excavate an extension of the Sebastian River
Drainage District D13E drainage ditch from 69th Avenue eastward for a
distance of 1,300 feet, more or less ("SR DD Ditch D13E Work"). If the
Developer has not begun the SRDD Ditch D13E work at the time the County
60h Avenue roadway widening project between 69th and 85th Street begins
construction, the Developer authorizes the County to design, permit, and/or
excavate the necessary improvement. Developer and county shall each be
responsible for 1/2 of all costs associated with SR DD Ditch D13E Work.
11. Miscellaneous Provisions:
A. In the event of any litigation arising out of this Agreement, the
prevailing party shall recover attorney's fees and costs from the non -prevailing
party-
B.
ly
B. 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.
C. 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 development of the Liberty Park PTDND.
C!
E. 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.
F. 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.
G. The parties 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.
H. 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.
I. All words, terms, and conditions contained herein are to be read in
concert each and 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.
J. 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 same does not frustrate the intention of the parties, as set forth in this
Agreement.
This Agreement may be executed in any number of duplicate originals and any such
duplicate original shall be deemed to constitute one and the same instrument.
(Signature pages to follow)
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RYALL DEVELOPMENT GROUP, LLC,
a Florida limited liability company
By: L ,
Print Name: C\ 6.
Its:
VL
WITNESS:
WITNESS: U'
(Corporate seal is
of witnesses)
INDIAN RIVER COUNTY, FLORIDA
ATTEST: INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIOI�12S :s�oA•a
Deputy Clerk / eate
ph E Flescher, Chairman
F9�Qtirin. �-��•�P'' .
(SEAL) roved: April 20, 2021
Approved as to form and legal sufficiency: Approved
4114X - "k-(' rA— d–" &=
William K. DeBraal Jason EV=.
Deputy County Attorney Countystrator
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LIBEfZTY PAF3K PDD TND - PHASE 101
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Exhibit K
Parcel 139
762 Sq. Ft,
0.94 Acres
Douglas SubdivisFon
300'
Parcel 136
31,808 Sq. Ft.
0.73 Acres
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a
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83rd Street
t
Parcel 135
71,358 Sq. Ft,
1.64 Acres
g
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v, a
m
Parcel 134
13,200 Sq.
L C4.00
0.30 Aare el
Lb.ert Park P.U.D.
Oto
66 h Avenue
I
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Right of Way Dedication
Parcel 133
197,411 Sq. Ft.
4.53 Acres
81st Street