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HomeMy WebLinkAbout1999-06014 t iac7�t,�a,o��K+�tcru�ntTys7• • DEVELOPER'S AGREEMENT' BETWEEN Tj q—o60 INDIAN RIVER COUNTY, FLORIDA AND ! FIRST CHURCH OF GOD, INC. THIS AGREEMENT, entered into this J day , 1999 by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 251' Street, Vero Reach, Florida, 32960 hereafter called "COUNTV" and the FIRST CHURCH OF GOD OF VERO BEACH, INC., 1590 27" Avenue, Vero Beach, Florida 32960 hereafter referred to as the "CHURCH". WITNESSETH WHEREAS, the CHURCH owns a 35.23 acre parcel of land alonS the west side of Kings Highway south of 12'x' Street, known as Tax Parcel ID #08-33-39-00001-0090-00001.0, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference, and WHEREAS, the COUNTY and CHURCH share mutual concerns with respect to road and drainage facilities for Kings Highway (58' Avenue) and 12" Street and development of CHURCH property located adjacent to Kings Highway; and WHEREAS, both the COUNTY and CHURCH can assist each other through a joint eltart that will facilitate widening the road and providing stormwater treatment. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises covenants and premises hereinafter, the COUNTY and CHURCH agree as follows: I . The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. prior to the first Certificate of occupancy on the site, the CHURCH shall convey by quit -claim deed 20' of right-of-way to the COUNTY for construction of Kings Highway (legal description attached as Exhibit "I3"). 3. The COUNTY shall construct at the COUNTV's sole cost and expense intersection and roadway improvements along Kings i Iighway and 1201 Street to provide a four - lane divided roadway alone; Kings Highway and a two lane paved roadway along 12" Street between a point approximately 700' east and 450' west of Kings Highway by no later than November 30, 2002. 4. The CHURCH shall construct the retention ponds and outfall structures to the 12ni Street sublateral on the CHURC :I site by no later than January l 2000. The ponds shall be designed to accept runoff from Kings Highway (one acre equivalent area) and CHURCH's future development (Four acres equivalent area). County may elect to include portion of pond construction in Phase lI Kings highway contract and revise compensation accordingly if facilities are not constructed by January 1, 2000. (IuChurd6hx% r)hh(P1AS)TnT • 5. The COUNTY will pay 20% of the monthly pond maintenance cost. The CHURCH shall submit copy of maintenance bills to County for reimbursement. - 6. The COUNTY shall pay the CH URCH for right-of-way and drainage improvements as follows: H. .61 acres of right-of-way $ 12,200.00 (legal description attached as Exhibit "B") b. Value of one acre of land $ 20,000.00 C. Cost of construction for one acre retention racllity $ 58,250,00 d. Cost of outfall to sublateral ditch on IP Street $ 5,000.00 e. Premium for connecting to pond at north and south end of 1200 foot Frontage saving County pipe costs $ _5 000.00 TOTAL $100,450.00 7. The COUNTY shall pay the CHURCH the said $100,450.00 as described in paragraph fa as follows: $12,200.00 upon the conveyance by the CHURCH to the COUNTY of the right-of-way, $20,000,00 upon issuance of a building permit, partial payments up to a maximum of $58,250.00 during pond excavation and $10,000.00 after As -Built Certification of the retention ponds to the 5t. Johns River Water Management District, 8. COUNTY shall at COUNTY's sole cost and expense cause the subject riglit-of-way to be cleared of all trees, shrubs, and underbrush by no later than N u=mber 30 2000. If requested by the COUNTY the CHURCH shall at COUNTY's expense cause subject right-of-way to be cleared of all trees, shrubs and underbrush at a cost mutually agreeable. 9. COUNTY shall at COUNTY's sole cost and expense cause to be constructed along the subject right-of-way (at a location consistent with existing sidewalk, if any, on adjacent property or at a location mutually acceptable to COUNTY and CHURCH) a sidewalk that extends the full length of the right-of-way conveyed by CHURCH to COUNTY, as depicted on Exhibit "13", by no later than November 30 2002 . la Time is of the essence as to all matters pertaining to this Agreement. 11. In the event or any litigation arising out of this Agreement, the prevailing party shall be entitled to reimbursement of the costs and expenses thereof from the non - prevailing party or parties, including reasonable attorneys' fees and including such costs, expenses, and fees incurred on appeals of such litigation. 12. 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. 13. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns. 14. 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 minding on any party hereto. 15. 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. o,tcn,,r,h(Wasr)bn(ew 0)TnT 16. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on a 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 40 Agreement. 17. Whenever the singular number is used in this Agreement and when required by the 0 context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. ! 18. COUNTY and CHURCH 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 cavy out the terms and conditions hereof and comply with the express intention of this Agreement. 19. 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. 20. 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. 21. The words�i r - and h r 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. 22. In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a count 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 ofthe parties, as set forth in this Agreement. IN WITNESS WHEREOF the COUNTY and CHURCH has caused these presents to be executed in their names, the day and year first above written. FIRST CHURCH OF GOD, INC. 1590 27"t AVENUE VERO BEAC , FLORID 32 60 BY: WITNESS: �•�`�*� WITNE�`' {Curl)nraie 9 imcptable in Plae f •itnesws} BOARD OF COUNTY COMMISSIONERS INDIAN RIV COU TY, F RIDA BY: eth R. Macht, Chairpian Attest: Jeffrey K. Barton i Cl ours > i— aPPrQucd C}nle +nal+an River C.uunly t a•nr rl,sk UlDna<l.nrent U 7 EXHIBIT"A" FOR DEV'ELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND FIRST CHURCH OF GOD, INC. DESCRIPTION: Tract 4, Section 8, Township 33 South, Range 39 East, According to the last general plat of (ands 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, Fi.orida; Less the east 56 feet thereof as recorded in Official Record 1061, pages 1241 and 1242, Indian River County Florida, for road right-of-way. 40 4 E% H I 0 I 7 u6n n � CO � m ' a n 0 a o @ CD`n❑ Q N 9 Ill a (00 fa a a 40 Line C 3 N C) N rt 06' S5' ..� ., `�roro �a� r- :3 N -I [D -1 O LO CD ro moa -" D .�] 0 a :r (b O S C rd Z 0 rt N !tl S SN � SCr-�) D C6 N r f Q I C) p Q (D S C3 C3 47 O1 ry rri @ C n tiL] CD Iri 4` r (D O o o m 3 a Ch ❑ Cb GI CA M Ln a_ ry n' 3 to S 0 0016 a— 0 Z C7 C4 C7 N I :T ° 3 Ln o m 'p G7 .-� C7 Z 3 N 0 C N .1, C Q Cfl @ w Q N S w fD e n I n S No C7. fl' a P�7 S O a W ra i!Q aQ CL _ OL ra o fl o r � p _ aO C a m (b . < e o "" �• ro o 20' m © SN m CO [!q' ism' Ss' Z f2 CO 0 2 Cl ua z ©a �, �, 1/4 Section Line 0 CA rn 0 z o 3 � o b ��' 12TH STREET CO 7017d — ( {1 U) '[7 n OD (D mC 0 ©, OL a.� C) LO Cl Fi> 1� (n 0 Q_ a o _' o Q Z ACAD DWG FILE: 58-116w,DwG