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HomeMy WebLinkAbout1999-11540 `l / DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND WELTON CONVENIENCE STORE Iff Z) ?/ 4/ l4/99(W el tonda¢r)rt(P W D) QQ— l ls— THIS AGREEMENT, entered into this _7— day V�%_, 1999 by 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 the LONE CABBAGE TRADING COMPANY, 5180 67TH STREET, VERO BEACH, FL, 32967, hereafter referred to as the "DEVELOPER". WITNESSETH WHEREAS, the DEVELOPER owns a 1.72 acre parcel of land located at northwest comer of US t and 531' Street, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference, and WHERF;AS, the COUNTY and DEiVELOnp. share mutual concerns with respect to road and drainage facilities for 53"' Street between US I and Old Dixie highway and US Highwayl and development of convenience storc located at the northwest corner of 531 StrectAis I intersection; and WHEREAS, both the COUN-f Y and DEVELOPER can assist each other through a joint effirrt that will facilitate paving the road and providing stormwater treatment. NOW, TH EREFORF., in consideration of the mutual tertn,, conditions, promises covenants and premises hercinafler, the COUNTY and DEVELOPER agree as follows: I . The above recitals ate affirmed as being true and correct and are thereby incorporated herein, 2. The DEVELOPER shall design, obtain permits, and construct a southbound right turn lane along US I lighway I north ol'53'1 Street. The DEVEl,OPE'R shall fund the cost of the turn lane north of the project driveway connecting to US I. 1 h COUNTY shall fund 530,000 of the cost of the turn lane between the project driveway and 53" Street. The project cost is 547,005. The DEVELOPER has obtained at least two conlpetitive bids for lite project as approved by the Public Works Director. The DEVELOPER shall pay the remaining S 17,005., plus the cost of the tum lane north of the project driveway, which is $47,461. 3. The DEVELOPER shall design, obtain permits, and construct a two/three lane roadway along 531d Street between US Highway 1 and Old Dixie Highway, with left tum lanes as needed. The cost of the construction of the project is $41,118. The COUNTY shall pay 75% of the cost or $30,838.50. The DEVELOPER shall fund the remaining cost or $10,279.50. The DEVELOPER has obtained at least two competitive bids, as approved by the Public Works Director. 4. The cost of engineering design services is $8,895.18. The COUNTY shall pay $5,000 of the cost and the DEVELOPER shall pay the remainder, $3,895.18. .m/tn(oonvC --nd--g.'-(P D) S. Time is of the essence as to all matters pertaining to this Agreement. 6. In the event of any litigation arising out of this Agreement, the prevailing patty 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. 7. 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. • 8. This Agreement shall be binding upon and inure to the beaefit of the parties hereto and their personal representatives, heirs, successors, aad assigns. • 9. This Agreement contains the entire agreement and understanding between the parties. No rcpresentation, statement, reckai, undertaking, or promise not specifically set forth herein shall be binding on any party hereto. 10. This Agreement and all matters arising hereunder shall be goverriccl by zind construed in accordance with the laws of the State of Florida. Vcrme hereunder shall lie in Indian River County, Florida. H. 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 Agreement. 12. 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. 13. COUNTY and i EVI;LOPER 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 teens and conditions hereof and comply with the express intention of this Agreement. 14, Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not he deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder a► any one tinme or tinies he deemed a waiver or relinquishment of such right or power at any other lime or times. 1.5. All words, ternis, 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. 16. 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. 17. 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 teen, condition, or clause hereof, provided of the parties, as set forth in this Agreement. 4/ 14/99( Weltondagr)rt(P W Dl IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to - -- be executed in their names, the day and year first above written. LONE CABBAGE TRADING COMPANY BOARD OF COUNTY COMMISSIONERS 5180 67" STREET INDIAN RIVER COUNTY, FLORIDA o VERO BEACH, FLORIDA 32960 BY: W tit— BY: W ° MD ht, Chairman WITNE 1 LP-u.� Attest: Jeffrey K. Barton w Alerkeftt r,� Jr r_ r� ITNES 511 C AM y F i latKbn UUli we l um. dev 40 E)GIIBIT "A" DESCRIPTION PARCEL. 1: That part of the Southwest one-quarter of the. Southwest one-quarter of Section t 4, Township .;2 South, Range 39 East, lying West of the West right of way of U. S. of t (State 1 Road 5), r i5 Afl, EXCEPT the South 30 feet for rood right of way, said land lying and being in Indion River County, Florida, PARCEL 2: All that part of the Southeost one-q,jarter of the Southeast one-quarter in Section 15. Township 32 South, Range 39 East, lying South of the South right of way line of the North Relief Canal and East of the East right of way line of Old Dixie Highway in Indian River County, Florida, LESS AND EXCEPT that portion conveyed to the State of Flondo for rood right of way in Official Records Book 102, Prige 253, Public Records of fnd�an River County. Florida. A(SUBJECT ;ITE) PARCEL 3: The Ncrlh 240.92 fect of the South 330.92 feet of Sectons )4 and tj. Township 32 South, Ronge 40 Ea.t, Indian Ritrer County, Florida. lying West of U. S. Highway No t and East of Old Dixie Highway.