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Home My WebLink About1999-18040 DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND TRI PARTNERS, L.L.C. 61151"TRIPARTNERSpt(P W D) « THIS AGREEMENT, entered into this rt.h day i„1 y , 1999 by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, • 1840 25' Street, Vero Beach, Florida, 32960 hereafter called "COUNTY" and the TRI PARTNERS, L.L.C. , A LIMITED LIABILITY COMPANY, 445 27TH AVENUE S.W., SUITE E, Vero Beach, FL 32968, hereafter referred to as the "DEVELOPER". WITNESSETH WHEREAS, the DEVELOPER owns several parcels of land located on Blocks "D" of Oslo Park Subdivision, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference, and WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to road and drainage facilities for a part of 191 Avenue S.W., 201 Avenue S.W., 10` Street S.W., the Oslo Road Sublateral Canal E-8, and the present and future development of the DEVELOPER's properties located adjacent to 191 Avenue S.W. and 20" Avenue S.W., and WHEREAS, both the COUNTY and DEVELOPER can assist each other through a joint effort that will facilitate paving part of 19' Avenue S.W., 201 Avenue S.W., 10' Street S.W., culverting of the E-8 Canal, and providing stormwater treatment. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows: i . The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. The COUNTY and DEVELOPER agree to design, permit, and construct the following project in two (2) phases: Phase I - Two (2) lane paved road and associated drainage facilities (swales, culverts, inlets, etc.) on 191 Avenue S.W. from Oslo Road south to the south lot line of Lot .dock "D", vs"iu ra k, Unit ff2. Phase 1 - Fill and culvert the Indian River Farms Water Control District Canal E-8 parallel to Oslo Road from the east side of 201" Avenue S.W., east 210 LF t under 19" Avenue S.W. to the east side of 19" Avenue S.W.. n NO allicaulmuni, modification, change, or alteration of this Agreement shall ! ® g be valid or binding unless accomplished in writing and executed by all of the parties hereto. 1 i . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns. 12. This Agreement contains the entire agreement and understanding between the parties. ® No represei.tation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any party hereto. 13. 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. 14. 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. 15. 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. 16. COUNTY and DEVELOPER shall grant such fiu-ther 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 terms and conditions hereof and comply with the express intention of this Agreement. 17. 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. 18. All woi ds, terms, and conditions contained herein are to be read in concert, each with the other, and a nrevision rn„ twined under orc _ ______ paragiapii may be considered to be equally applicable under another in the interpretation of this Agreement. 19. The words herein and hereof and words of similar hiiport, 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. 20. In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent iurisdictinn . A 111v6duly 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. 21. If a special assessment project is approved for 19th Avenue S.W. by the Board of County Commissioners, the Developer shall be 41 reimbursed all those payments made by the property owners (other than. the Developer) within the Special Assessment Benefit area. 3 if IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. TRI PARTNERS, L.L.C. BOARD OF COUNTY COMMISSIONERS ® a Limited Liability Company INDIAN RIVER COUNTY, FLORIDA 445 27'4 Avenue S.W., Suite E Vero Beach, Fl. 32968 BY: r-- Byron T. Cooksey, II Managing nber WITNESS: WITNESS: (Corporate seal is accep able in place of witnesses) P9Public Works\Rebecca\Contract\tri partners.dev BY: enneth R. Macht, Chairman Attest: Jeffrey K. $artbn Clerk Courf `•• ra Indian RiverC_ oun y Approved Date Administrailon , Budget Rw' Legal (p Risk Management Public Works L �y� of 40 0 0 06/25/1999 09:15 5615691455 KNIGHT MCGUIRE ASSOC FO TENT FO. (NO LD.) 60XES I AL POST LEGAL I)ESCRInT�:)I`l Y. • ". LOTS 1, 1A, 2, 3 '1, BLOCK "D", OSLO PAR UNIT NO. 2, AS SHOWN ON 1HE PLAT THEPEO A RECORDED IN PLA700OK 41 F"AGE 13, OF 714E PUBLIC RECORDS 01' INDIAN RIVER COUNTY FLORIDA. 9; DATE: JUN 2 41999 KNIGHT _ •-ri— REG. No 41U6o cGUIRE & ASSOCIATES, INC.F101RAM ; NOL71NG ENGINEERS AND PLANNERS 9AS (561) 569-5505 FAX: (561) 569-1455 ET30ULEVARD,------------ SUITE 401, VERO BEACH• FLORIDA 3 9960 EXHIBIT' "A" PAGE 01 P0311-111' Fax Note 7671 Date aS vroess i From E room. CO VALVE Phone s Phone ass noH NAGE "• 4. OFF—SITE CONSTRUCTION DETAIL, PIPE AND 19th AVE SIr PROFILE . R RETE PIPE 5• LIFT STATION (UTILITY DETAILS N AND SPECIFICATIONS !1 ATTACIIED SURVEY Id 10N IC DNES LEGAL I)ESCRInT�:)I`l Y. • ". LOTS 1, 1A, 2, 3 '1, BLOCK "D", OSLO PAR UNIT NO. 2, AS SHOWN ON 1HE PLAT THEPEO A RECORDED IN PLA700OK 41 F"AGE 13, OF 714E PUBLIC RECORDS 01' INDIAN RIVER COUNTY FLORIDA. 9; DATE: JUN 2 41999 KNIGHT _ •-ri— REG. No 41U6o cGUIRE & ASSOCIATES, INC.F101RAM ; NOL71NG ENGINEERS AND PLANNERS 9AS (561) 569-5505 FAX: (561) 569-1455 ET30ULEVARD,------------ SUITE 401, VERO BEACH• FLORIDA 3 9960 EXHIBIT' "A" PAGE 01 of 40 Attachment $i' - Cost Estimate Cost Summary on tructlon _ Phase ! Oslo Road/19th Ave/10th Street Phase it 19th Ave/10th Street Phase II 20th Ave Total $ $ $ $ 64,789.80 51,484.80 _ 25,205.05 141,479.65 Professional Engineering Desi n/Permittin -Engineering Ins ections/Certitications SurveyDesign Surve Stake-out/As-BuiRs Soil Borings/Testing esting Total $ $ $ $ $ $ Phase I 500.00 750.00 _ 150.00 1,000.00 250.00 2,650.00 $ $ $ $ $ $ Phase II 4,500.00 750.00 600.00 1,500.00 750.00 8,100.00 Total Cost Phase 1 $ 67,439.80 Total Cost Phase II $ 84,789.86 1 of 3 of 40 Attachment 71, Cost Estimate Phase 1 and 11 •• iJ ° This item to be Attachment'B' Cost Estirnate Phase II 20th Avenue - - -'-" --- --'Y aIw ane associated costs are not included in the estimate, of op 0 Ila !i ri INN 1, Attachment "Coe