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Home My WebLink About2023-202DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND INDIGO VERO, LLC THIS DEVELOPER'S AGREEMENT (Agreement) is made and entered into this 12 day Of.,prt Amhar , 2023, by and between INDIAN RIVER COUNTY, FLORIDA, apolitical subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County") and INDIGO VERO, LLC, a Florida limited liability company, 2061 Indian River Boulevard, Vero Beach, FL 32960 ("Developer"). WITNESSETH: WHEREAS, Developer proposes to develop subdivision comprised of residential condominium and single family residences located at the eastern terminus of 46' Place East and south of Tracking Station Park in Indian River County, Florida, to be known as "Indigo Vero Beach" ("the Development") 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 roadway and drainage improvements, intersection improvements, and other improvements described herein and required as a condition of the Indigo Vero 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. a. Improvements: The Developer and County agree that the improvements described in Exhibit `B" shall be completed by the Developer ("the Improvements") with an estimated time for completion of XXX subject to extension(s) resulting from matters outside the control of Developer (e.g. natural disasters and weather events, supply shortages, labor availability, etc.). b. Developer shall construct the Improvements in accordance with the approved plans, Indian River County Right -of -Way permit number 2021100436 and FDOT permit number 2023-A-490-00041 (access) and FDOT permit number 2023-D-490-00025 (drainage). c. County will be the permittee for any FDOT permit required and that the Developer will be responsible for obtaining the permit. d. The costs of the Improvements shall be apportioned such that the Developer shall pay for eighty percent (80%) of the total cost of the Improvements and County shall pay for twenty percent (20%) of the total cost of the Improvements. The parties agree that the estimate of costs attached hereto as Exhibit "C" represent amounts consistent with the intent of the parties. e. Developer shall post a construction bond as required by the Indian River County Code of Ordinances Chapter 312.11 -Performance Security. f. County will reimburse Developer for its agreed upon, proportionate share of the total cost of the Improvements upon the completion of the Improvements and the provision of evidence of payment for all costs and expenses associated with the Improvements. More specifically, Developer shall advance and pay all costs and expenses associated with the completion of the Improvements and shall obtain all releases and lien waivers from each party providing services, labor and/or materials for the completion of the Improvements. Upon the completion of the Improvements, Developer shall present evidence of payment and the aforementioned lien clearances to County who shall reimburse Developer for its agreed upon and proportionate share of the costs for the completion of the Improvements. County shall pay all amounts due Developer under this agreement within forty-five (45) days of the delivery of the documents and payment evidence required hereby. g. 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. h. County and Developer will coordinate construction schedules so that Tracking Station Park will be open for normal vehicular traffic during the regular, posted hours for park access. Closures of the park, if any, shall be coordinated with the County and posted at least fourteen (14) days in advance of the park closing. Developer shall provide for maintenance of traffic continuity as required by its construction schedules. Developer shall coordinate construction of 46th Place with adjacent business operators (CVS and 7-11) to keep the closure of each businesses ingress/egress driveways to a minimum and that any closures of the driveways be noticed to said operators in advance. i. In the event the Developer has not received its Land Development Permit, Certificate of Completion for Indigo Vero Beach or other administrative authorization(s) or permit(s) required for the completion of the Development by the time the County is ready to issue a Notice to Proceed with construction of the Improvements to the extent necessary and applicable, the Developer shall permit the County or the County's contractor, to construct the necessary Improvements and the County shall permit the Developer to do so as well. j. Compliance: All road construction by the Developer pursuant to this Agreement shall be in compliance with all applicable, governing standards. 2 Miscellaneous: A. In the event of any litigation arising out of this Agreement, the prevailing party shall recover attorneys' fees and costs from the non -prevailing party. B. 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. C. This Agreement shall be binding upon and inure to the benefit of the parries hereto and their successors, and assigns. D. 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. E. 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 Indigo Vero Beach. F. No Building Permit, Certificate of Completion, or Certificate of Occupancy shall be withheld or delayed by the County for Indigo Vero Beach 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. G. 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 construct, contribute to, or share in the costs of any off-site improvements other than the payment of impact fees. H. 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. I. 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. J. 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. K. 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. L. 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. M. 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. N. 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. O. 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 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. Signed, sealed and delivered in the presence of : Print Name.v� ao�Y Lisa Plesnarski Print Name: l l`i Kimberly,y. Moirano 4 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA. y �aeinniss o.,.. By: Joseph H. E 46�io:* '�•. roe: moo; •. � : oQ; Appr ed by John A. Ti kanich, Jr., County r Administrator Approved as to Form and Legal Sufficie William K. DeBraal, County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER BCC Approved: September 12, 902 Attest: Ryan Butler, Clerk of Court and Comptroller / Ueputy Clerk The foregoing instrument was acknowledged before me by means of [X] physical presence or U online notarization this i2- day of , 2023, by Joseph H. Earman, as Chairman of the Board of County Commissioners, who is personally known to me or who produced as identification. 1(4 K. Y�-40".'ono (Notary Seal) Printed N Si ed sealed and delivered ' KOX ERLY K MOIRANO MY COMMISSION #� HH 368126 in the presence of- Signed, f;mss; April 9, 2W INDIGO VER9,, LLC, a Florida limited Print Name: liability comp y Print Name: Y*f F. Zana, Manager STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of [X] physical presence or [_] online notarization this /j, day of , 2023, by Yane F. Zana as Manager of INDIGO VERO, LLC, a Florida limited liabili company, who is personally known to me or who has produced _0l uj-VS L f�as identification. LUANNE CLARK Commis # HH 285338 „M1o!i, E)*n November 6, 2028 Print Name: (Notary Seal) Notary Public My Commission Expires: Exhibit "A" Legal Description BEING A PARCEL OF LAND LYING IN THE EAST 10 ACRES OF GOVERNMENT LOT 1 (THE SAME BEING KNOWN AS THE GOVERNMENT TRACKING STATION), SECTION 20, TOWNSHIP 32, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA. THE BOUNDARY OF SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF SAID SECTION 20, RUN N89°42'15"E ALONG THE SECTION LINE 346.80 FEET, MORE OR LESS TO A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF AFORESAID GOVERNMENT TRACKING STATION FOR THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE RUN N0093' 15 "E ALONG THE WEST LINE OF SAID TRACKING STATION, 197.00 FEET; THENCE RUN S89°15'45"E, 131.47 FEET; THENCE RUN N00012'06"E 294.90 FEET; THENCE RUN N45°28'41 "E, 21.11 FEET; THENCE RUN S89015'45"E 154.28 FEET; THENCE CONTINUE S89015'45"E, 110.75 FEET, MORE OR LESS TO THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN; THENCE MEANDER SOUTHEASTERLY ALONG THE MEAN HIGHWATER LINE, TO THE SOUTH LINE OF SAID SECTION 20; THENCE RUN S89°42'15"W ALONG THE SECTION LINE, 542.43 FEET TO THE POINT OF BEGINNING. 7 Exhibit `B" Description of Improvements vV $IWII ps'"I M/1" INDIAN RI FR SWRE-5, FL 3,996,5 PARM IDLN77ROA HCW A UNE AM NOW 32401900021000000001, 0 US (a1Ni"ro4k ONLY] CVS A PAWAM OWD4) Wom "m VAT— ......... 46TH PLACE EAST bm PAM JW. UMMY -7— -7 In V Q.1 ko % % % % NS 00 MM MT SITE PLAN - 46TH PLACE EAST IRC PARK a --- ----- -- - I INDIGO SITE 0 cn m I Exhibit "C" Opinion of Probable Costs of Improvements COST ESTIMATE 46TH PLACE E IMPROVEMENTS INDIGO Item Description Quantity Unit Unit Price Total Price 1000 Demo and Earthwork 01 Mobilization 1.00 LS 10000.00 10,000.00 02 Maintenance Of Traffic 1.00 LS 15000.00 15,000.00 03 Maintenance Of Traffic 1.00 LS 12500.00 12,500.00 04 Silt Fence - Furnish And Install 700.00 LF 3.50 2,450.00 05 Construction Entrance 1.00 EA 4500.00 4,500.00 06 Other SWPP Requirements 1.00 EA 10000.00 10,000.00 07 Remove Asphalt 1,330.00 SQYD 4.50 5,985.00 08 Excavate Retention Pond 2.00 EA 11500.00 23,000.00 09 Grade ROW And Behind Curb 1.00 LS 8000.00 8,000.00 10 Grade Swale 300.00 LF 11.00 3,300.00 11 Remove Existing 2" WM 1.00 LS 3000.00 3,000.00 12 Remove Existing FM 1.00 LS 5000.00 5,000.00 13 Remove Base Rock 1,330.00 SQYD 8.00 10,640.00 14 Sod 3,540.00 SQFT 2.30 8,142.00 15 Irrigation Repair 1.00 LS 2000.00 2,000.00 Total: 123,517.00 2000 Roadway 01 1" FC-9.5 (TL-C Asphalt) 1,400.00 SQYD 35.00 49,000.00 02 2" Asphalt Pavement 1,450.00 SQYD 38.00 55,100.00 03 10" Coquina Base 1,600.00 SQYD 26.00 41,600.00 04 ERP-1 Prime 1,600.00 SQYD 1.00 1,600.00 05 12" Stabilized Subgrade 2,000.00 SQYD 7.50 15,000.00 06 Type F Curb 320.00 LF 36.50 11,680.00 07 Type D Curb 270.00 LF 28.00 7,560.00 08 6" Concrete Sidewalk In R/O/W 2,182.00 SQFT 10.50 22,911.00 09 6" Concrete Paving 300.00 SQFT 11.25 3,375.00 10 Handicap Ramps (with A.D.A. 7.00 EA 1050.00 7,350.00 11 Concrete Flumes 3.00 EA 2125.00 6,375.00 12 Striping & Signage (Thermo) 1.00 LS 11250.00 11,250.00 13 Temp Asphalt Driveway 2.00 EA 6500.00 13,000.00 Total: 245,801.00 3000 Drainage Items 01 Type C Inlet 2.00 EA 8,700.00 17,400.00 02 Storm Sewer - 12 X 18" ERCP 161.00 LF 130.00 20,930.00 03 Mitered End Section 3.00 EA 1,950.00 5,850.00 Total: 44,180.00 Other 01 Fence and Gate at Park 1.00 LS 35,000.00 35,000.00 02 Survey - Stake-out/ As-Builts 1.00 LS 25,000.00 25,000.00 03 Testing (Geotech) 1.00 LS 10000.00 10,000.00 04 Engineering Design and Inspections Summary Total For Demo and Earthwork Total For Roadway Total For Drainage Total For Other CERTIFICATE OF COST ESTIMATE 1.00 LS 80000.00 80,000.00 Total: 150,000.00 123,517.00 245,801.00 44,180.00 150,000.00 Total: 563,498.00 Surety Amout (115%) 648,022.70 I, Joseph W. Schulke, A Florida registered engineer, License No. 47048, do hereby certify to Indian River County that a cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit. This estimate has been prepared, in part, to induce approval by the county of a cost estimate for the above referenced project, and for the purpose of establishing proper surety amounts associated therewith. (Signature) (Date) Joseph W. Schulke, P.E., Florida Registered Engineer License No. 47048