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Home My WebLink About1999-1967/20/99(P0lNTEWEST),(PWD) DEVELOPER'S AGREEMENT BETWEEN / INDIAN RIVER COUNTY, FLORIDA 9 AND POINTE WEST OF VERO BEACH, LIMITED PARTNERSHIP THIS AGREEMENT, entered this 2 7 t h day July , 1999 by and between N INDIAN RIVER COUNTY, FLORIDA. a political subdivision of the State of Florida, 1840 25t1 Street, `Zero Beach, Florida, 32960 hereafter called "COUNTY" and POINTE WEST OF VERO BEACH, LIMITED PARTNERSHIP(Generat partner is Pointe West of Vero Beach, Inc.), 4445 Highway AIA, Suite 250, Vero Beach, FL 32963, hereafter referred to as the "DEVELOPER." WITNESSETH WHEREAS, the DEVELOPER owns a 602.99 acre parcel of land along the south side of State Road 60 west of 66" Avenue, known as Pointe West Development (Indian River County Project Number 98050151-002), 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, drainage, and -atility facilities for 741h Avenue, 16t1 Street, 121h Street, and 8`h Street in conjunction with the development of DEVELOPER property located south of SR60; and; WHEREAS, both the COUNTY and DEVELOPER can assist each other through a joint effort that will facilitate improving the roads, providing stormwater treatment, signalizing and improvement intersections, and expanding utilities. NOW, THEREFORE, in consideration ofthe mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows: 1. The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. Indian River County Public Works Department is currently designing the paving of a two-lane road along 74" Avenue between SR60 and 16`1 Street. This project requires extensive right of way acquisition. The COUNTY will diligently strive to acquire needed right of way and complete the road paving by December 31, 1999. Th- (0 TT�TTV ewe � t �uuiaut%t wi -lincilun Uy December 31, i999. Prior to any Certificates of Occupancy (C.O.)or Certificate of Completion being issued by COUNTY for Phase I(Golf Course, and School Site), the following road construction shall. by ivcomplete:,ete:,cw. a. Pave 74t1 Avenue as a two-lane road with left turn lanes at all major intersections (101 Street, SR60, and 12" Street) between SR60 and 1211 Street or provide a paved access from SR60 through the project to any building requesting a Certificate of Occupancy and manage irafi7c so that 74"' 1 Avenue is not impacted by the development traffic, including construction traffic. In any event, 7411 Avenue must be paved within six months after all right-of-way (R/W) is acquired by the COUNTY or by December 31, 2001, whichever is later. Instead of the COUNTY constructing 7411 Avenue, the DEVELOPER may construct ® 74`1 Avenue between SR60 and 1211 Street after the COUNTY acquires needed right of way, subject to the Public Works Director approving construction costs based O upon competitive bids. Performance Bond, Payment Bond and proper insurance will be required. 0 The estimated cost of the project is $400,000 plus R/W acquisition. The DEVELOPER shall pay the costs of site related turn lanes, if any are needed. The COUNTY shall pay 100%ofthe cost of the project between SR60 and 16" Street. The COUNTY and DEVELOPER shall each pay 50% of the cost of the project between 161h Street and 12t1 Street, with the exception of site related left turn lanes. The DEVELOPER shall dedicate 60' of right of way for 74' Avenue, without compensation, along the project's 74t1 Avenue frontage. The COUNTY shall purchase any additional right-of-way required for 74'1 Avenue from DEVELOPER at fair market value. ($12,000 - $15,000 per acre) The preliminary Planned Development plans for Phase I of the DEVELOPER's project shall include a golf cart path design for the 74i1 Avenue crossing acceptable to the Public Works Director. 3. Prior to the issuance of the first Ceitificate of Occupancy or Certificate of Completion for Phase IA (SR60 entrance, entrance road, one Town Center block, and several residential blocks), the DEVELOPER shall design, obtain permits, and construct 161 Street as a two-lane road, with left turn lanes as needed from 74t1 Avenue to the west property line of Pointe West. As an alternative, DEVELOPER may provide a paved access from SR60 through the project to any building requesting a Certificate of Occupancy prior to Dec. 2001, and manage traffic so that 16i1 Street is not impacted. In any event, the paving of 16t1 Street must be complete by Dec. 31, 2001. Stormwater management for the project shall be routed to the Pointe West project where necessary as approved by the Public Works Director. The COUNTY shall approve all design, permit applications, and contract documents prior to construction. The design from the west property line of West Lake Estates easterly along lots 10, 11, 12, 13, 14, 15, and 16 shall include a culvert within the Indian River Farms Water Control District canal (IRFWCD) per the Districts design rrrniirnni�nta. r__ this 1^.ewt:o, 1 vi1 ."i,rCot shall �C Gviiai[7icicii wiilull UIe existing SU° road right-of-way and the existing 30' canal right-of-way. From the east property line of lot 12, West Lake Estates, the road shall transition northerly to align with the desired location of i611 Street Cast of 74" Avenue. The COUNTY shall not obtain any additional right-of-way from lots 10 through 16, West Lake Estates, but right-of- way shall be acquired from the Developer south of the 1611 Street sublateral canal. A six (6) foot opaque feature (concrete wall) will be constructed along 16i1 Street J adjacent to lots 10 thro„gl? 16 Wept Lake Estates. Cost shall! be aEiNrvJeu by by ttie 2 i Public Works Director and determined by the DEVELOPER obtaining at least three competitive bids from licensed, insured contractors. Performance and payment bonds shall be acquired with the COUNTY being named a party to the bonds. Costs shall be shared 50% by DEVELOPER and 50% by COUNTY, or the DEVELOPER. may pay 100% of the costs under a Traffic Impact Fee Credit Agreement approved 40 by the COUNTY. Right of Way to be acquired by the COUNTY, as soon as possible. The DEVELOPER shall dedicate 30' of additional right of way along the ® project frontage at no cost to the COUNTY as required in the County LDR's. If eminent domain is required, the DEVELOPER and COUNTY shall pay legal fees, • appraisals, and related costs. In addition, the paving of 161 Street from the west Pointe West property line to 821 ' Avenue shall be designed, permitted and constructed by DEVELOPER under the same conditions as established above for the eastern section. The COUNTY shall pay 100% of the cost after approval by the Public Works Director. All right of way acquisition shall be acquired by the COUNTY, with the DEVELOPER's cooperation. The estimated cost of the construction of entire one mile project is $700,000, plus R/W acquisition. 4. Prior to the issuance of the first Certificate of Occupancy for any unit east of 741 Avenue, (except the Golf Maintenance Facility) 161 Street shall be designed, permitted, and constructed from 741 Avenue to the projects easternmost property line (approx. 1 mile), by the DEVELOPER. The COUNTY shall approve all design, permit applications, and contract documents prior to construction. Cost shall be approved by the Public Works Director and shall be determined by the DEVELOPER obtaining at least three competitive bids from licensed, insured contractors. Performance and payment bonds shall be acquired with the COUNTY being named a party to the bonds. Funding to be 50% COUNTY and 50% DEVELOPER. In addition, the DEVELOPER shall pave 16' Street between the east property line of Pointe West and 661h Avenue. Funding shall be 100% by County. The COUNTY shall acquire needed right of way. The estimated cost of the project is $600,000, plus R/W acquisition cost. 5. Prior to the first Certificate of Occupancy for any residential unit within the equestrian facility, the DEVELOPER shall design, permit, and construct a two-lane paved roadway along 121 Street from 741 Avenue to 82"1 Avenue. The estimated rnet of this 1 mai fr�ns� �� cern nnn f n nv ,,,b�' O Yauo iv rr acquisiti0il. TIIG COUNTY Small approve all design, permit applications, and contract documents prior to construction. Cost shall be approved by the Public Works Director and shall be determined by the DEVELOPER obtaining at least three competitive bids from licensed, insured contractors. Performance and payment bonds shall be acquired with the COUNTY being named a party to the bonds. Funding for the DEVELOPER's frontage (approx. 1 mile) shall be 50% COUNTY, 50% DEVELOPER. The COUNTY shall fund 100% of the remainder. The DEVELOPER shall dedicate right of way along 12'" 3 Street project frontage to provide a minimum 60' R/W without compensation. The COUNTY shall purchase any additional right-of-way required for 121 Street both east and west of 74"' Avenue from DEVELOPER at fair market value ($12,000 - $15,000/acre). 6. The intersections of 161 St./74th Avenue, SR60/74th Avenue, and 16' Street/Main 40 Project entrance, shall be monitored on a 2 -year interval beginning Jan. 1, 2001 until buildout of the project to determine the need for signalization. If signals are required, ® the DEVELOPER shall fund a portion of the costs related to project impact. 7. The DEVELOPER shall dedicate 30' of right-of-way along 81 Street along the ® project frontage without compensation. The COUNTY shall purchase any additional right-of-way required for 81 Street from DEVELOPER at fair market value.($12,000 - $15,000/acre) 8. Time is of the essence as to all matters pertaining to this Agreement. 9. In the event of 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. 10. 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. 11. 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 representation, 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 Renders shall each include the others. 16. COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fijlly 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 4 40 0 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 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. 19. 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, 20. In the event any tern, 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 tern, condition, or clause hereof, provided of the parties, as set forth in this Agreement. IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. POINTE WEST OF VERO BEACH, BOARD OF COUNTY COMMISSIONERS LIMITED PARTNERSHIP INDIAN RIV R COUNTY, FLORIDA `- Kenneth R.Nfacht, Chairman WITNESS: Attest: Jeffrey . Barton Clerk o �hC2 WITNES9-;)�X011LAI-) (Corporate seal is 4ceptable in place of witnes ) HPublic Works\Rebecca\Contract\pointe west.dev Indian River County Approved Date Administration Budget 7 % Legal Risk Management Public Works s 40 EXHIBIT "A" � rw_ .t �h J n O z 2 u W N Q M 0 z W w Lli V) ■ u= F3 N