HomeMy WebLinkAbout2023-268DEVELOPER'S AGREEMENT BETWEEN
INDIAN RIVER COUNTY
AND
MANDALA VILLAGE LLC
FOR RIGHT-OF-WAY DEDICATION AND ASSOCIATED ROADWAY
DRAINAGE IMPROVEMENTS
THIS DEVELOPER'S AGREEMENT ("Agreement") is made and entered into this 1 2th
day of necemher , 2023, by and between INDIAN RIVER COUNTY, FLORIDA, a political
subdivision of the State of Florida, 1801 27h Street, Vero Beach, FL 32960 ("County") and
MANDALA VILLAGE, LLC, a Florida limited liability company, 9086 Castle Harbour Circle,
Vero Beach, FL 32963 ("Developer").
WITNESSETH:
WHEREAS, Developer proposes to develop a "Planned Development/Traditional
Neighborhood Design" (PD/TND) Community located along the north side of 53`d Street, and
West of 58`'' Avenue in Indian River County, Florida, to be known as Mandala Village, to include
a mix of residential, commercial, hotel, recreational, and other uses on real property legally
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
WHEREAS, at its regular meeting on January 21, 2020, the Board of County
Commissioners of Indian River County approved the Developer's Planned Development
Traditional Neighborhood Design ("PDTND") rezoning request and granted conceptual PD plan
approval for "Mandala Village" ("Conceptual Plan"); and
WHEREAS, a developer's agreement for right-of-way dedication is required as a condition
of PD/TND approval; and
WHEREAS, the County and the Developer share mutual goals and have determined that
they can assist each other with respect to right-of-way dedication, roadway and drainage
improvements, and other improvements described herein and required by the PD/TND 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:
1. Recitals: The foregoing recitals are incorporated as if fully restated herein.
2. County acknowledges that approximately 1,289 feet of right of way for 53`d Street
has already been dedicated to the County along a portion of the Project's southern
border recorded at O.R. Book 3058, Page 293, Public Records of Indian River
County. Developer shall, withir�k4 days of approval of this Agreement, , dedicate
to the County 120 feet of right of way for 53`d Street along the remainder of theP-;I��
Project's southern border. OV
3. The Developer acknowledges that the County has constructed a 300 -foot four -lane
segment of 53`d Street, west of 58th Avenue, along with full signalization of the
intersection, as part of the 58t' Avenue widening project to accommodate future
development of this project.
4. Prior to the issuance of a certificate of completion for Phase 1 of the project, the
Developer shall design, permit, and construct the continuation of the roadway
improvements from the west leg of the intersection of 53rd Street and 58th Avenue
as a two-lane road to the Project's main entrance on 53rd Street for a distance of
approximately 800 feet west of 58th Avenue together with a transition lane from
the existing four -lane road to the two lane extension to the Developer's main
entrance in accordance with design and engineering plans that shall be approved
through the County right-of-way permitting process in accordance with Chapter
312 of the Indian River County Code of Ordinances, of which review and approval
shall not be unreasonably withheld or delayed. All such plans shall include the
required sidewalks on the north side of the road. Failure by the County to reply to
the Developer's completed submission of such plans and specifications within 30
days per submittal shall constitute approval.
5. The Developer shall receive traffic impact fee credits for all design, engineering,
permitting, and construction costs associated with the 53`d Street improvements
described herein paid or contributed by the Developer, except for those costs
associated with site related turn lanes or other site related improvements; and any
landscaping in excess of the landscaping required by County Ordinance. These
shall be considered "non -reimbursable costs"."
6. Prior to the issuance of a certificate of completion for Phase 1 of the Project, the
Developer shall complete, at its own cost and expense, the following turn lane
improvements:
a. Westbound right turn lane at the Project's full access connection to 53rd Street,
b. Eastbound left turn lane at the Project's full access connection to 53rd Street,
c. Westbound right turn lane at the Project's right in/right out connection to 53rd
Street, located approximately 350 feet west of 58th Avenue Right-of-way.
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7. Prior to the issuance of a certificate of completion for Phase 2 of the Project, the
Developer shall design, permit, and construct a 2 -lane paved road on the north side
of the ROW from the main project entrance to the western boundary of project,
prior to or concurrently with final plat approval for Phase 2 as shown on the
conceptual PD Plan together with a transition lane from the two-lane road to the
existing a two-lane dirt road at the Project's western boundary, in accordance with
design and engineering plans that shall be approved through the County right-of-
way permitting process in accordance with Chapter 312 of the Indian River County
Code of Ordinances., of which review and approval shall not be unreasonably
withheld or delayed. All such plans shall include required sidewalks on the north
side of the road. Failure by the County to reply to the Developer's completed
submission of such plans and specifications within 30 days per submittal shall
constitute approval.
8. Developer and County acknowledge that the Developer shall dedicate ten feet (10')
along the project's 58d' Avenue frontage with corner clip as shown on thheS410
Preliminary Plat withinf Q days of approval of this Agreement.
0
9. At the time Developer elects to develop the Project, Developer agrees to incorporate
sufficient capacity in the Project to provide stormwater treatment for that portion
of 53rd Street which is adjacent to the Project. In addition, Developer shall dedicate
a non-exclusive easement to the County to access, maintain, and utilize an
appropriate stormwater tract for such purpose. If prior to the development of the
Project, Phase 1 or Phase 2, the County moves forward with design, permitting, and
construction of 53`d Avenue west of the current termination point of the four -lane
section, the Developer agrees to provide a location for temporary stormwater
facilities. The County shall be responsible for costs associated with the design,
permitting, and construction of the temporary facility.
10. Prior to the issuance of a land development permit for Phase 1, the Developer shall
provide a final design, acceptable to the county, for a public transit stop.
11. 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 the
parties hereto.
C. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their successors and assigns.
Mandala Village DA 9-8-22
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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 Mandala Village.
F. No Building Permit, Certificate of Completion, or Certificate of Occupancy
shall be withheld or delayed by the County for Mandala Village 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 for the right-of-way dedications, roadway and stormwater
improvements as described herein the County shall not require the
Developer to construct, contribute to, or share in the costs of any off-site
traffic improvements other than the payment of traffic impact fees as
reduced by the traffic impact fee credits per the terms of this Agreement.
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
Mandala Village DA 9-8-22
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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.
Mandala Village DA 9-8-22
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
first above written.
BOARD OF COUNTY COMMISSIONERS ,.••'Z61NAM
,
INDJANIZT ER COUNTY�RIDA�7 a "S" ' .'...
By: ,
Su Adams, Chairman
B roved: Deer Pr 12, 2023 ' 'LR�YER COON'
Appr v d b
Jo n A. Titkanich, Jr. County Administrator
Attest: Ryan L. Butler, Clerk of the Circuit
Court and Comptroller
By: G
Deputy Clerk
Approved as to Form and Legal Sufficiency:
William K. DeBraal, ounty Attorney
Mandala Village DA 9-8-22
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Signed, sealed and delivered
in the presence of:
Print Name: Mzxz, We-S5,ed-1
Print Name: 1 iP "A"IL &' V
STATE OF 'JP -10 r' &C4 -
COUNTY OF n py'
MANDALA VILLAGE, LLC
By: DAVID EDERER, Managing Member of
The foregoing instrument was acknowledged before me this day of 1>
zPD7
2023, by -XW*j A F e Cep(' , the Managing Member of 3V Development, LLC the
Manager of Mandala Village, LLC, a Florida limited liability company, who is personally known
to me or who has produced .Fjc %yu✓s Lteems identification.
(Notary Seal)
rrw
,. TAREEGLANVILLE
.: MY COMMISSION # HH 103825
�Pa EXPIRES: March 11, 2025
.FddFl4• Bonded Thru Notary Public Underwriters
Mandala Village DA 9-8-22
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Print Name:CZ"ViTe-
Notary Public '#*- A 4 103 g-25
My Commission Expires: -r►1" l j 1 ,;Va`j
3120250019339
RECORDED IN THE PUBLIC RECORDS OF
RYAN L. BUTLER, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3769 PG 1891 Page 1 of 4 4/21/2025 10 36 AM
D DOCTAX PD $0.70
This instrument prepared by:
Charles W. Edgar, III, Esq.
Cherry, Edgar & Smith, P.A.
8409 N. Military Trail, Suite 123
Palm Beach Gardens, FL 33410
Please return to:
Jennifer W. Shuler, Esq.
County Attorney
County Administration Building
180127" Street
Vero Beach, FL 32960
Parent Tract Property Parcel Nos.: 32391700001016000001.0
32391700001016000002.0
32391700001016000003.0
RIGHT OF WAY DEED
THIS Right -of -Way Deed, made this I day of April, 2025, between MANDALA
VILLAGE, LLC, a Florida limited liability company, having its principal address at: 9086 Castle
Harbor Drive, Vero Beach, FL 32963 ("Grantor"), and INDIAN RIVER COUNTY FLORIDA,
a political subdivision of the State of Florida, the address of which is 1801 27 h Street, Vero Beach,
FL 32960, ("Grantee"):
WITNESSETH:
That the said Grantor, for and in consideration of the sum of One Dollar ($1.00) to it in
hand paid by the Grantee, receipt whereof is hereby acknowledged, and. for other good and
valuable consideration, does hereby grant, bargain, and sell to the Grantee, and its successors in
interest, for the purpose of public highway and purposes incidental thereto, the following described
land, situate, lying and being in the County of Indian River, State of Florida, to -wit:
SEE EXHIBIT "A", ATTACHED HERETO BY THIS REFERENCE AND MADE A PART
HEREOF.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
To Have and to Hold, the same in fee simple forever.
APPROVED S TO FORM
AND LEGA SUFFICIENCY
BY
U R
DEPUTY COUNT ATTORNEY
C:\USERS\SPRADOWPPDATA\LOCAL\MICROSOFnWINDOWS\INETCACHE\CONTENT.OUTLOOK\YOG25N4S\RIGHTOF WAY DEED
240627. V2.DOCX
In WITNESS WHEREOF, grantor, has hereunto set grantor's hand and seal the day and year
first above written.
Signed, sealed, attested .and delivered
in the presence of:
UW41�� "��?
Z6--a-z
Print Name: N
Address: LOQ/
PPHnt Name: Ly CES 44fg-Ky
Address: Ide -Q7 S I—
!/,-nw F,-- a
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
MANDALA VILLAGE, LLC, a Florida
limited liability company
By: 3V Developme Florida
limited liab' ' anag
B.
David Ederer, Manager
ACKNOWLEDGMENT
9086 Castle Harbor Drive
Vero Beach, FL 32963
The foregoing instrument was acknowledged before me by means oft physical presence or
O online notarization, this /C day of April, 2025, by David Ederer, Manager of 3V Development,
LLC, a Florida limited liability company, as Manage of Mandala Village, LLC, a Florida limited
liability company, on behalf of the company, who is O personally known to me or has C&produced a
& On wPj 14Cgs a as identification.
2
otary Public State of Kbrida. at Large
Name Printed: Cilfl iS iA0- M,o o ('C.
My Commission Expires:
Commission No.:
(Notary Seal)
."""'••
o�P/lY PV %�i
CHRISTINA MOORE
Notary Public - State of Florida
_• •=
Commission # HH 512841
?� fid:•`
••° ��"�•
My Comm Expires Apr 7, 2028 2oz$
Bonded through National Notary Assn.
2
otary Public State of Kbrida. at Large
Name Printed: Cilfl iS iA0- M,o o ('C.
My Commission Expires:
Commission No.:
(Notary Seal)
DESCRIPTION OF RIGHT OF WAY DEDICATION
THE NORTH 120.00 FEET OF THE SOUTH 150.00 FEET OF THE EAST ONE-HALF (1/2) OF TRACT 14 OF SECTION 17, TOWNSHIP 32
SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY
SUBDIVISION, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2,
PAGE 25 SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
AND
THE NORTH 120.00 FEET OF THE SOUTH 150.00 FEET OF TRACT 15 OF SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, FILED IN THE OFFICE
OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND NOW LYING AND
BEING IN INDIAN RIVER COUNTY, FLORIDA.
AND
THE WEST 10.00 FEET OF THE EAST 50.00 FEET OF TRACT 16 OF SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING
TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, FILED IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25.
LESS AND EXCEPT THEREFROM THE NORTH 125.00 FEET FOR INDIAN RIVER FARMS DRAINAGE DISTRICTS (NOW INDIAN RIVER
FARMS WATER CONTROL DISTRICT) NORTH RELIEF CANAL AS RECORDED IN CHANCERY BOOK NUMBER 2, PAGE 493, PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND THE SOUTH 30.00 FEET FOR 53RD STREET ROAD RESERVATION AS SHOWN ON
THE AFOREMENTIONED PLAT BOOK 2, PAGE 25.
AND ALSO, LESS AND EXCEPT THAT CERTAIN ROAD RIGHT OF WAY DEDICATION DESCRIBED IN OFFICIAL RECORDS BOOK 3058,
PAGE 293, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
THE ABOVE-DESCRIBED RIGHT OF WAY DEDICATIONS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, AND
CONTAINING 249,387.22 SQUARE FEET (5.72 AC.), MORE OR LESS.
SURVEYOR'S GENERAL NOTES AND REPORT:
1. UNLESS IT BEARS THE ORIGINAL SIGNATURE AND SEAL OR A VERIFIABLE DIGITAL SIGNATURE AND SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS
NOT VALID.
2. BEARINGS AND OR COORDINATES SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT
OF 2011, AND ARE PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901) AND ARE
REFERENCED TO THE LINE SHOWN HEREON LABELED AS THE BEARING BASIS.
3. THIS SKETCH AND DESCRIPTION HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT AND USE OF THE PERSONS AND/OR
ENTITIES NAMED HERON FOR THE PURPOSES IDENTIFIED HEREON ONLY. UNLESS OTHERWISE STATED, CERTIFICATION OF
THIS SKETCH AND DESCRIPTION APPLIES ONLY TO THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION
472.027, FLORIDA STATUTES. THE SKETCH AND DESCRIPTION IN NO WAY CONSTITUTES NEITHER GUARANTY NOR
WARRANTY TO ANY OTHER INFORMATION NOT SHOWN HEREON. ADDITIONS, DELETIONS OR REVISIONS TO THIS DRAWING BY
OTHERS ARE NOT PERMITTED AND THIS SKETCH AND DESCRIPTION MAY NOT BE TRANSFERRED WITHOUT THE EXPRESSED
WRITTEN PERMISSION OF THE SIGNING SURVEYOR. THIS SURVEY IS NOT VALID FOR ANY OTHER PURPOSE OTHER THAN
INTENDED BY THE SIGNING SURVEYOR.
4. THE DESCRIPTION WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER AS REQUESTED BY THE CLIENT. THIS
PARCEL WAS NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR ENCUMBRANCES OF RECORD. THE HEREON
DESCRIBED PARCEL IS SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
MATTERS OF RECORD NOT BROUGHT TO THE SURVEYORS ATTENTION BY THE CLIENT, THEIR AGENT OR AS DISCLOSED BY A
FURNISHED TITLE INSURANCE POLICY WERE NOT INCLUDED. NO TITLE COMMITMENT OR ABSTRACT WAS FURNISHED FOR
THE PREPARATION OF THIS SKETCH AND DESCRIPTION.
5. THIS SKETCH AND DESCRIPTION CONSISTS OF 2 SHEETS AND SHALL NOT BE CONSIDERED COMPLETE AND OR VALID UNLESS
ALL SHEETS ARE PRESENT.
REFERENCES:
BOUNDARY & TOPOGRAPHIC SURVEY PREPARED BY CARTER ASSOCIATES, INC. PROJECT #16-415S, FIELD BOOKS 774141+,
768/34, 637(70+, DRAWING No. 20391-C, DATED NOVEMBER 2016.
LEGEND
AC. ACRES
I.R.F.W.C.D. INDIAN RIVER FARMS WATER CONTROL DISTRICT
I.R.CO., FL. INDIAN RIVER COUNTY, FLORIDA
S.LCO., FL SAINT LUCIE COUNTY, FLORIDA
P.R. PUBLIC RECORDS
ORB OFFICIAL RECORDS BOOK
PG. PAGE
TWP. TOWNSHIP
RGE. RANGE
SQ. FT. SQUARE FEET
F.P.&L.CO. FLORIDA POWER AND LIGHT COMPANY
R.O.W. RIGHT OF WAY
(C) CALCULATED DATA
(P) PLAT DATA
T.I.I.F. TRUSTEES OFTHE INTRERNAL IMPROVEMENT FUND
REVA - REVISE PER COUNTY COMMENTS -EJH-&824
/h A I CARTER ASSOCIATES, INC.
CERTIFIED TO:
INDIAN RIVER COUN'
DAVID E. LUETWE, P. IPj ' SIONATUR a
LICENSE REGISTRATION 1 0�
CARTERASSOCIATES,INC. 11 SU7VBy0
LICENSED BUSINESS NO. 20S
RIGHT OF WAY DEDICATION
EXHIBIT 'A'
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SECTION 17,
TOWNSHIP 32 SOUTH,
RANGE 39 EAST
N
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N 00'09'03 E 1326.28'
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100'
RESERVATION DEED
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/
I
No.
738, I.R.CO., FL. T.I.I.F.
EAST1/2
(DEED
BOOK 68, PAGE 61)
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NORTH 120.00'
NORTH LINE
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TRACT 15
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MAPS
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THE INFORMATIONAL
THE
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