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Home My WebLink About2000-061• C 1 -`7- 00 DEVELOPER'S AGREEMENT BETWEEN Il'+DIAN RIVER COUN'T'Y, FLORIDA AND HOMEI )WN HESS T141S AGREEMENT made this 7th day of March __, 2000 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida 32460, hereafter called "COUNTY" and Bhaskar Barot ,, 4110 Old Dixie Highway, Vero Beach, Florida 32967, hereafter referred to as the "DEVELOPER." WITNESSETH: WHEREAS, the Developer owns a 1..5 acre parcel of land located on the weslside of U.S. I between 41st and 42nd Street, which is legally described on Exhibit "A" attached hereto and incorporate herein by reference, and WHEREAS, the County and Developer share mutual concerts with respect to road and drainage facilities for the westside of U.S. l between 41st and 42nd Streets and development of a convenience store located between 41st and 42nd Streets. WHEREAS, both the County and Developer can assist each other through a joint effort that will facilitate widening the road 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: The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. The Developer shall design, obtain permits, and construct a southbound right tunt lane along U.S. Highway 1 between 41st surd 42nd Streets. The Developer shall fund the cost of the turn lane north of the project driveway connecting to US 1. Tile County shall fund $10,558.93 of the cost of the tuni lane between the project driveway and 41st Street. The roadway portion of the project cosi is $42528.00. Thi; Developer has obtained at least two competitive bids for the project as approved by the Public Works Director. The Developer shrill laity this remaining. $25,969.07. do 4111 0 3. The Developer shall design and obtain permits for the drainage improvements of the U5 1 roadway improvements. The County shall pay the cost of the US 1 drainage improvements. The cost of those improvements is $44,182.00. 4. The cost of engineering design services if $7,736.62. The County shall pay $5,000.00 of the cost and the Developer shall pay the remainder, $2,236.62. 5. 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 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 ineurred 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 benefit of the parties hereto and their personal representatives, heirs, successors, and assigns. 9. 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. 10. This Agreement and all matters arising hereunder shall be governed by and construed in accordance wid) the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 11, 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 [lie others. B. 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 fully with one another in order to carry out the terms and conditions hercof and comply with the express intention of this Agreement. 14. Failure to insist upon strict compliance with any of the teens, ct vettants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any onf- time or times b:., ricem :d it waiver or rchtiquishment of such right or power at any other time or times. 4D 4D 40 C1 15. All words, terms and conditions contained herein are to be read in concert, each with the other, and a provision contained under one paragraph my be considered to be equally applicable under another in the interpretation of this Agreement. 16, The works herein and th r o and words of similar import, without reference to any particular section of subdivision of this Agreement, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. 17. 1n 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 term, condition, or clause hereof, provided of the parties, as set forth in this Agreement.. C-1 C-1 • 40 IN WITNESS WHEREOF, the County and Developer have caused these presents to be executed in their names the clay and year first above written. BHASKAR BAROT BOARD OF COUNTY COMMISSIONERS 4110 OLD DIXIE HIG14WAY INDIAN RIVER COUNTY, FLORIDA VERO BFACH, FL 32967 BY:b�st BY: Bhaskar Barot Iran Adatns BCC Approved March 7, 2000 WITNESS: ate —� Attest: ]erfrey K. Barton i Clerk�gft r` WITNESS' ` l LC : r"•..... RiVeF s o -my Approved Gc: �.t�ii CfC9S51 F1t10� �� 13ulyc•l (' f' i�eisfr -- r—�'"d p• t�isR M:�rrac��maaait � IrSlerrt_ 2 ivis oert___ STATE OF FLORIDA COUNTY OF INDIAN RIVER r i 4w EXITIIII'I' A LEGAL IIFSCRII"I-ION ANO PLAT Hometown Hess LEGAL DESC'RiP-nON SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39, EAST. BEGIN AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 ❑F THE NORTHWEST 1/4 OF SECTION 26, RUN NORTH ON THE QUARTER SECTION LINE 242.1 FEET, THEN RUN WEST 238.1 FEET,, TO THE WEST RIGHT OF WAY OF U.S. HIGHWAY NO. 1 FOR P❑INT OF BEGINNING. FROM SAID POINT OF BEGINNING, CONTINUE WEST A DISTANCE OF 143.2 FEET TO THE EAST RIGHT OF WAY OF A 20 FOOT ALLEY IN J.T. GRAY SUBDIVISION, THENCE RUN NORTHWESTERLY ALONG SAID ALLEY RIGHT OF WAY A DISTANCE OF 354.10 FEET TO THE S13UTH RIGHT OF WAY OF A 50 FEET STREET, THEN EAST ALONG SAID RIGHT ❑F WAY A DISTANCE OF 141.21 FEET TO THE WEST RIGHT ❑F WAY (117 U.S. HIGHWAY NO, 11 THEN RUN SOUTHEASTERLY ALONG SAID WEST RIGHT OF WAY OF U,S. HIGHWAY NO. I A DISTANCE OF 357.92 FEET TO THE POINT OF BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SUBJECT, HOWEVER, TO AN EASEMENT OVER THE SOUTH 5 FEET OF THE ABOVE DESCRIBED PARCEL FOR THE EXCLUSIVE PURPOSE OF DRAINAGE ON LOTS 15 AND 16 OF J.T. GRAY SUBDIVISION AND THE ABOVE DESCRIBED PARCEL. 02211017 00-3302 Longt{1 of Lana Nnrth of Property I-Ohijlh of in front of property (tem Clear, Demolition, Malnt of Traffic 0aao TYpe S A Asphalt Friclion Course Prime and Tack Curbing Stelppinu Surveying and rtsbuilts Density Testing Asohailt Testlno Totals FDU7 Drainage 29 x 45 EC1P 24 x 38 ECRP Type 4 Curb Inlets 'type F Inlet 'type J Inlet Cut 41st Street Total FUOT Drainage IRC h'orflun CONC PARKING REVISCO FDOT1.123 03.27:27 PM 356 ft 61.06% 227 H 38-94% Intl Cost 41st Strep nuith Prope+ty Lino to Property line Borth to 42nd St. $4.600.00 S1,762.14 $2.747.86 10.120.00 $3.940.38 $6.17x.62 13,570.00 $5,283.69 $0.280.31 $3.990.04 $1,553-57 $2.43F3,43 $828.00 5322.39 $505.01 $5,210.00 $2,0213.59 $3,181.41 $1,700.00 $661.92 $1,038.06 $1,800.40 $700.86 $1,090.14 $630.00 $244,30 $334.70 $100.00 $70.09_ $109.91 42,528.40 $16,568.93 525.066.07 Unit Cast Cost 40-00 II '$70.00 $2,800,0 572-00 If $44,27 05,322,00 3.00 Ouch $2,800.00 $8,400.00 1.00 each $2.',500.00 $2,500 Go 1.00 each 51,400.00 $1,460.00 1.00 each $2,600.00 $2.600.00 1.00 "act] - $1.100.00 $1.100.40 M E. Cunstructl'nn, Inc. $44,182.00 $60.740.93 I U " d loco Z9Q 1 4 -- 1�NatiWiid3di'Y'S TiMO.iIWnN e,c:nr urr4i p,q_rs_e-, . 1