HomeMy WebLinkAbout2000-062ab
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AN AGREEMENT (DEVELOPER'S AGREEMENT)
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
L.I.F.E.. LTH A FLORIDA LIMITED PARTNERSHIP
FOR
THE CASCADES OF VERO SUBDIVISION
FOR THE CONSTRUCTION OF OFF-SITE UTILITIES
THIS AGREEMENT made this 7th day of March 2000 by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero
Beach, Florida 32960 (hereinafter the COUNTY) and L.I.F.E., LTD, A FLORIDA LIMITED
PARTNERSHIP, 6363 Northwest 23' Terrace, Boca Raton, Florida 33496 (hereinafter the
DEVELOPER).
WITNESSETH:
WHEREAS, the DEVELOPER, in conjunction with the construction improvements at the
Cascades of Vero Subdivision is providing water facilities to serve the subject property, and
WHEREAS, the COUNTY, has required the DEVELOPER to provide the utility improvements
to serve the regional area mid has agreed to reimburse the DEVELOPER for the cost of providing these
off-site utilities,
NOW, THEREFORE, for and in consideration of the premises and other good and valuable
consideration, the COUNTY and DEVELOPER agree to the special conditions (SC) as follows:
C - 1, OFF-SITE UTILITIES:
The DEVELOPER shall construct the necessary oft -site utilities described heroin, per the Indian
River County" VtiIities Department The COUK1 Y shall reimburse the DEVELOPER fur ovei.sixi+ig of
the off-site utilities as outlined below:
A. _Master -planned 12 -inch diamctpLwater main construction:
The DEVELOPER shall Punish and install a 12 -inch PVC water main from the eastern property
line of the subdivision on 65'i"Street, along 65's Street, west to an existing 12 -inch water main at
the western edge of 52' Avenue, a distance of approxinuotely 1,720 LF. (See Fxbibit A)
Reisnburseme-iw Thr, COUNTY shall reimbvmfe the DEVELOPER 'a'=•_d on itwnized invoice
of the `installed material on a complete basis at the time the above referenced facilities are
dedicated to and accepted by the COUNTY. Reimbursement shall be in the form of a check
from the COUNTY and shrill not exceed the amount of $73,535.75. (See Exhibit I3-1). The
DEVELOPER'S share for this portion is tabulated below:
A: DEVEMPER5 AGREEMENTcascades.duu
Am
tam
•
6'5'hStreet Totai Frontage Cost Per Front ($/ft) Develotaer's Cost
124 120 $11.25 $1,350.00
B Master -planned 16 -inch diameter water maim construction;
The DEVELOPER shall fitmish and install a 16 -inch water main from the eastern property line
of the subdivision on 69'i' Street, along 69"' Strcet to die western property lime of the subdivision,
a distance of approximately 366 LF (See Exhibit A)
Reimburs9ment: Tice. County shall reimburse the DEVELOPER pursuant to the provisions of
Section 201.11, Code of Indian River County, for funds advanced by DEVELOPER to construct
facilities in accordance with the COUNTY's Master Pian, less the cost of the DEVELOPER
hydraulic share of the lines and facilities. The funds to reimburse the DEVELOPER shall come
from the capital projects budget based on projected future payment of capacity charges at a rate
of one-fifth of the total reimbursable amount per year (after dedication of the utility to the
COUNTY) for a period of five years. The first one-fifth payment shall be made at the time of the
utility dedication to the COUNTY. Subsequent payments shall be made on the yearly
anniversary of the utility dedication. If the amount of projected capacity charges is not realized,
the reimbursement to Developer shall be reduced proportionately. Compensation shall be in the
form of a check from the COUNTY—the total of all payments shall not exceed the amount of
$24,390.54, The obligation of the COUNTY to make reimburserncnt to the DEVELOPER shall
expire five (5) years from the date of the Agreement. (See attachment B-2). The
DEVELOPER'S share for this portion is tabulated below:
69" Strcet Total FrogWq _ Cost Per Front Footas!e ($Ift.) Developer's Cost
366 366 $11.25 $4,117.50
SC – 2. Amendment:
This agreement may be modified only be a writtcu instrument executed br all parties to the
agreement.
SC - 2. Assignability:
Either party may assign this Agrccment, however, the rights granted herein shall run with the land
and are not considered the personal property of the DEVELOPER. Therefore, while the DEVELOPER
has the right tinder this Agreement to freely transfer the rights and obligations granted by this Agreement,
the assignee shall not have the right to transfer these rights to another property unless this Agreement is
amended in writing by the arsignce and ate COUNTY to provids• othuretise,
SC -3. Authori
Each party hereto represents and warrants to the other that the execution of this agmenient and any
other documents required or necessary to be executed pursuant to die provisions hereof are valid, b'mding
obligations and are enforceable in accordance with their terms.
SC - 4 Bidding and Award
Thsa Indian Rivr_.r County L'•cFa-rtment of Utility Serr iws sha11 wvivw and apptum Lid proposais and
engineering costs related with the Work described herein. At least three (3) bid estimates from qualified
utility contractors must be submitted to the Department of Utility Services for n:view. Approval of
project costs will tc a condition of dee Utility Department's reimbursement for construction.
A:UIY,YEIMERS AGREEMENT mcrdar.duc
do
to
4W
Turthurmorc, no work shall commence until the Utility Department provides written approval of the final
construction cost. The County may require redesign and f or ru-bid if project costs significantly exceed
that contained in Exhibit B.
SC - 5. Captions:
Captions, if included, in this Agreement are included for convenience only and are not to be
considered in any construction or interpretation of this Agreement or any of its provisions.
SC - 6. Construction Plans, Technical Specifications and Contract Documents :
The DEVELOPER agrees to complete a final set of construction drawings and make submission for a
Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of
Environmental Protection (FDEP). Prior to construction, all permits must be approved.
$C - 7. Definition
All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the
identity of the party or parties may require.
SC — 9. Developer's obligation
Ilic DEVELOPER shall prepare at his own expense plans, specifications, agreement, advertisement,
general conditions, hereinafter referred to as the "contract documents" for the lines and facilities
necessary to deliver the water utilities from the COUNTY's facilities. T"he COUNTY prior to submittal
to the permitting agencies must approve all plans and specifications. The DEVELOPER shall be
responsible for his hydraulic proportionate share of costs associated with design, permitting, and
construction of die offsite facilities (which includes but is not limited to transmission lines, valves,
fittings, hydrants, meters, and associated appurtenances) whether designed, permitted, or constructed by
the DEVELOPER or the COUNTY.
The design, permitting, construction, operation and maintenance of all on-sitt& water and wastewater
utilities which is on or solely dedicated to the DEVELOPER's property (including but not limited to
water meter, transmission lines, pumps, valves, storage facilities,) shall be the DEVELOPER's
responsibility and expense. Construction of on-site water and wastewater utilities shall be subject to
COUNTY review and approval.
The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of
the water meter, however the DEVELOPER shall rot be deemed to own the water and the transfer or sale
of water is prohibited.
Thr DEVELOPER may not transfer or sell ivatar or %s:•-wwa cr capaxit, to auy paiv, tul ,.., uff"siie
of the property.
St~ — 10. Easements
The DEVELOPER shall convey to the COUNTY an exclusive easement for the water and
wastewater utilities. In addition, lie DEVELOPER shall grant to the COUNTY a nonexclusive ingress-
egmss easement necessary for the COUNTY to instal, maintain, up rax and iuouiiur the water and
wastewater utilities, within the public right-of-way including but not limited to water lines, services.
latcrw-., rti, tho}es, ritde[s, lift statiun, 1;ev6or, Mmole 1110illiuling
After the COUNTY'S final inspection of the off-site water and w.'istewatcr facilities for confaimance
with ibc approved pians and specifications, the DEVELOPER shall convey all the ofisitc facilities to the
&WEVEt OPER S AGPLEEMEiT CS1tifYifi. Ji v 'Z
C-1
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COUNTY. The conveyance shall include, but not be limited to the fallowing documents, in a form
acceptable to the COUNTY:
a) Bill of Sale
b) Grants of Easements
c) Maintenance Bond
d) Record Drawings (hard copy and electronic format — AutoCAD rel.. 14.0)
SC —I I. Entire A r em nt
This Agreement embodies the entire agreement between the parties relative to the subject matter
hereof, and there is no oral or written agreements between the parties, nor any representations made by
either party relative to the subject matter hereof, which arc not expressly set forth herein.
SC - 12. Goveming Law an ] risdicti n
This Agreement shall be governed by the laws of the State of Florida and the laws of the United
States pertaining to transactions in such State and all actions arising out of this Agreement shall be
brought in Indian River COUNTY. All of the parties to this agreement have participated freely in the
negotiation and preparation hereof; accordingly, this Agreement shall not be more strictly construed
against any one of die parties hereto.
SC — 13. Insurance
DEVELOPER agrees to ensure that the selected Contractor for the pmjcct provides insurance
coverage in accordance with Indian River County Utilities Department requirements. In addition, Indian
Inver County shall be named as an additional insured and the DEVELOPER shall provide an original
certificate of insurance to the COUNTY.
SC — 14. Maintenance Bond
The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility
improvements to Indian River County, Florida, and provide a Maintenance Bond for a period of one-year
after acceptance by the COUNTY. The value of the Maintenance Bond shall be twenty-five percent
(25%) of the total construction value of the utility improvements.
SC -- 15, Multiple Counterparts
This Agreement may be executed in a number of identical counterparts which, taken together, shall
constitute collectively one (1) agreement; but in making proof of this Agrccincnt, it shall not be
necessary to produce or account for more than one such counterpart executed by the party to be charged.
SC — 16. Permits
11c DL .'ELOPER shall W- t ssponsible for obt tiiriisys all cousttu trod and operiding purmiu iaquiired
for the construction, delivery, use and monitoring of the water distributed and wastewater collected to the
subject property. If, through no fault of the parties involved, any federal, state or local government or
agency (excluding the COUNTY) fail to issue necessary permits, grant necessary approvals, or require a
material change in the system, then to the extent necessary and if possible, the parties agree to negotiate
an amendment to the Agreement to reflect the change in condition. If it becomes impossible or
linarr{:iaGlvi{i to p�,.r€®ire under tiic: tc nns of dlra Agt"rurilent beuse t)f die above, Lien chis Agreement
shall terminate and the parties shall have no further obligations to the other
The DEVELOPER shalt comply with reasonable request by the COUNTY concerning on-site
operations and maintenance including but not limited to all FDEP regulations relating to bacteriological
MDsyst.oPF:as AnaFl:MEN1'cµum&a.dac
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and hydrostatic testing, cross connection control, monitoring, color -coding of water and wastewater
equipment.
SC —17. Recording of Agreemgnt
The Agreement may be recorded in the public records of Indian River County. The obligations
defined in this Agreement shall be a condition, which shall run with the land and shall bind subsequent
owners of the property for the term of this Agreement.
SC — 18 SeverabilityAnvalid Provision
If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or
future laws, such provision shall be fully severable; this Agreement shalt be construed and enforced as if
such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the
remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by
such illegal, invalid, or unenforceable provision or by its severance from this Agreement.
SC -- 19. To
The term of this Agreement is five (5) wars. Unless otherwise authorized in writing this Agreement
shall be not be renewed automatically for successive terms at the expiration of any preceding tern. The
Terms of this Agreement shall run concurrently with FDEP Permit to Construction and with the County's
Utility Construction Permit whichever is less but shall be not more than five (5)-ycar from the date of
issuance.
SC — 20. Time of Essence
Time is of the essence of this Agreement; however, if the final date of any period which is set out in
any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the United
States or the State of Florida, then, in such event, the time of such period shall be extended to the next
day which is not a Saturday, Sunday or legal holiday.
IN WITNESS WHEREOF, the COUNTY and DEVELOPER have accepted, made and executed this
Agreement upon the terns and conditions above stated on day and year first above written.
Wi�gnature)
Prin Name
iiitcd Nance
A AMLA7'EN't Ci uadtAla:
DEVELOPER:
L.LF.E., LTFn A FLORIDA LIMITED
PARTNE P
By: r
jam] (signature)
! /
Printed Name and Title
ATI"EST:
-
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By: c_) -G-
Fran B. Adams, Chairman
BCC Approved March 7,2000
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STATE OF FLORIDA
COUNTY OF f R f A t w( k",1f r
The ,regain ins trawt was Wowledgcd before me this { day of F f' 2000, by
t� T. 11) t1,90 v . who is personally known to me or who has produced
as identification and who did take an oath.
Naive: , J- . i n MQ `R7
Commission umber:
Commission ENpiration: 1- 9 'tom
(Notary Stamp)
VIRGINIA A.MTO
I
MY DOMM SSOM CC IGM
t70'iOES: Muefi 0.2002
W" Tom Hovey ftm IdidaMAM
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appeared Fran B. Adams, as Chairman of the Board of COUNTY Commissioners,
and PATAWAA NA. HIDG p6Y Deputy Clerk, to me well known instrument, and they acknowledge before
me they executed same.
Witness my band and official seals this 7th day of March -2000.
Ery . Kimberly E. MassOng[
Notary Public tt
u t d�tiYCOFAMSSIflNd CC855dsd EkPRES
x x3 July 15 2003
it yr ��m[orr{aurwurrurorNs�av+c�rNc Name: Kimberly E. Massung
�MSS46
Cr.,ztur►ission N:smb:.%- I..Ll1J.d
Commission Expiration: Jul -L-15, 2003
A.11€_L H OPER£ ?SERF
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EXHIBIT A-1
LEGAL DESCRIPTION AND FLAT
Portions of Tracts 8, 25, 26, 27, and 28 lying West of Canal Lateral "G' right of way and being in
Section 9, Township 32 South, Range 39 Fast, according to the last general plat of lands of Indian River
Farms Company filed in the Office of the Clark of the Circuit Court of St. Lucre County, recorded in Plat
Book 2, Page, 25, said land now lying and being in Indian River County, Florida, being more particularly
described as follows: Commenct, at a four inch by four inch concrete monument at the Northwest corner
of Tract 8; thence S O degrees 09 minutes 26 second W along die West line of Tract 8 a distance of 30.0
feet to the Point of Beginning, said point also being the Northeast comer of "Winter Beach Park
Subdivision," as recorded in Plat Book 10, Page 7, Public Records of Indian River County, Florida;
thence N 89 degrees 15 minutes 07 seconds E and parallel to the North line of Tract 8 a distance of
365.85 feet to a point on the East line of said Tract 8; then S O degrees 09 minutes 74 W along the East
line of Tract 8 as described in Official Records Book 185, Page 433, a distance of 1294.56 feet to the
Southeast corner of Tract 8; thence N 89 degrees 24 minutes 16 seconds E along the North line of Tracts
26 and 27 as described in Official Records Book 185, Page 433, a distance of 552.55 feet to a Point of the
Westerly right of way of Lateral "Cr" Canal; thence S 14 degrees 22 minutes 24 seconds E along the
Westerly right -of --way of Lateral "G" Canal a distance of 912.83 feet to a point which is 440.0 feet North
ofthe South line of Tract 28; thence S 89 degrees 33 minutes 27 seconds W and parallel to the South line
of Tract 28 a distance of 153.31 feet to a point which is 29,12 feet West of the East line of Tract 27 a
distance of 390.0 feet to the North right of way of South Winter Beach Road (65"' Street/County Road
632); thence S 89 degrees 33 minutes 27 seconds W and parallel to the South line of Tract 27 and along
the North right of way line of South Winter Beach Road a distance of 120.0 feet; then N O degrees 09
minutes 26 seconds C and parallel to the But line of Tract 2.7 a distance of 390.0 feet; thence S 89
degrees 33 minutes 27 seconds W and parallel to the South line of Tracts 25, 26 and 27 a distance of
874. 10 feet to a point which is 440.0 feet North of the South line of Tracts 25, 26 and 27, and being on
the East line of Winter Beach Highlands Subdivision" as recorded in Plat Book 6, Page 58, Public
Records of Indian River County, Florida; then N O degrees 09 minutes 26 seconds E along the Fast line
of aforementioned Winter Beach Highlands Subdivision, also being along the East line of Winter Beach
Park, as recorded in Plat Book 10, Page 7, Indian River County, Florida and also being the West line of
Tracts 8 acid 25, said plat of lands of Indian River Favus Company, a distance of 2177.16 feet to the
Point of Beginning. Being subject to any casements of rights of way of 'record and containing 32.92
acres, more or less.
Tax I.D. Numbers: 9 32 39 00001 0080 00001.0
9 32 39 00001 0080 00002.0
9 32 39 00001 0080 00003.0
9 32 39 00001 0250 00001.0
9 32 39 WWI 0260 0"1.0
9 32 39 00001 0260 00008.0
9 32 39 00001 0270 00002.0
9 32 39 OOODI 0270 00003.0
9 32 39 00001 0270 00004.0
9 32 39 00001 0x70 00005.0
�. �ti:1'fiiCrPt�S ifit;���riF�'i cuc�dc^;�3.•.
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EXHIBIT A-2
PLAT MAP
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EXHIBIT B-1
PROJECT COST ESTIMATE
<inscrt Project Cost Estimate Here>
ESTIMATED COST OF IMPROVEMENTS:.
Item
Description
Estimated
quantity
Unit of Measure
Unit Price
Total Price
I
12 -inch PVC Water
Main
1,720
LF
24.00
41,280.00
2
12 -inch Gate Valve
2
EA
1,600.00
3,200.00
3
6 -inch Gate Valve
2
EA
1,100,00
2,200.00
4
Concrete Drive
Restoration
90
LF
15.00
1,350.00
5
Gravel Drive
Restoration
70
LF
5.00
350.00
6
Paved Road Restoration
90
LF
22.50
2,025,00
7
FHA
2
EA
1,850.00
3,700.00
8
As -Bunts
I
EA
3,500.00
3,500.00
Subtotal
57,605.00
Contin enc QIM/b
8,640.75
Engineering, Surveying &
Administration
8,640.00
Total Improvement Cost
74 885.75
Estimated County Share
73,535.75
- Developer's are
AMEW OPER8 AORRF ANT cwmImAw
a
EXHIBIT 0-2
PROJECT COST ESTIMATE
<Insert Project Cost Estimate Here,
ESTIMATED COST OF IMPROVEMENTS:
Item
Description
Estimated
Quantity
Unit of Measure
Unit Price
Total Price
1
16 -inch Water Main
366
LF
34.00
12,444.00
2
16 -inch Gate Valve
2
EA
2,400.00
4,800.00
3
Grass Restoration
366
LF
12.00
4,392,00
4
As-Builts
I
EA
900.00
900,00
5
6
s---
7
8
Subtotal
22,536.00
_
Contingency 15%
3,380A0
- Engineering, Surveying &
Administration
2,591.64
Total Improvement Cast
Estimated County Share
28,508 ' 04
24,390.54
Deveioo"'s Share
4,117 5!i
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