HomeMy WebLinkAbout2000-362r60
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DEVELOPER'S AGREEMENT IN THE RECORDS OF
._
Between JEFFREY K. UARTONCLER
INDIAN RIVER COUNTY, FLORIDA INDIA RIVER CO.,counT
INDIAN FlIVEFl CFLA.
�y
CA
And
LAUREL BUILDERS, INC.
.
This AGREEMENT, entered into this 14 day of p tr t , 2000 by and between
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INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 25t1i
Street, Vero Beach, Florida 32960, hereinafter called "COUNTY" and LAUREL BUILDERS, INC.,
P.O. Box 2062, Vero Beach, Florida 32961-2062, hereinafter referred to as "DEVELOPER".
WITNESS TO
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WHEREAS, DEVELOPER owns a 133.23+- acre parcel of land at the northwest corner of Kings
Oslo Road, known County Tax Parcels 20-33-39.00001-0150-00001.0, 20-33-39-
Highway and as
00001-0130.00003.0 and 20-33-39-00001-0090-00001.0, hereinafter referred to as "parent tract",
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which is shown on Exhibit "A°" attached hereto and incorporated herein by reference, and
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WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to road and
drainage facilities for Kings Highway (58'" Avenue), Oslo Road, and 5', Street SW, and
development of DEVELOPER'S property located adjacent to these roads, and
WHEREAS, both the COUNTY and DEVELOPER can assist each other through a joint effort
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that will facilitate wwidening 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:
1. The above recitals are affirmed as being true and correct and are thereby incorporated herein.
L Within 30 days of execution of this AGREEM ENT by all required parties, DEVELOPER.
shall convey by warranty deed, a parcel of land in the northeast corner of the parent tract to
COUNTY for construction of a drainage retention facility. Said parcel shall measure 180 feet from
north to south, and 363 feet from east to west (legal description attached as Exhibit "13"). The
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COUNTY shall pay to (lie DEVELOPER the sum of 527,000.00 for said parcel. This AGREEMENT
shall be recorded into the Public Records along with the warranty deed and shall survive the
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transaction closing.
3. The COUN'T'Y shall construct at the COUNTY'S sale cost and expense, intersection and
roadway improvements along Kings Highway and Oslo Road to provide a four lane divided roadway
Kings Highway
aiong Kings Highway and add a felt tum lane to Oslo Road, both east and west of
to be completed and open to traffic no later than November 30, 2005. The COUNTY will restore
irrigation damaged, if any, caused by project construction. The COUNTY, its contractors, and/or
subcontractors will comply with State Citrus Canker Decontamination Regulations.
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4. The COUNTY shall construct its retention pond and outfall structure to the sublateral canal
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on the south side of 5'" Street SW. This work will coincide with the 5$`" Avenue Project
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construction. The outfall pipe shall be sized to accommodate DEVELOPER'S potential needs for
future pond enlargement.
5. DEVELOPER shall have rights to the excavated material if so desired.
6. The COUNTY will fence its retention area. Should DEVELOPER decide to develop the
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Parent Tract and (a) wishes to join and expand said pond for storm %w Ater capacity and aesilietic
amenity purposes, or (b) simply utlize the existing retention area for aesthetic purposes, the
DEVELOPER shall be allowed to remove the fence if so desired. DEVELOPER shall be
responsible for constructing DEVELOPER'S portion of the retention pond, based upon their
stormwater needs.
7. Should the DEVELOPER excercise the option stated in No. 6 (a), the COUNTY shall cause
the ownership of land described in Exhibit "B" to be re -conveyed to the DEVELOPER by quit -claim
deed, without compensation due. In this case, the COUNTY shall retain the right to discharge its
stormwater nmoff into said pond through a permanent drainage easement that DEVELOPER hereby
agrees to execute at the time of re -conveyance of Exhibit "B" lands to DEVELOPER. From the lime
of reconveyance to the DEVELOPER, maintenance of the pond will be by DEVELOPER or
subsequent owners.
8. The COUNTY shall constnsct two full median openings during King's Highway
construction. One shall be located approximately 860 feet south of the northernmost property line
and one shall be located approximately 860 feet north of the southemniost property line (see Exhibits
"C-1" and "C-2"). Each median opening shall allow for both lcfl turn and right tum ingress and
egress to/from the property for use by DEVELOPER or Owner when the property is developed. The
DEVELOPER shall have the right, at its sole expense, to relocate either or both of the median
openings, subject only to the restrictions of the Land Development Regulations of Indian River
County, Florida.
9. Time is of the essence as to all matters pertaining to this Agreement.
10, In the event of any litigation arising out of this Agreement, the prevailing patty shall be
entitled to reimbursement of the costs and expenses thereof from the non -prevailing patty or parties,
including reasonable attorneys' fees and including such costs. expenses, and fees incurred on appeals
of such litigation.
11. 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.
12. This Agreement shall be binding upon and inure to the benefit ofthe parties hereto and their
personal represcmatives, heirs, successors, and assigns and shall survive the issuance of deeds
pursuant to paragraphs two and seven hereof.
13. 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.
14. This Agreement and all matters arising hereunder shall be god erred by and construed in
accordance with the laws of the State of Florida. Venue hereunder shall lie. in Indian River County,
Florida.
15. 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.
16. 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.
17. 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
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another in order to carry out the tams and conditions hereof and comply with the express intention
of this Agreement.
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18. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein
shall not be deemed a waiver of such tentrs, 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.
19. All words, ternis, 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.
20. The words herein and hereof and words of similar import, without reference to any particular
section or subdivision of the Agreement, refer to this Agreement as a whole rather than to any
particular section or subdivision hereof.
?1. In the event any terns, 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 term, condition, or clause
hereof, provided of the parties, as set forth in this Agreement.
22. All rights conveyed to the DEVELOPER in this agreement are transferable.
IN WITNESS WHEREOF the COUNTY and DEVELOPER have caused these presents to be
esecutcd'in their names, the day and year first above written.
LAl It1 BiI.DE INC. BOARD OF COUNTY COMMISSIONERS
p of s - INDIAN RIVER COUNTY, FLORIDA
32961 -?OG?
WITNESS:
(Corporate Seal is acceptable in place of
wimesses)
STATE OF FLORIDA
COL'NTY OF INDIAN RIVER
Frate�K.
ChaiHmaan
ATTEST: arton
Clerk OfCOrt ip�►• H
BCC Approved: It3"eaI�'gf„ 521700
fL'OD A%C}
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The foregoing instrument was aekno"ledged before me this V O L. day of 4_i,1q A.4- I'- C by
Deir.Ellen Robinson,__as , cc_ Ls &� of Laurel Builders, Inc., on behalf oft c Corporation
HrSh Frsonall known to me r produced _ as identification.
NOTARY P B ,1C
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printed name and commission H ( /
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FRANCES t�n1RVl:1;
COMWASION rCM21a
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