HomeMy WebLinkAbout2001-0074D
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F:Tubhc WorksWapisal t'ro]eels,KingsPli2lagrvcontracis�ovcrbyrinil.con3' 01-007
DEVELOPER'S AGREEMENT
Between
INDIAN RIVER COUNTY, FLORIDA
And
LAKE GRACE OF VERO BEACH, LLC AND/OR ASSIGNEES
2001
This AGREEMENT, entered into this 2nd day of January 1666 by and between
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 25"h
Street„ Vero Beach, Florida 32460, hereinafter called "COUNTY" and LakeGtrace of Vero Beach,.
LLC, of 740 Oleander Street, Boca Raton, Florida 3348::, hercinafter referred to as "DEVELOPER",
WITNESS TO
WHEREAS, DEVELOPER owns a 31.75 acre parcel of land at the southwest corner of
Kings highway and 8'h Street, known as County'rax Parcel No. 17-33-34.00001-0010-00001.0,
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
and drainage facilities for Kings Highway (58"i' Avenue) and Bre Street and development of
DEVELOPIER's property located adjacent to these roads, and
WHEREAS, both the COUNTY and DEVELOPER cart assist each other through a joint
effort that will facilitate widening the road and providing; stomiwatcr treatment, and
WHEREAS, tfte acquisition contemplated by this AGREEMENT is in Settlement of dispute
between COUNTY and DEVELOPER and is under threat of condemnation.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants,
and premises hereinafter, (lie COUNTY and DI-VELOPER agree as fallows:
I. The above recitals arc al7inned as heing; true and correct and are thereby incorporated
herein.
2. Within 45 days of execution of this AGREEMENT by bath parties, DEVELOPER
shall convey by warranty decd 76 feet by approximately 1247 feel of right -or -way
to the COUNTY for construction of Kings Ilithway (legal description attached as
Exhibit "B"), reserving to DEVELOPER all rights of ingress, egress, air light and
view, between DEVELOPER's remaining properly and tate facility to be constructed
by COUNTY on said right -of --way and on adjacent lands. Location of ingress and
egress along Kings Highway shall be Subject to County Development Regulazz:ons.
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3. No later than November 30, 2005, COUNTY shall construct at the COUNTY's sole
cost and expense the following intersection and roadway improvements along; Kings
Highway and 8'h Street in accordance with the attached Exhibit "C"; a) Kings
Highway shall be reconstructed as a fourdanc divided roadway; b) on Kings
Highway, southbound left and northbound lett turn lanes shall be constructed for
travel onto 8'h Street; and, e) a 12 -foot wide left turn lane, a minimum of 200 feel in
length, shall be constructed on westbound 8"h Street west or Kings Highway for
access directly into the DEVELOPER's site. West end of turn lane will extend to
centerline of DEVELOPER's proposed entrance which is 151 feet oast of the
northwest comer of DEVELOPER's property.
4. The DEVELOPER shall construct a retention pond on DEVELOPER's property to
be sited and designed by DEVELOPER at DEVELOPER's discretion, provided that
the capacity of said retention pond small be designed and permitted to accept runoff
from Kings Highway in accordance with the provisions set forth in Mosby and
Associates, Inc., memorandum dated. April 14, 2000, attached as Exhibit "D" and
incorporated by this reference.
5. The COUNTY shall provide two-way access to the pond excavation along the
southerly portion of DEVELOPER's property onto Kings I lig;hway for the duration
of the time that it takes to completely excavate and restore the site.
6. If the DEVELOPER has not completed construction of his retention pond by
February 28, 2001, the DEVELOPER shall commence construction on a one -acre
retention pond and outfall structure to the 81h Street sublateral on the
DEVELOPER's site for Kings Highway hway runoff. The one -acre retention pond and
01.0111 structure shall be constructed in accordance with the COUNTY's permitted
plans attached as Exhibit "E" by no later than April 30, 2001.
7. If the DEVELOPER's pond has not been permitted and constructed by April 30,
2001, the COUNTY shall construct, at the COUNTY's sole cost and expense, a 24'
wide by G' deep temporary ditch on the DEVELOPER's site along the Kings
Highway frontage beginning; 100 feet north of DEVELOPER's property's southeast
comer as shown on Exhibit "C"; this ditch shall conform to the plan of
DEVELOPER (know as Lake Grace) which has been submitted to COUNTY for
approval, that is, the ditch shall be constructed within the bank of the pond proposed
by DEVELOPER and shall be located a distance of 40' from tate proposed
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right-of-way line. DEVELOPER shall have the right to the excavated material if so
desired. This ditch shall be utilized to accept runoff front Kings Highway until the
DEVELOPER's retention pond has been permitted and constructed. DEVELOPER
shall retain ownership of ditch but grant the COUNTY a drainage easement (Exhibit
"F") to discharge runoff from Kings Highway into said ditch. Tile DEVELOPER.
shall not join the temporary ditch fronting Kings Highway to the DEVELOPER's
retention pond until tite DEVELOPER's pond has been permitted to accept nutoff
from Kings Highway.
8. If the DEVELOPER has not completed construction of his retention pond or the one -
acre retention pond referred Io in paragraph 6 by April 30, 2001, then COUNTY may
elect to include constructing of the one -acre pond and outfall structure in the Kings
Highway Phase 11 construction and delete 563,230.410 compensation to
60 A, [IEVFLOPER.
9. The DEVELOPER shall not connect the one -acre Kings Highway retention pond to
the retention pond for the DEVELOPER's site until the retention pond far the site
has been permitted by the St. Johns River Water Management District to accept
runoff from Kings Highway.
10, DEVELOPER shall retain ownership of the retention pond, but grant the COUNTY
a drainage casement (Exhibit "F') to discharge runoff front Kings I lighway into said
pond (one -acre equivalent area). Maintenance of the pond will be by the
DEVELOPER or subsequent owners.
11. The COUNTY shall pay the DEVELOPER for right-of-way and drainage
improvements as follows:
a. 2.26 acres of rigi t -of -way (exhibit "fl", attached) S 39,799.00
b. Consideration for one: acre of lased (retention) S 17,610.00
C. Cost ofconstnaction for one acre retention facility $ 5$,250.00
d. Cost of outfull to sublateral ditch on 8th Street S 5,000.00
C. Attorney fees and costs S 2,000.00
Total S 122,659.00
12. The. COUNTY shall pay DEVELOPER the said $122,659.00 as described in
paragraph l 1 as follows; $41,799.00 upon the conveyance by tite DEVELOPER to
the COUNTY of the right-of-way; partial payments up to a ntaximutn of $58,250,00
during pond excavation; and $22,610.00 after as -built ccrtitreation of tits retention
pond and outfall structure to the St. Johns River Writer Management District.
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13. COUNTY shall at COUNTY's sole cost and expense cause to be constructer) along
the subject right-of-way a sidewalk that extends (lie full length of the right-of-way
conveyed by DEVELOPER to COUNTY, as depicted on Exhibit "C' by no later
than November 30, 2005.
14. The COUNTY shall construct a 12 inch connection to the force main under Kings
Highway and extend the 12 inch diameter line west to (lie northwest comer of Kings
Highway and 8'h Street, The line shall be extended immediately beyond the pavement
and capped for future extension of the 8''' Street roaster plan line. Impact fees, line
extension fees, connection fees and any outer costs associated with future service
shall be DEVELOPER's responsibility.
15. The COUNTY shall construct an 8 inch connection to the water main under 8'
street and 8 inch diameter service line under 8'h Street at the DEVELOPER's
proposed entrance. The centerline of the DEVELOPER's proposed entrance is
located 151 feet east of %lie northwest comer of the DEVELOPER's property. Line
shall be extended to immediately beyond right-of-way for future connection. Impact
fees, line extension fees, connection fees and any other costs associated with feature
service shall be DEsVELOPEIVs responsibility,
16. DEVELOPER shall grant COUNTY a construction casement (Exhibit "G") For
construction of improvements described in paragraphs 7,8,13,14, and 15.
17. Time is of the essence as to all matters pertaining to this Agreement.
18. 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.
19. No amendment, modification, change, or alteration of this Agreement shall be valid
or binding; unless accomplished in writing; and execute([ by all of lite parties hereto.
20, This Agreement shall be binding upon and inure to the benefit of Clic parties hereto
and their successors, and assigns.
21. 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.
22. This Agreement and all ratters arising hereunder shall be governed by and construed
in accordance with %lee laws of the State of Florida. Venue hereunder shall lie in
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Indian River County, Florida.
23.
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 he no canon of
construction for or against any party by reason of the physical preparation of this
Agreement.
24.
Whenever the singular number is used in this Agrccmcnt and when required by the
context, the some shall include the plural, and the masculine, feminine, and neuter
genders shall each include the others.
25.
COUNTY and DEVELOPER shall grant such further assurances and provide such
additional documents (e.g. Temporary Construction Easements and Easements) as
may be required by one another from time to time, and cooperate fully with one
another in order to carry out (lie terns and ronditions hereof and comply with the
express intention of this Agreement.
26.
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
at any one time or times be deemed a waiver or relinquishment of such right or power
at any other time or times.
27.
All words, terns, and conditions contained herein are to be read in concert, each With
the other, and a provision contained tinder one paragraph may be considered to be
equally applicable under another in the interpretation of this Agreement.
28.
The words herein and licreof and words ofsimilar import, without reference to any
particular section or subdivision of the Agreement, refer to this Agreement as a
whole rather then to any particular section or subdivision hereof.
29.
All provisions of this AGREEMENT shall survive closing and delivery of the deed
to the right-of-way from DEVELOPER to COUNTY.
34.
This AGREEMENT shall be recorded in the public records of Indian River County,
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IN WITNESS WHEREOF the COUNTY and DEVELOPER have caused these presents to be
executed in their names, the clay and year first above Written.
LAKE GRACE OF VERO BEACH, LLC,
a limited liability company
By:
Harold F. Ovcr4.Mcm
WITNESSc=1jJP
WITNESS:rl.l�
(Curporale Scal is acceplabie in place of witnesses)
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
Icy:_
Caroline Gift
ATTESTq3&J L
Jeiirey K. 13ttrtan .•
Clerk pC Court
InJian Kirsr Counl y
ARIkrn%rd nnie
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STATE OF FLORIDA
COUNTYOF40* 11040001-t OR#W4,0
'Elle foregoing iiisiinilncnt was acknowledged befine ntc this day of_ 2{} ODhy
a j�,I�Or/ls t/rtiY , who is personally known to me or who has produced �10.InrSean_n ie.of AP Wil
as id n and who li r+ar u. ka n^ ib.
rARY PUB [ - SE"flnrruaic sTArl ar FLaaroA
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STATE OF FLORIDA
COUNTY Ol: INDIAN RIVER
The foregoing instrument was acknowledged Wore me (his 2nd � day of Januar-y, 20jal- by
rar„ant i np " nn , wtlo is personally known to mtMXtX XIOXXptyAOKOIK xXXXUXXXXXXXXX_X.X
4KiXWkl3l4"pd who did not lake all oath.
yn• 4;yh,. berly £ Mossung
NOTARY Pl I_lL' SEA1. MYcom"55ION# CCO55436 EXPIRE$
WJVE1111uA11 SOY F"J INi11FA)CF,IHC
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Tract 1, section 17, TOWnahip 33 South, Range 39 East
of the Indian River Farm company filed 1A the Offlcafoff ttye&ccord� � the last generaI plat
Of St Lucie County, Florida, in Plat gook Page is Clerk of the circuit Court
Indian River County, Florida. LESS � ' � said lands now lying and being in
Tract 1. ' the North 395 feat of the Nest 5¢ii feet of
EXHIBIT "A"
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04/1412:00 1504 .`61 "700.7 MOSBv +utD Assoc =arm vt
MOSSY SAND ASSOCIATES, INC.
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Ella: !}ioRANIDIIM
Date: AW 14,20W
To: Harold
Crverby
Fraru: Matt soyka
Subject: Deveiepor's AQreawnt. item
Engkuvr's Pmjcct No. 00• 121
The Deveiopu shall wnwuct a Wet Detentions Stormwata Mana,geroem Systtm on DcVeloWs
pro":1y to be sisad and dnigraed by the Drvcloper, to the Developers discretIM to such a
muuwr, that the Wvdty of the Wet Detention Storeswstdr ;Herta=ettsmt Systern, in addition to
WvriditlS the voluAss of stotiagt, suvctwn. ad related anterdues ngnired by the Developer to
nwd his deTdopwAm goals, shall also be desipcd sa that the applicable S1RW►MU. URC, ausd
1 FWC13 PernuindCriteria sun be met for the (bilowmg portion& of Kings HiShway-
Total Ares of Right-of•Way-'7.7 acres (msximum).
Curve Number (cu t'quivaleur coerftcierrt presenting the ratto of impervious to pervious area
comprising the 7 2 acre (m ximum) righl -at way) = 93 ma;tus wn.
firtlo of Comm ratim - 20 minutes (minimum)
Peak Factor - d84 (rrsaxhtnwn)
TU design criteria for the Het Detsauon Storntvrales Msrugenscnt Syste,rn shall include the
provision that the pock stagn modeled for t)tc Wet Detmtim Storm-stm Management System
cumot exceed the fallowing rmxtmum peak supe elevations for their respective design storm
events As follo+ra:
Stomt Event
10 yr • 24 hr Stortas Event (7.8 inchcW24 ht) ON
23 yr • 24 hr Storm Event (9.3 inches*4 hr) 20.9
10D yr- 3 day Storm Event (14.68 inchni72 to) 21.3
EXHIBITit D'�
7•. t:'.90i. .. ig5i 7%9�;ti: � M1SS"ti' dr{D a3'�: rwu.. oa
Tlx: prt:ceding value% srt bucd ori the IR.F WCA M&Ximum Ccvnputes3 Stagcr for 130de $b as
ccnItiiacd in the report cnsiticd:
Indian River Farm: Water Control Diismint Evaluation and Updating of the `PIan of Reclamation
Works of lmprovemenO July. 1990 (mvrted)-
11 is fuirtber agreed that the Maximum Coinpumd Stage valuta for node 86, Ms rtfcfenced above,
mail be used to model the tailwater eaaditiont urgkr whicli the mycioptes Wet Decation
StvrrrtWV4r MsnaRetrtcnt Syctcm will W desiped,
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EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Grant Of Easement, made and executed this 2ndday of January by:
Lake Grace of Vero Beach, LLC and/or Assignee ,whose address is
740 Oleander Street, Boca Raton, Florida 33486 , hereinafter called
GRANTOR to Indian River County, a political subdivision of the State Of
Florida, whose address is 1840 25th Street, Vero Beach, Florida 32960
Hereinafter called GRANTEE,
WITNESS TO:
That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration,
receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY
EASEMENT on, over, across, and beneath the following described land, situate in Indian River
County, Florida, to -wit:
Exhibit "G"-2, attached hereto and made a part hereof.
This temporary casement shall exist only until the completion of the Kings
Highway Phase II Project construction, or November 30, 2005, whichever
Occurs first.
IN WITNESS WHEREOF the COUNTY and LAKE GRACE OF VERO BEACH, LLC have caused
these presents to be executed in their names, the day and year first above written.
LAKE GRACE OF VERO BEACH, LI.0 BOARD OF COUNTY COMMISSIONERS
a limited liability company INDIAN RIVER COUNTY, FLORIDA
Harol . O or Carol'n C nn Chairman
� r
WITNESS: ATTEST
7'�t/t�uJ !e ey K. Barton 1 ,
WITNESS Clerk Of Court
(Corporate S4al is acc7tab a in place
witnesses) 1" PTi"j L. IAI�c ��
STATE OF FLORIDA
COUNTY OF M h I i 0 My. 0awpo'l)
The foregoing instrument was acknowledged before me this / 3 day of �'�' by
Harold F. Overby, as Aoegdv of Lake Grace of Vero Beach, LLC, on behalf of the
Corporation.
He is personally known to me ocredo
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