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Home My WebLink About2024-309312024005;950 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3744 PG: 619,12/18/2024 2:42 PM RETURN T0: COLLINS, BROWN, BARKETT P.O. BOX 643686 VERO BEACH, FL 32964.3686 RESTATED AND AMENDED DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND PROVIDENCE POINTE VERO BEACH LLC FOR OFF-SITE TRAFFIC IMPROVEMENTS AND RIGHT-OF-WAY DEDICATION THIS RESTATED AND AMENDED DEVELOPER'S AGREEMENT ("Agreement") dated November 18, 2014 by Indian River County("�ounty") and Providence Pointe Vero Beach LLC ("Developer") is made this 11 day of of c_ e1' , 2024. Recitals: A. Developer is in the process of developing a Planned Development—Traditional Neighborhood Design ("PDTND") known as Providence Pointe. B. In 2014, County and Developer entered into the Agreement to memorialize each party's respective goals and obligations regarding certain traffic improvements and right-of-way dedications described in the Agreement and related to or in proximity with Providence Pointe. C. Between 2014 and 2023, certain developments have occurred which make it mutually advantageous to County and Developer to accept and enter into this restated and amended agreement. SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 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: Recitals: The foregoing recitals are incorporated as if fully restated herein. 2. Intersection Improvements: Developer shall contribute the following sums of money or construction or both toward the Intersection Improvements specified below. County acknowledges that the contributions or construction or both described herein satisfy the Developer's entire obligation with respect to off-site intersection improvements through build -out of Providence Pointe, except to the extent that additional property or residential units or commercial development may be added to Providence Pointe in the future. The County shall not withhold any approval or permit, nor shall it deny any concurrency certificate, because of the RETURN T0: COLLINS, BROWN, BARKETT P.O. BOX 64-3686 VERO BEACH, FL 32964-3686 RESTATED AND AMENDED DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND PROVIDENCE POINTE VERO BEACH LLC FOR OFF-SITE TRAFFIC IMPROVEMENTS AND RIGHT-OF-WAY DEDICATION THIS RESTATED AND AMENDED DEVELOPER'S AGREEMENT ("Agreement") dated November 18, 2014 by Indian River County (" �ounty") and Providence Pointe Vero Beach LLC ("Developer") is made this 11 day of of tl�,1r er- , 2024. Recitals: A. Developer is in the process of developing a Planned Development—Traditional Neighborhood Design ("PDTND") known as Providence Pointe. B. In 2014, County and Developer entered into the Agreement to memorialize each parry's respective goals and obligations regarding certain traffic improvements and right-of-way dedications described in the Agreement and related to or in proximity with Providence Pointe. C. Between 2014 and 2023, certain developments have occurred which make it mutually advantageous to County and Developer to accept and enter into this restated and amended agreement. SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 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. Intersection Improvements: Developer shall contribute the following sums of money or construction or both toward the Intersection Improvements specified below. County acknowledges that the contributions or construction or both described herein satisfy the Developer's entire obligation with respect to off-site intersection improvements through build -out of Providence Pointe, except to the extent that additional property or residential units or commercial development may be added to Providence Pointe in the future. The County shall not withhold any approval or permit, nor shall it deny any concurrency certificate, because of the condition or state of any intersection in the County as long as the Developer is in compliance with this Developer's Agreement. A. Prior to the request for Certificate of Completion for Phase II of the conceptual plan, the Developer's Engineer shall submit a conceptual design plan for the proposed north bound right turn lane at 41 st St. and 58th Avenue so that the county may agree to a layout and commence to address any right- of-way needs. Prior to the issuance of a Certificate of Completion for Phase III of the conceptual plan, Developer shall either construct a northbound right turn lane or escrow the estimated cost for the design and permitting of said northbound right turn lane with the county." At its own cost and expense, County shall obtain the right-of-way needed to construct the North -bound right turn lane once the Developer brings forth their conceptual plan for the North -bound right turn lane. B. Prior to the issuance of a Certificate of Completion for Phase IV, Developer shall pay 13.9% of the ultimate intersection actual contract costs. If a contract has not been executed, the amount to be placed in escrow shall be based on a Professional Engineer's cost estimate using the latest 45th Street Improvements design, which County shall provide to Developer at Developer's request prior to commencement of Phase IV." C. Prior to the issuance of a Certificate of Completion for Phase I, the Developer pay 14.7% of the cost in the amount of $410,683.89 for the ultimate intersection improvements at 49th St. and 58th Ave., including left turn lanes from all approaches, based upon actual contract costs as previously completed." D. Developer and County agree that the County has completed the intersection improvements and has constructed 53rd St., west from 58th Ave. for a distance of 300 feet at the County's own cost and expense, and County shall not seek reimbursement for such costs or expenses. Prior to issuance of a Certificate of Completion for Phase II, Developer shall, at its own cost and expense, either construct the continuation of 53rd St., westerly for a distance of 600 feet as a four -lane road to the Project's westernmost connection to 53rd St., or, if in conjunction with another developer participate in the development of said road segment as a four -lane road, with a transition to a two-lane road at the end of the 600 foot project. Developer shall not seek reimbursement from the County for the cost of design permitting and construction of the two-lane portion of said road. Commencing from the 53rd St. required improvements, Prior to the issuance of a Certificate of Completion for Phase III, Developer shall escrow Developer's fair share (37.5% of funds) to construct 53rd St. as a two-lane road from the point where the paved improvement described herein ends to the point which is 2,454 feet west of the Project's east property line as based upon a conceptual rendering provided by the Developer's Engineer and agreed upon by the 2 County. Developer shall not be responsible for final design or construction of the westerly pavement extension improvements." (1) The County shall have the right to approve the scope of work for the design and engineering phase of the project. The County shall not unreasonably withhold or delay such approval. Failure to reply to the Developer within thirty (30) days after the submittal of design and engineering plans shall constitute approval. (2) The Developer's obligation with respect to 53`d Street, as identified in this Developer's Agreement, shall be deemed satisfied so long as the Developer is in compliance with this Agreement, and the County shall not withhold any approval, permit, or concurrency certificate because of the condition of 53`d Street anywhere except adjacent to Providence Pointe, provided the Developer is in compliance with this Agreement. (3) 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". 3. 49th Street Improvements and Dedication: A. Prior to the issuance of a Land Development Permit for Phase 4 of Providence Pointe, the Developer shall: (i) Dedicate to the County ten feet (10') of right-of-way along the project's 491h Street frontage from 58th Avenue West for a distance of approximately 2,591 feet (the "Eastern Segment") see Exhibit "B"• and (ii) Dedicate to the County along the project's 49th Street frontage sixty feet (60') of right-of-way from the West end of the "Eastern Segment" to a point approximately 1,328 feet West (the "Western Segment") see Exhibit "B". B. Prior to the issuance of a Certificate of Completion for Phase IB, Developer shall construct a two-lane road for a distance of approximately 3,260 feet from the existing paved road on 49th Street, which ends approximately 700 feet west of 58th Ave., to the western boundary of Providence Pointe, as shown on the Conceptual Plan. The construction may be completed in sections which follow the progression of development of the Project. 4. 58th Avenue Dedication: Prior to the issuance of a Land Development Permit for Phase 4 for Providence Pointe, the Developer shall dedicate by right-of-way deed free and clear of all liens and encumbrances, to the County, twenty-five feet (25') along the property's 58th Avenue frontage. (See Exhibit "C"). 5. The Developer shall provide stormwater capacity for the following road segments: A. 58th Avenue, from the property's eastern boundary to the centerline of a four -lane road, along the project's 586 Avenue frontage. B. 49th Street, along the project's entire frontage, for a two-lane road width. C. Developer shall design and construct a temporary swale system within the County right-of-way for 53rd Street stormwater, as a four -lane road, from 58th Avenue west for a distance of one-quarter mile. 6. DOT Compliance: All road construction by the Developer pursuant to this Agreement shall be in compliance with Florida Department of Transportation standards: A. Any future increase of impervious area for 58th Avenue Developer driven improvements may require additional stormwater capacity to be provided. B. 49th Street, along the project's entire frontage, for a two-lane road width and any Developer driven improvements such as turn lanes. C. Developer shall design and construct a temporary swale system within the County right-of-way for 53`d Street stormwater for all developer driven improvements that cannot be treated within the existing system. Alternatively, the Developer may work with the County and Mandala Village in accordance with the Mandala Village Developer's Agreement dated December 12th, 2023, Section 9 allowing for a temporary easement for stormwater improvements. The County shall not provide any reimbursement for the temporary easement construction. At the time Mandala Village constructs its permanent stormwater facilities, any Developer driven improvements for Providence Pointe shall connect to Mandala Village's stormwater system as defined in the Mandala Village Developer's Agreement. 7. Invoices: Any invoice submitted by the Developer to the County for the County's payment shall be reimbursed by the County according to the Prompt Payment Act (Sections 218.70 and 218.80, Florida Statutes). 8. Project Bids: The Developer shall not be required to publicly bid the work described herein, but all work performed by the Developer shall be subject to the reasonable determination by the County that the costs incurred for such work were normal and customary. 4 9. Miscellaneous: A. In the event of any litigation arising out of this Agreement, the prevailing parry 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 of the parties hereto. C. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 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 Providence Pointe. F. No Building Permit, Certificate of Completion, or Certificate of Occupancy shall be withheld or delayed by the County for Providence Pointe 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 as described herein, and in the plans submitted by the Developer and approved by the County, 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. 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. 5 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 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. P. Beginning upon the complete execution of this Agreement, the duration of the Agreement shall be 30 years. Q The permitted uses for this development project include: I. Residential (single-family and multi -family) II. Commercial III. Retail IV. Professional Office V. Restaurant VI. Health and Fitness VII. Institutional VIII. Day Care IX. Hotel 0 X. Places of Worship - XI. Public Parks R. The permitted land use density for the project is 2.59 units per acre. The proposed land use density for the project is 2.59 units per acre. S. The building intensity for the project's residential and commercial uses are below the maximum limitations set for the project, due in part to an excess of open space and recreational areas. T. The proposed commercial and residential structures do not exceed the applicable land development regulation (LDR) limitation of 35'. U. Public facilities including the construction of roadways and roadway improvements, construction of stormwater drainage improvements, and the construction of public transportation transit stops are included in this project. These facilities are required to be completed as stipulated in this agreement and/or prior to the issuance of a Certificate of Completion. V. The following local development approvals are required for this project: I. Rezoning and Conceptual PD Plan approval. II. Preliminary PD Plan/Plat approval. III. Land Development Permit. IV. Final PD Plat approval. W. During the PDTND rezoning and Conceptual Planned Development Approval, the project's consistency with the Comprehensive Plan and LDRs was presented at public hearings to both the Indian River County Board of County Commissioners (BCC), and the Planning and Zoning Commission (PZC). Noting the project's consistency with the Comprehensive Plan and LDRs, both Boards voted to approve the rezoning and conceptual plan. 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of. e-tt bew/ , Mo" --oro Print Name: K' erly K. Moirano Address: 1801 27th Street Vero Beach FL 32960 i Print name: N1a„ra �tnkP� Adress: _ 1801 27th Street Vero Reach, FT, 32960 Appr ve Jkfn A. Titkanich, Jr. County Administrator Approved as to Form and Legal Sufficiency: Susan J. Prad , uty orney STATE OF FLORIDA COUNTY OF INDIAN RIVER BOARD OF COUNTY COMMISS INDIAN RIVER COUNTY, FLOR am oseph E. Flescher, BCC Approved: Attest: Ryan L. Butler, rk of the Circuit Court and Comptroller The foregoing instrument was acknowledged before me by mean of physical presence this y'h day of Drm,,, , 2024, by Joseph E. Flescher, as Chairman of the Board of County Commissioners, who is personally known to me or who has produced as identification. (Notary Seal) IUMBERLY K MOIRANO _* �? MY COMMISSION 9 HH 368126 ;�i� o' o� •' EXPIRES: Apt19. 2027 8 Printed Name: Kimberly K. Moirano My Commission Expires: April 9, 2027 Signed, sealed and delivered in the Dresenct of -.h Print Name: W P J 15*4 &tc.3a943 Print Name: 121,6 yf It '-LtJ�•p � STATE OF NORK /k r COUNTY OF IZt vim, n� PROVIDENCE POINTE VERO BEACH, LLC a. The foregoing instrument was acknowledged before me this / day of ecem i3 i' e 2024, by -So 5eP In 7- a o r % I -r- 'the General Partner of The Barile Family Limited Partnership, the Managing Member of Providence Pointe Vero Beach LLC, a Florida limited liability company, who is personally known to me or who has pr duced as identification. i'* ►i,.BRUCE BARKETT MY COMMISSION 8 HH 120790 � o? EXPIRES: April 22, 2025 BorW T1uu Notary Public Undenmlers Print Name: (Notary Seal) Notary Public My Commission Expires: [Please fill in above] LEGAL DESCRIPTION: PARCEL #1: THE EAST 5 ACRES OF TRACT 2, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 4.88 ACRES, MORE OR LESS. PARCEL #2: THE WEST 5 ACRES OF THE EAST 10 ACRES OF TRACT 2, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 4.89 ACRES, MORE OR LESS. PARCEL #3: THE WEST 5 ACRES OF THE EAST 15 ACRES OF TRACT 2, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 4.89 ACRES, MORE OR LESS. PARCEL #4: THE WEST 5.48 ACRES OF THE EAST 20.48 ACRES OF TRACT 2, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 5.34 ACRES, MORE OR LESS. PARCEL#5: THE EAST 5 ACRES OF THE WEST 20 ACRES OF TRACT 2, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 4.89 ACRES, MORE OR LESS. PARCEL #6: THE EAST 10 ACRES OF THE WEST 15 ACRES OF TRACT 2, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 9.77 ACRES, MORE OR LESS. PARCEL#7: TRACTS 1, 7 AND 8, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; ASID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY." SAID PARCEL CONTAINING 113.27 ACRES, MORE OR LESS. 1 OF 2 I EXHIBIT 'A' NTS "PROVIDENCE POINTE" PARCEL "A' A PORTION OF LAND LYING IN SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: THE SOUTH 300 FEET OF THE EAST 104 FEET OF TRACT 3, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL CONTAINING 0.72 ACRES, MORE OR LESS. PARCEL "B" A PORTION OF LAND LYING IN SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: THE WEST 106 FEET OF THE EAST 210 FEET OF TRACT 3, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 3.15 ACRES, MORE OR LESS. PARCEL "C" A PORTION OF LAND LYING IN SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: TRACT 6 LESS THE NORTH 5 ACRES OF THE WEST 20 ACRES OF TRACT 6, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT ROAD RIGHTS OF WAY SAID PARCEL CONTAINING 34.52 ACRES, MORE OR LESS. OVERALL PARCEL CONTAINS 186.32 ACRES, MORE OR LESS. SCHULKE, BITTLE & STODDARD, L.L.C. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING CERTIFICATION OF AUTHORIZATION NO.: 00008668 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960 TEL 772 1770-9622 FAX 772 / 770-9496 EMAIL info@sbsengineers.com P.XH.WlT `B"•T0 DEVXL 0PEX'S-Alin L ILNT SKETCH t)F LEGAL OESCRIP TION (NOT A SURVEY) EXHIBIT "B." f DETAIL. OF_ T un+E' mPTSace 6 I UR crr tA a o ! j ;1 O f SUBJECT PARCEL y *a1'I �Orn log ogco ('c y I i'm £AsruNt mAcr s ecAsr iw TRacr 3 ;os lU7SrIN£ TRACT? 1TL�5TdINE.rrAQT? m rwrbi5' N Nto .y rq N .Q -C % N Zl 'yb z IQ 'A6-1 lu • O N m p O V. 1V. 1N rj o r S` !I m I . n Imo. , Ql £ASrUN£ fRAor i EAST UNE mer o p c'i. KrSTLAtJf TRACE 8' �LI�"FRAL All w^° n� CD Dopi-N 10 g ~ N r,: 6. m �' 4p.0A Z n �' cl mo�i~' m I N mS 007:3 4W � 2434.63'o4' £ OA5 OF..iHAYE. Y CY2 613 o 00 .. m z a T`� rn f N`t oIA �1 a_e ymm R A' GRAPHIC SCALE SKETCH .OF z(ow. M 0 300 goo DESCRIPTION { .JN. FEET SKETCH OF LEGAL DESCAYP7701V 1 :inch = 600 ft. Nor A 6ounIDAR1' suRyEr PLAT OF .SURVEY FM INDIAN RIVER COUNTY PROJ.. NO. 1.2' -029 -PP -ROW DATE: 08-2:7-14 DWN. BY: C.H.B. MERIDIAN CKD. BY; S.P.T. LANGURVLY.c RB THIS PLAT: AND REPORT. ARE NOT VALID WITHOUT 714ESIGNATURE AND THE ORILTNnL 1.717 TND1ANltjVER.Dt.VD,Sn rrEN11 RAISED :SEAL OF; THE .FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON VERO BEACH, EL =60 LAN690S TROT?¢: M-794.1217. FAX! 772-704096 YrH1CN' SIGNATURC AND :SEAL ,MAY BE. FOUND AT THE END. OF THE ATTACHED REPORT. r-MAJ .; LJ30VUs{alt>:LLsub7;m.NcT r,.THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER. � I✓, SKETCH OF LEGADESCIRIPTI ON (NOT A SURVEY) ?epa.rt of Survey: (Project # 12--02:9—PP--RO.W • TYPE. OF SURVEY: SKETCH OF DESCRIPTION NOT A F.IELCI 80UNDARY SURVEY • THIS SURVEY PERFORMED. BYi HOUSTON, SCHULKE,.BITTLE "' STDDDARD, INC. L,B.#6905 d;b,o..MER10rAN LAND SURVEYORS 1117 INDIAN RIVER BOULEVARD, SUITC201 VERO BEACH; FLORIDA 32960 + PROFESSIONAL SURVEYOR &. MAPPER IN. RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M.-.J5755 EXHIBIT "B" Legal Desuiption: A PORTION OF SECTION 20, TOWNSHIP 32 -SOUTH,' RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN. RIVER FARMS COMPANY SUBDIVISION,,AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; .SAID:LAND NOW BOOK. BEING 1N INDIAN RIVER. COUNTY, FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 20, TOWNSHIP32 SOUTH, RANGE.39:EAST; THEN.CE.RUN.S 00013'24"W (BASIS OF BEARINGS) ALONG. THE EAST LINE OF SAID SECTION..20,.A DISTANCE OF 30,00 FEET; THENCE RUN S 88"45'49"W, A DISTANCE OF 1:05.00 FEET;.THENCE RUNS 48'00.'24"E, A DISTANCE OF. 56.34 FEET TO A POINT BEING 65.00 FEET'WEST OF THE.AFORESAID.EAST LINE OF SECTION 20;. THENCE RUN S 00°13'24"W; A DISTANCE OF 2454.63FEET ALONG ALINE BEING65.00 FEET WEST OF AND PARALLEL WITH THE SAID EAST LINE OF SECTION 20 TO THE POINT OF BEGINNING; THENCE. RUN S 45'04'08"W, A.DISTANCE''OF' 56.81 FEET TO A POINT BEING: 90,00 FEET NORTH:OF THE QUARTERSECTI.ON LINE O.F SAID SECTION 20; THENCE RUN S 89°48'42"W ALONG A.LINE 90.0Q FEET NORTH .OF AND PARALLEL WITH%SAID QUARTER SECTION LINE, A DISTANCE OF: 3.272,71 FEETTO THE WEST LINE OF TRACT 6, SECT.ION20-32-39.THENCE:RUN 5 00'09'28`'W ALONG SAID WEST LINE OF TRACT 6,A DISTANCE OF 60.00 FEET TO A POINT.BEING 30.00:FEET NORTH OF THE QUARTER SECTION LINE OF SAID. SECTION 20; THENCE, LEAVING. SAID WEST LINE.OF TRACT 6, RUN N..89 -48'42"E ALONG A LINE BEING $0,00 FEST NORTH. Or AND PARALLEL WITH THE QUARTER SECTION.LINE OF SAID SECTION 20,.A DISTANCE OF 1328.20.FEET; THENCERUN N 00°10`48"E, A DISTANCE OF 50:00 FEET TO A POINT BEING 80.00 FEET NORTH OF SAID QUARTER. SECTION LINE OF SECTION 20; THENCE RUN N.89°4842' E ALONG A LINE BEING 80,00 FEET NORTH OFAND PARALLEL WITH SAID QUARTER SECTION LINE OF SECTION 20, A DISTANCE OF 2591.40 FEET; THENCE RUN. N 00"13'24"E,'A DISTANCE OF'50.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2.44 ACRES MORE OR LESS. Legend & Abbreviation.s: (symbols not scaleable for size) PLS - PROFESSIONAL LAND SURVEYOR CR COUNTY ROAD PSM - PROFESSIONAL SURVEYOR & MAPPER R/W - RIGHT .OF' WAY LB. - LANO SURVEYING BUSINESS O,R,B.: - OFFICIAL .RECORD BOOK tE - .CENTERLINE, P.O.C. - POINT OF COMMENCEMENT M - MEASURED VALUE: P,O.B - POINT OF BEGINNING (P) — PLAT VALUE SKETCH OF .DESCRIPTION SKEICH OF LEGAL DESCRIP770M PLAT OF SURVEY FOR:. INDIAN RIVER.. COUNTY NOT A SQUALDARY SURVEY THIS SURVEY 15 HOT VALID WHOUT THE �Si6NAURE AND THE ORIGINAL RA15ED SEAL OFMERIDIAN THE'FL10RIDA LICENSED SURVEYOR AND MAPPER LAND SURVEYORS N4VEb BELOW 17,97 INDIAN RWIM OLVD. SUITE 201, y VCTtO BC.S Cki; FL. 9Z9Gtl I:Bl/G90s �-tili" 1 HONR::772'-794-1213, FIS*:: 772-794-1005 CHARLES H.. BLANCHARD. P:S.Ai, 15755 E-MAIL: LBG905ci BEL.LSOLItkI.NET EXHIBIT "C" TO DEVELOPER'S AGREEMENT (Page 1 ort) SKETCH OF LEGALDESCRIPTION (NOT A SURVEY) .SR9'45'49"W 105.00' 1 POINT F C(y��,�' T NQRJHPASi CORNFR SEC -20 -.n -JF �) ( 7% SONO!t� IRACf16 POINT OF I 00'13'24"W 30.00' " 7I SIXIM LWr i'tT:O01/,r BEGINNING MytPAcIceRm v S89'45'49"W 65;00' t70• NL17M Ice f 545'00'24"E 56.54.'. 46"SfAT£4Vrt OR/0A 40'.5741£ Or IfOR19A DMARNI£RrV Oli'ARLVFNr Or I 7RAN-10WiAROH IRANVM,rAMY STAir MO S-305rR AVOW 5WT RM0 S -SOS -A a 8110.. COONIY AWN R11M CMfY p sFcnaN 88550-2801 SFCRON dd550-?601 I u. Ivl l{( < h ;wsr Ta' of mir EASE 5A' I £ASEMENr M FP.R L. I OF,97CM4 .R£COROS COOK SO4 Pa 147 11"AN RIVER u� COUNTY, FG FAST tIAlF SECRAN 157 65' Nf71PNfYACf RQAO �5' NtC4?!IY ACT ROAD . RESERI'AR0.9-an QpLII'S4 141SFRM.ow-OEEO 8"6a AICC",,i.VNMI NZ CAW ' PACE.U.'PARRAlM4AX.4fO TRAGr T orEO BOOK 1761.' PA6E72f2 BOAT' fru. ARX .1242 WMN IROMN vAt `C(K1NIY, IL09OA I . R X0 t1XR rr 11Q90A SII' >k S 41 tly{ 0cCf 1 - — A�s4Rr . . I g 1 SUBJECT PARCEL I 1.47ACRES 1#0': WD£ ORIGINAL ROAD' RFSE7?V4 MON EAST,tK1E :IRACf B I ' t7RlLYNAL £AST /TOAD RFS£RVA7TON UNE' { (I R.r:O, 0 ALAPSJ TRACT K li 65.00 � ll VMFH'SQ00` I j OF Af£ s uni 8000' , I ADOITIOVA; ,R.0,W. " N59'48'42"E 25.00' O.R.B.Y 770, PC 2J71 I,R.CQ, FL. —� OUARTFR SECIJLW LINE SECRON.70 �_ c S A - AL ,Do GRAPHIC SCIALE ,00 SKETCH OF DESCRIPTION SKETCH: GIF LEGAL DESCRIP77ON North (.IN ' FEET 1 inch =300 #t. 1407 A &OUNDARY SURVEY PLAN' OF 'SURVEY FOR: INDIAN RIVER COUNTY P.RU NOi 12--02958TH--ROW DATE: 08--27-14 OWN..BY: CRB. Ni ERI D:IAN CKD. BY: S.P.:Ti qND SURV..EYORS' TWS.FUT AND REPORTARE NOT VALID WITHOUT THE SIGNATURE. -AND THE ORIGJNAL.1717.THDIARRTYgnDLYD,SVITE.201. RAISED SEAL:OF THE FLORIDA REGIVERED SURVEYOR AND. MAPPER NAMED HEREON VE1t086.1CH,FL.77901006905 WdICH SIGNATURE AND SEAL 6tAY DE FOUND AT THE END OF THE.,ATTACHED REPORT. PHONE: 772.794.1713, PAN -777-747.1646 THE PLAT AND REPORT ARE Nor FULL.AND-COMPLETE 541THOUT 914E ANOTHER. ><h1AIL:.L66)USM1DELl5VtlTH7:67 PAGE 1 Or 2 EXHIBIT"C" TO DE'VELOPER'S AGREEMENT (Page2 of 2) SKETCH OF LEGAL. DESCRIPTION (NOT A SURVEY) Report of Survey: (Project # 1:2-029-58TH—R.OW TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY • THIS SURVEY PERFORMED BY: HOUST014 SCHULKE, BITTLE &. ST0DDAR0, .INC., 'L.8:#b905 d.b.a. MERIDIAN. LAND SURVEYORS 1717. INDIAN RIVER BOULEVARD,. SUITE 201 VERD BEACH, FLORIDA 32960 • :PROFESSIONAL SURVEYOR & .MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. #5755 Legal Description:. A.PORTION OF SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED.. IN. PLAT BOOK 2, PAGE 26, PUBLIC.RECORDS OF ST:. LUCIE COUNTY, FLORIDA, NOW LYINGAND BEING IN INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE, NORTHEAST CORNER OF SECTION 20, TOWNSHIP 32 SOUTH,. RA14GE 39: EAST; THENCE RUN S 00.13'24"W (BASIS OF BEARINGS):ALONG THE EAST LINE OF SAID SECTION 20,_A DISTANCE OF 30:00 FEET; THENCE RUN S 89"45'49"W, A DISTANCE OF 105.00 FEET TO THE POINT OF BEGINNING; THENCE., RUN S 45°00'24"E, A DISTANCE OF 56:34 FEET TO A POINT BEING .65.00 FEET WEST OF THE AFORESAID EAST LINE OF SECTION:20, THENCE RUN S 00°13'24"W; A DISTANCE OF 2504.62 FEET ALONG A LINE BEING 65.00..FEET WEST OFAND PARALLEL WITH THESAID EAST LINE OF .SECTION; 20; 'THENCE RUN N89748'42"E, A.DISTANCE OF 2500 FEET TO A POINT BEING 40.00 FEET WEST OF THE EAST' EINE OF SAID SECTION 20; THENCE:RUN N 0D°13'24"E ALONG A LINE BEING 46.00 FEET WEST OF AND PARALLEL WITH SAID EAST LINE OF SEC'fION.20, &DISTANCE OF 2544.64 FEET TO.:A POINT BEING 30.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 20; THENCE RUN S'89°45.49"W ALONG i4 LINE BEING 30.00, FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION.20,.A DISTANCE OF 65.00 FEETTO THE POINT OF BEGINNING. SAID PARCEL CONTAINING. 1.48.ACRE'S MORE OR.LES$: Legend & Abbreviations: (symbols not scaleable for size) PLS — PROFESSIONAL LAND.. SURVEYOR PSM PROFESSIONAL SURVEYOR & MAPPER LB LAND SURVEYING BUSINESS T — CENTERUNE ((M)) — MEASURED VALUE' (Pi — PLAT VALUE SKETCH OF DESCRIPTION CR — COUNTY ROAD R%W.' " AIGHT. ',OF 'WAY O.R:B. — OFFICIAL RECORD BOOK P,O;C. — POINT .OF COMMENCEMENT P,016 — POINT OF BEGINNING .SKETCH OF LEGAL DESCRIP77ON NOT A BOl1N04RY SURVEY PLAT OF SURVEY FOR: INDIAN RIVER COUNTY.. _ P �� iHlg 5ilRV@Y IS TQT!VAL! .'WHOUT THE p r lrA N I� I ME �, - StGNAT)JRE N G IRE ORIGINAL Rht5f0 SEAL OF i.i. ■ LAND SURVEYORS 'THE F(0JWA'UCMM RRWYOR ANO MAPPER 1717 INPfAN RIVER BLVD, SUITE 201 . VERO BEACH, .FL. 3.2960 LBAF6905 PHONE: 772-794-1213,1?AJX: 772.-794-1096 CHARLES •N,-BLANChARk P;S.M. #5755 E-AIAIL; LBG905Ca1BELLSOLITRNE'C _ .. P Bruce D. Barkett 5 Jonathan D. Barkett Lisa Thompson Barnes' e Gregg M. Casalino' Aaron V. Johnson Taylor Kennedy Lubas " C. Douglas Vitunac Jessica F. Hernstadt Paul O'Neil Megan N. Root OF COUNSEL George G. Collins, Jr.' Ralph L. Evans Michael J. Garavaglia 4 Steven L. Henderson' P. Todd Kennedy � Calvin B. Brown (1968-2024) William W. Caldwell (1964 - 2023) December 20, 2024 Zt50 Y E A R S COLLINS BROWN BARKETT ATTORNEYS AT LAW 756 Beachland Boulevard Vero Beach, Florida 32963 Post Office Box 643686 Vero Beach, Florida 32964-3686 DAILY COURIER DELIVERY TO: Susan J. Prado Deputy County Attorney Indian River County Office of the County Attorney 1801 27th Street Vero Beach, Florida 32960 In Re: Restated and Amended Developer's Agreement between Indian River County and Providence Pointe Vero Beach LLC RECEIVED DEC 2 0 2024 Indian River County Attorney's OffiC8 1. Board Certified Real Estate 2. Master Of Laws Taxation 3. Master Of Laws Real Property Development 4. Master Of Laws Estate Planning & Elder Law 5. Certified Circuit Mediator 6. Also Admitted In The Commonwealth Of The Bahamas 7. Master Of Business Administration Dear Susan: Enclosed is the fully executed original Agreement recorded in Official Record Book 3744, Page 619, Public Records of Indian River County, Florida on December 18, 2024. ery truly yo rs, BRUCE BARKETT BB:sm Encl. PHONE: 772.231.4343 1 FAX: 772.234.5213 1 WWW.VEROLAW.COM REAL PROPERTY LAW & REAL ESTATE CLOSINGS - PLANNING, ZONING, LAND USE LAW - WILLS, TRUSTS, & ESTATE PLANNING CIVIL & BUSINESS TRIAL PRACTICE - CORPORATE & BUSINESS ORGANIZATION • CONSTRUCTION LAW - CONDOMINIUM & HOA LAW • GUARDIANSHIP PERSONAL INJURY & WRONGFUL DEATH - PROBATE & TRUST ADMINISTRATION - DIVORCE & FAMILY LAW • TAX LAW STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10124 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: - Awarding Agency: Florida Department of Transportation State Project Title: Public Transit Block Grant Program CSFA Number: 55.010 *Award Amount: $751,317 *The award amount may change with amendments Specific project information for CSFA Number 55.010 is provided at: https://apps.fldfs.com/fsaa/searchCataloo.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.010 are https://apps.fldfs. com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx provided at: Page 26 of 26