HomeMy WebLinkAbout2025-252Record and Return To:
Logan F. Wellmeier, Esq.
Dean, Mead, Minton & Moore
1903 S 25th Street, Suite 200
Fort Pierce, Florida 34947
(772) 464-7700
3120250055476
RECORDED IN THE PUBLIC RECORDS OF
RYAN L. BUTLER, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3817 PG 920 Page 1 of 20 11/7/2025 3 10 PM
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement") is entered into by and
between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (the
"County") and PULTE HOME COMPANY, LLC, a Michigan limited liability company
(hereinafter referred to as "Developer").
RECITALS
WHEREAS, the Developer owns and intends to develop certain real property located at
the southwest corner of 43rd Avenue Southwest and 13th Street Southwest in the unincorporated
area of Indian River County, Florida, as more particularly described in Exhibit "A", attached
hereto and incorporated herein by reference (the "Property"); and
WHEREAS, the County intends to provide certain assurances to the Developer with
respect to the development of the Property, in accordance with the applicable provisions of the
Florida Statutes, the Indian River County Comprehensive Plan, and the Indian River County Land
Development Regulations (the "LDRs"); and
WHEREAS, the LDRs specifically empower the County to enter into development
agreements with developers to facilitate the orderly development of real property in Indian River
County; and
WHEREAS, on November 15, 2022, the Board of County Commissioners (the "BCC")
granted special exception and conceptual PD plan approval for the Red Tree Cove PD.
Subsequently, through coordination with County staff, elements of the Red Tree Cove PD were
modified through the BCC's approval of a modified conceptual PD plan and special exception to
include 171 detached single-family homes, open space, drainage and facilities renamed as
"Emerson Oaks PD" (the "Project"); and
WHEREAS, the Project was approved for certain PD design guidelines with minimum lot
size, minimum building setbacks, and maximum building coverage, in return for road right-of-way
("ROW") dedications, off-site improvements (road paving, traffic improvements, and upsizing of
utility lines), and other public benefits, as further specified in Exhibit "C" attached hereto and
incorporated herein by reference (the "Design Standards"); and
WHEREAS, 71.93 acres of the Property are located inside the urban services boundary
(the "USB") and 4.80 acres are located outside of the USB; and
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WHEREAS, the Project is proposed to be constructed in three (3) phases as follows: (i)
Phase IA consists of the model home row and includes the development of seven (7) lots, the
construction of the Project's first entrance to and from 13`x' Street Southwest, and the adjacent
stormwater pond ("Phase 1A"), (ii) Phase 1B will include the development of seventy (70) lots,
the construction of the amenity center, and the construction/installation of sufficient infrastructure
to support this phase ("Phase 113"), and (iii) Phase 2 will include the development of the remaining
ninety-four (94) residential lots, the construction of the Project's second entrance to and from 17th
Street Southwest, and the construction /installation of the balance of the contemplated
infrastructure and utilities ("Phase 2") (Phase 1A, Phase 1B and Phase 2 are each referred to as a
"Phase"); and
WHEREAS, it is in the best interests of the County and its citizens that the development
of the Property be completed in a planned and orderly fashion as specified herein; and
WHEREAS, the Developer and the County have agreed upon terms and conditions
relating to the development of the Property, development rights, and benefits to the County and
the citizens of the County as specified herein.
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
herein and other good and valuable consideration, the Developer and the County enter into this
Agreement and do hereby agree as follows:
Section 1. Recitals.
The foregoing recitals are true, correct and incorporated herein by reference.
Section 2. Effective Date and Duration of Agreement.
Unless extended pursuant to the terms hereof, the duration of this Agreement shall be five
(5) years commencing on the day that this Agreement is fully executed by both parties hereto (the
"Effective Date"). Should the terms and time for development authorized hereby conflict with any
document, the terms and time frames of this Agreement shall prevail. The duration of this
Agreement may be extended upon mutual consent of the County and the Developer after two (2)
public hearings, consistent with Florida Statute.
Section 3. The Proiect.
The application for special exception and PD plan approval and all submissions, documents
and correspondence related to the proposed development of the Project, including (without
limitation) all traffic and environmental studies, are hereby incorporated herein as "Application
Materials."
A. Current Annlication Materials.
Attached hereto and incorporated herein as Exhibit "B" is the conceptual PD plan
(the "Preliminary Plan") depicting the proposed areas of development, the respective types of
development to be constructed on the Property and the buffers of the development on the perimeter
of the Property. The parties understand and agree that the attached Preliminary Plan and this
Agreement establish the maximum building density for the Project as well as the minimum
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landscaping, required drainage, open space and upland conservation easement buffer requirements.
For purposes of this Agreement, it is agreed that the Preliminary Plan accurately depicts the type
and density of development to be constructed on the Property.
B. Uses/Densities/Desien Guidelines.
i. Use. Development of the Project shall exclusively include residential use
and shall not exceed 171 single-family, single -story dwelling units as depicted on the Preliminary
Plan, as approved by the County.
ii. Density, The portion of the Property outside the USB is intended to be
developed as a stormwater pond and walking path and shall not be included in a calculation of
permitted density. The maximum allowed density is 3 dwelling units per acre according to the
Property's Future Land Use designation, but the Project proposes a density of 2.38 dwelling units
per acre.
iii. Design Guidelines. The Project's design guidelines shall conform to the
"Proposed PD Standards" shown on Exhibit "C", attached hereto and by this reference
incorporated herein.
iv. Perimeter Buffering. The Developer shall provide the following buffers
and opaque features around the perimeter of the Project:
Perimeter
Buffer Type & Width
Opaque Feature
North
Type `B" / 30' wide
6' combination berm & landscape
East
Type "B" / 30' wide
6' combination berm & landscape
South
Type "B" / 30' wide
6' combination berm & landscape
West
Type "B'_'. / GAJ' wide
6' combination berm & landscape
C. Dedication of Right of Way and Required Improvements.
The Developer shall provide the following within the Project as depicted on the
Preliminary Plan. Those traffic improvements constructed by the Developer pursuant to this
Agreement which are located outside of the Project (if any) shall ultimately be dedicated to the
County for its ownership and maintenance.
i. Right-of-way. Prior to issuance of a land development permit ("LDP") for
Phase IA, the Developer shall convey the following rights-of-way without compensation, as more
specifically set forth in the Preliminary Plan:
• 1311 Street Southwest:
o Thirty feet (30') of canal ROW for approximately two
hundred and seventy-two (272) feet of the Project's western
13th Street Southwest frontage to The Indian River Farms
Water Control District ("IRFWCD"),
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o Conveyance to the County of approximately 0.94 acres of
ROW for the realignment of 13th Street Southwest at the
intersection of 13th Street Southwest and 43rd Avenue
Southwest, as previously approved by the County through
the approvals for the Indrio Pointe PD (PD -23-04-
02/94101).
• 171h Street Southwest:
o One hundred feet (100) of ROW for the entire span of the
Project's 17th Street Southwest frontage to the County.
• 43rd Avenue Southwest:
o Fifty feet (50) of ROW of the entire Project's 43`d Avenue
Southwest frontage to the County.
*Developer shall be responsible for any prorated taxes due on the ROW at time of
dedication if any*
ii. Road Improvements. The Project's traffic impact study ("TIS") has been
reviewed and approved by County staff, which have required that the following improvements be
constructed along with Phases 1B or 2, as appropriate. The final design of the following off-site
road improvements will be reviewed in accordance with the requirements of the LDP for each
respective Phase and must be completed prior to issuance of a certificate of completion for such
Phase.
a) Phase 1B shall include the following improvements:
(i) Westbound left turn lane on 13' Street Southwest
into the Project's entrance, and
(ii) Southbound right turn lane on 43rd Avenue
Southwest at 13th Street Southwest, and
(iii) Northbound left turn lane on 43rd Avenue Southwest
at 13th Street Southwest.
iy An eastbound left and right turn lane on 13th St SW
at 43rd Ave during Phase 1B.
b) Phase 2 shall include the following improvements:
(v) Paving and drainage improvements on 17th Street
Southwest along the Project site's entire frontage,
and
(vi) Eastbound left and right turn lane on 17th Street
Southwest at 43rd Avenue Southwest.
iii. Payment of Fair Share for 171h Bridge. Prior to issuance of an LDP for
Phase IA, the Developer shall contribute its fair share of three and seven tenths' percent (3.7%) of
the cost of funding the future 17th Street Southwest bridge crossing the cost of which is estimated
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on the Preliminary Opinion of Probable Costs for the Indrio Pointe Bridge, attached hereto as
Exhibit "D" and by this reference incorporated herein. This payment shall be made to Indian River
County Board of County Commissioners and payment shall be coordinated with the Public Works
Director.
iv. Sidewalks. The Developer shall provide the following sidewalks as part of
the Project:
a) External sidewalks. An eight -foot (8) wide sidewalk shall
be constructed along the north side of 17th Street Southwest and the west side of 43rd Avenue
Southwest, for the projects entire frontage abutting those roads. The final design of these
sidewalks will be reviewed via the LDP for each respective project phase and must be completed
prior to issuance of a certificate of completion for each respective project phase. (see prelim
approval pg. 4. paragraph 12. B.)
b) Internal sidewalks. A five-foot (5) wide internal sidewalk
system shall be constructed along one side of the Project's internal streets.
All sidewalks located within the Project shall be designed and constructed in
segments, according to the percentage or amount of the sidewalks that are located within the
bounds of each Phase. Each such segment shall be 1.) designed and constructed to County
standards (including, without limitation, LDR 913.09(5)(b)2), 2.) subject to receipt of all required
governmental approvals, 3.) turned over to and maintained by a homeowner's association (a
"HOA"), 4.) included in the LDP for each Phase, 5.) constructed along with the construction of
improvements within each Phase, and 6.) completed prior to the issuance of a certificate of
completion for each Phase.
V. Streetlights. Streetlights to be located within the bounds of each Phase will
be 1.) specified in the LDP for each Phase, 2.) constructed along with the improvements within
that Phase, 3.) turned over to and maintained by an HOA and 4.) completed prior to issuance of a
certificate of completion for such Phase.
vi. Common Green Space and/or Recreation Area. The Developer shall
provide eight and forty-six one hundredth (8.46) acres, which is eleven percent (11%) of the site
as dedicated common green space and/or recreation area (the "Greenspace"). The Greenspace will
be composed of a clubhouse/amenity tract, several passive recreation/open space tracts, and the
native uplands set-aside tract. County staff has verified that the Greenspace will satisfy the
County's green space/recreation area requirements with respect to the Project. The portion of the
Greenspace located within the bounds of each Phase will be 1.) reviewed via the LDP for each
Phase, 2.) included in the construction of the improvements within that Phase, and 3.) completed
prior to issuance of a certificate of completion for such Phase.
D. Landscaping.
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The landscaping for the Project will be as depicted on the Preliminary Plan to the
extent possible. The Developer acknowledges that all landscaping must be completed in
accordance with the applicable provisions of the LDR. Developer must obtain Planning staff
approval of a final landscape and buffer plan prior to issuance of a LDP for each Phase of the
Project.
E. Wetlands.
County Environmental Planning staff has determined that no jurisdictional wetlands exist on the
subject site. Therefore, no wetlands criteria apply to the Project.
F. Upland Preserves.
Because the Property exceeds five (5) acres, the County's native upland set aside
criteria apply to the Project. Approximately seven and thirty-six hundredths (7.36) acres of intact
native upland plant communities exist on the Property, and the Project's set aside requirement is
one and one tenths (1.10) acres (15% of 7.36 acres). The applicant is proposing to set-aside one
and fifty-five one hundredths (1.55) acres of on-site native uplands in a single preservation tract
located in the center of the overall Property. The applicant must dedicate a conservation easement
in favor of the County over the 1.55 acres of on-site native uplands independently of and prior to
the recording of the final plat, ensuring that the conservation easement can be shown on the plat
with a reference by book and page.
G. Tree Preservation.
Most of the Project site is a former citrus grove and/or tree farm. Therefore, besides
the uplands set aside area and the vegetated area around the future community clubhouse, the
Project site does not contain any protected or specimen trees.
H. Utility Services.
The Developer will supply adequate public utility facilities and infrastructure to
serve the Project concurrent with the impact creating the need for such services, including, but not
limited to, potable water distribution, wastewater collection and solid waste disposal. The
Developer will work with all necessary governmental entities, including Indian River County, to
ensure that utilization of the constructed utility system will not adversely impact those utility
customers adjacent to the Project. The Developer must obtain all necessary governmental
approvals and permits prior to utilization of any potable water or wastewater collection utility
system constructed by Developer.
i. Potable Water Distribution and Wastewater Collection.
The Project will be served by public water and sewer service provided by County
Utility Services. The Developer will construct or cause to be constructed all necessary potable and
wastewater service infrastructure within the Project. During the development review process, the
Department of Utility Services required the Developer to upsize the water and wastewater service
lines that will serve the Project per the recommendation of the County's Master Utility Plan. In
lieu of a monetary reimbursement from the County, the Developer proposed this as a public benefit
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to other development projects located "downstream" of the Project, and the County agreed.
Therefore, the Developer will increase the size of the water main from 8" to 12" for 2,654 feet
along 43rd Avenue and the size of the sewer force main from 4" to 6" for 3,934 feet along 43rd
Avenue at no additional cost to the County. Upon completion all utility lines shall be turned over
to and accepted by the County pursuant to applicable County Code Requirements. Water service
and wastewater collection service shall be available to each area of the Project in adequate volume
prior to construction of each phase of development.
ii. Solid Waste Disposal.
There are no improvements required for the Project.
I. Stormwater Treatment Facilities.
The stormwater treatment facilities for the Project will be constructed as depicted
on the Preliminary Plan and as approved by the County. All stormwater runoff and drainage system
improvements within the Project will be: (1) designed and constructed to County standards; (2)
treated to minimum applicable St. Johns Florida Water Management District water quality
standards; (3) constructed or caused to be constructed by the Developer; and (4) maintained by a
HOA. The County will not be responsible for any construction or maintenance costs associated
with the stormwater drainage system within the Project. The system will be designed and
constructed so that there will be no outflow onto adjacent properties unless otherwise approved by
the County and other regulatory authorities and will be designed to protect adjacent surface waters
by use of best management practices and other innovative techniques.
The Project's conceptual stormwater management system includes a modified
Miami curb street design and four (4) separate wet stormwater management tracts to manage runoff
generated from the Project. The Project's stormwater system will also accept runoff generated by
the Project's off-site improvements. The Public Works Department has approved the conceptual
stormwater management plan and will review the detailed stormwater management plan with the
LDP for each respective Project Phase.
I Impact Fees and Credits.
Only those contributions by Developer that are NOT public benefits that were given
in exchange for approval of the PD Application by the Planning and Zoning Commission and the
Board of County Commissioners shall be given impact fee credits at the rates currently in effect at
the time of execution of this document, and consistent with the requirement for credit to be applied
on a dollar -for -dollar basis at fair market value pursuant to Florida Statute Section
163.31801(5)(a).
K. Concurrency.
As required under the County's concurrency regulations, the applicant has applied
for and obtained a conditional concurrency certificate for the Project. The concurrency certificate
was issued based upon a concurrency analysis and a determination that adequate capacity is
available to serve the Project. The applicant will be required to obtain final concurrency certificates
prior to issuance of building permits, in accordance with County concurrency regulations.
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L. Other Conditions of Preliminary Plan Approval.
Unless otherwise provided in this Agreement, Developer shall comply with all
conditions of approval set forth in the resolution granting the LDP for each phase, which conditions
are incorporated herein by reference.
Section 4. Indian River County Development Approvals.
All development permits approved or requiring approval by the County for
development of the Property shall be issued by the County in accordance with County regulations,
including but not limited to, the Comprehensive Plan, the LDRs, and the County Code of
Ordinances. The parties agree that this Agreement and the Preliminary Plan as approved by the
County will control and establish the density, intensity, bulk, height, setbacks, and the land uses
and structures allowed to be developed on the Property under this Agreement. For all elements of
the Project that are not specified herein or for all future adjustments or modifications, the parties
agree that such County regulations that are in existence and effect on the date of the execution of
this Agreement shall control and establish same. The Developer acknowledges that,
notwithstanding this Agreement, the Developer shall be required to apply to the County for any
additional development approvals other than those specified herein, including changing the zoning
designation, site plan review or subdivision plat approval, and shall be required to conform to all
other ordinances in effect at the time of said application that govern, including but without
limitation, environmental protection, trees, signage, traffic, utilities, concurrency, stormwater, and
drainage. Developer will pay all required fees and costs imposed by the County including impact
fees as set by local code in existence at the time of development approval. All applications for
building permits shall comply with the building code in effect at the time of application.
Notwithstanding anything to the contrary contained herein, the Preliminary Plan, as the same may
be amended pursuant to the terms hereof, and the Certificate of Capacity shall not expire so long
as a building permit is issued for the Project within the term of this Agreement or as provided by
the Indian River County Code of Ordinances.
Section 5. Other Development Approvals.
The Developer acknowledges and agrees that it may need permits and
authorizations from other state and federal agencies which are outside the scope of this Agreement.
In the event that any state or federal law is enacted after the execution of this Agreement that is
applicable to and precludes the parties from complying with the terms of this Agreement, then this
Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal
law.
Section 6. Consistency With Comprehensive Plan and Land Development Code.
A. Reservation of Dedication of Land for Public Purposes.
The parties acknowledge that the Developer is making the certain dedications of
land and improvements for public purposes as described herein and in the Preliminary Plan. The
parties agree that consideration for the above dedications has been given by the County in the form
of waivers or incentives requested by the Developer for approval of their PD project.
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B. Local Development Permits.
The following is a list of approvals required for the development of the land:
i. There is no requirement to modify the current Future Land Use designations
of Low -Density Residential -1 (L-1, 3 du/a) and Agriculture -1 (AG -1, up to 5 du/a).
ii. There is no requirement to modify the zoning classification, as the PD has
been approved as an overlay pursuant to §915.04(1)(B) of the Indian River County Code, which
permits the density of the underlying Future Land Use Designation.
iii. Prior to issuance of an Indian River County Land Clearing and Tree
Removal Permit or Exemption, the Agreement shall be executed by the Chair of the County
Commission and Recorded in the Public Records of Indian River County.
iv. Prior to construction Developer shall attain the following permits:
1) Preliminary Planned Development Approval, LDR 915.25
2) Land Development Permit, LDR 915.26
3) Type B Stormwater Permit, LDR 930
4) Right -of -Way Permit(s), LDR 312
V. Prior to issuance of a certificate of occupancy, Developer shall obtain a final
approved planned development plan in accordance with LDR 915.27 encompassing Chapters 913,
914 and 915 of the LDR.
vi. Any modifications to the approved Preliminary Plan shall be processed and
approved in accordance with LDR 915.28 encompassing Chapter 913, 914 and 915 of the LDRs. All
requirements of the Preliminary Plan, as the same may be amended, shall be satisfied before
commencement of development activity.
C. Consistency with Comprehensive Plan.
The County finds that the development permitted or proposed in this Agreement is
consistent with the Indian River County Comprehensive Plan.
D. Consistency with Land Development Code.
The County finds that the development permitted or proposed in this Agreement is
consistent with the Indian River County Land Development Code and Indian River County Code
of Ordinances.
E. No Precedent from Agreement.
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The County acknowledges and agrees that it is exercising its sound discretion in
this instance by entering into this Agreement to achieve mutual benefits that are particular and
unique to the circumstances underlying this Agreement. This Agreement shall in no way establish
a precedent or bind the County to grant similar approvals to third persons.
F. Compliance with Laws Not Identified in Agreement.
The failure of this Agreement to address a particular permit, condition, term, or
restriction shall not relieve the Developer of the necessity of complying with the law governing
said permitting requirements, terms, conditions, or restrictions. Any matter or thing required to be
done under existing ordinance of the County shall not be otherwise amended, modified or waived
unless such amendment, waiver, or modification is expressly provided for in this Agreement with
specific reference to the code provisions so amended, modified, or waived.
G. Applicable Laws and Subsequently enacted Laws
The local government's laws and policies governing the development of the land at
the time of the execution of the development agreement shall govern the development of the land
for the duration of the development agreement.
If state or federal laws are enacted after the execution of a development agreement
which are applicable to and preclude the parties' compliance with the terms of a development
agreement, such agreement shall be modified or revoked as is necessary to comply with the
relevant state or federal laws.
A local government may apply subsequently adopted laws and policies to a
development that is subject to a development agreement only if the local government has
held a public hearing and determined:
(a) They are not in conflict with the laws and policies governing the development
agreement and do not prevent development of the land uses, intensities, or densities
in the development agreement;
(b) They are essential to the public health, safety, or welfare, and expressly state
that they shall apply to a development that is subject to a development agreement;
(c) They are specifically anticipated and provided for in the development
agreement;
(d) The local government demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of the development agreement;
or
(e) The development agreement is based on substantially inaccurate information
supplied by the developer.
Nothing in this section shall be deemed to abrogate any rights of the Developer or the
County that may vest pursuant to common law.
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H. Conditions Necessary to Protect Health, Safety, and Welfare.
The conditions stated herein are deemed necessary to protect health, safety and
welfare of the citizens of Indian River County.
Section 7. Annual Review.
In accordance with the requirements of Section 163.3220, Florida Statutes
(hereinafter referred to as the "Act") the County shall review this Agreement every twelve (12)
months (each, an "Annual Review"), commencing twelve (12) months after the Effective Date.
The County shall begin the review process by giving notice, a minimum of ninety (90) days prior
to the anniversary date for the Effective Date, to the Developer of its intention to undertake the
Annual Review and the necessity for the Developer to provide the following:
A. An identification of any changes in the plan of development as contained in the
Preliminary Plan, or in any phasing for the reporting year and for the next year.
B. If the Preliminary Plan provides for phasing, a summary comparison of
development activity (1) proposed to be constructed and (2) constructed for the year.
C. Identification of undeveloped tracts of land that have been sold to a separate entity
or Developer along with their last known address and any contact information.
D. An assessment of the Developer's compliance with each condition of approval set
forth in this Agreement.
E. Identification of significant local, state and federal permits which have been
obtained or which are pending by agency, type of permit, permit number and purpose of each.
F. Description of progress on required improvements for each phase.
Any information required of Developer during an annual review shall be limited to
that necessary to determine the extent to which the Developer is proceeding in good faith to comply
with the terms of this Agreement. If the County finds substantial competent evidence that there
has been a failure to comply with the terms of the Agreement, the County may revoke or modify
the terms of this Agreement in accordance with the procedures set forth in Section 8 below.
Section 8. Remedies.
If the Developer or the County fails to carry out any of its covenants herein
contained, the County and the Developer shall be entitled to all remedies available at law or in
equity including, without limitations, the remedy of prohibitive injunction.
The Board may revoke or modify this Agreement if the Board determines through
its annual review of this Agreement, and based upon substantial competent evidence, that the terms
and conditions of this Agreement, including all amendments or extensions thereto, have not been
complied with. Prior to any revocation or modification of this Agreement, the Board shall hold
two public hearings consistent with the Act. At the public hearings, the Developer will be given
an opportunity to rebut the determination that the requirements of this Agreement, or any
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amendments thereto, have not been complied with. If the Board determines that revocation of this
Agreement is not necessary, the Board may amend the terms of this Agreement to provide for any
reasonable condition necessary to assure compliance with the requirements of this Agreement, and
any extensions or amendments thereto. The provisions requiring Board approval of any change in
the Preliminary Plan shall survive the revocation of this Agreement.
In the event the Board or the Developer is required to seek enforcement of the
provisions of this Agreement, the prevailing party shall be entitled to recover from the other party
all costs of such action, including but not limited to reasonable attorney's fees.
None of these remedies shall be deemed exclusive of one another, or exclusive of
any other remedy which the Court having jurisdiction deems appropriate. Such remedies shall be
granted either singularly, or in combination, to the extent necessary to achieve the intent of this
Agreement.
Section 9. General Provisions.
A. Nothing herein is intended to preclude the County from exercising its proper police
powers to protect the health, welfare, and safety of the public.
B. This Agreement shall be binding upon, and inure to the benefit of, all heirs,
successors and assigns of the parties hereto.
C. Any notice required or permitted under this Agreement shall be in writing and shall
be deemed to have been given, delivered and received when either (i) delivered in person to the
agents designated hereinbelow for that purpose, (ii) on the first business day after delivery to an
overnight courier (e.g. FedEx, UPS) as evidenced by the sender's copy, addressed as set forth
hereinbelow, or (iii) three (3) days after deposited in the United States Mail, by certified mail,
postage prepaid, return receipt requested, addressed to the other party. The addresses of the parties
are as follows:
As to the Developer: Pulte Home Company, LLC
Attn: Patrick Gonzalez
1475 Centrepark Blvd, Suite 140,
West Palm Beach, FL 33401
With a Copy to: Logan Wellmeier, Esq.
Dean, Mead, Minton & Moore.
1903 South 25th Street, Suite 200
Fort Pierce, Florida 34947
As to the County: Indian River County Board of County
Commissioners
Attn: County Administrator
1801 27`x' Street
Vero Beach, Florida 32960
And a copy to: Indian River County Attorneys' Office
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Attn: County Attorney
1801 27th Street
Vero Beach, Florida 32960
Notice sent to counsel for either parry hereto, in the manner of delivery provided for herein,
shall be effective as notice to such party. Any party hereto may, from time to time, give to the
other parry written notice, in the manner provided for herein, of some other address to which
communications to such party shall be sent, in which event, notices to such parry shall be
personally delivered or sent in the manner set forth hereinabove to such address. If a party is
represented by legal counsel, such legal counsel is authorized to give notice or make deliveries
under this Agreement directly to the other parry on behalf of his or her client, and the same shall
be deemed proper notice or delivery if given or made in the manner specified above.
D. This Agreement constitutes the complete and exclusive statement of agreement
between the parties with respect to the subject matter described. This Agreement also supersedes
all prior written and oral statements; no representation, statement, condition, or warranty not
contained in this Agreement has any force or effect.
E. This Agreement and the rights of the parties hereunder are governed by, interpreted,
and enforced in accordance with the laws of the State of Florida. Exclusive venue for any legal
action brought to enforce or interpret this Agreement shall be in the Circuit Court for the
Nineteenth Judicial Circuit, in and for Indian River County, Florida.
F. Common nouns and pronouns refer to the singular and plural. Any reference to
statutes or laws will include all amendments, modifications, or replacements of the specific
sections and provisions concerned.
G. All headings herein are inserted only for convenience and ease of reference and are
not to be considered in the construction or interpretation of any provision of this Agreement.
H. If any provision of this Agreement is held to be illegal, invalid, or unenforceable,
such provision is fully severable. Upon such event, this Agreement is to 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 will remain in full force and effect. If any portion
of this Agreement adopted pursuant to Chapter 163, Florida Statutes, is held or declared to be void
by a court of competent jurisdiction, the Agreement shall be deemed to be and enforceable as a
home rule developer agreement in accordance with Florida law.
I. This Agreement is made solely and specifically among and for the benefit of the
parties hereto and their respective successors and assigns; no other person has or will have any
rights, interest, or claims hereunder or be entitled to any benefits under or on account of this
Agreement as a third -parry beneficiary or otherwise.
J. This Agreement shall be recorded in the Public Records of Indian River County,
Florida by the Developer within fourteen (14) days of its final execution by the Chair of the County
Commission. This Agreement may be amended only by a subsequent written instrument entered
into and executed by the parties pursuant to the procedures and requirements of the Act.
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K. This Agreement may be amended or cancelled by mutual consent of the parties.
Prior to amending this Agreement, the Board shall hold two (2) public hearings consistent with the
requirements of the Act. No further development permits that would result in the generation of any
additional impacts affecting concurrency level of service will be issued until a final development
order has been issued. Any application for a final development order, except for a modification to
an existing building, structure, or site facility that does not require a new concurrency review, will
be subject to all applicable standards and regulations in effect at the time the application is filed.
Any application for final development order, for a modification to a building, structure, or site
facility built or constructed in accord with the terms of this Agreement shall be subject to any
applicable Indian River County construction standard or code in effect at the time the application
is filed. All applications for building permits shall comply with the building code in effect at the
time of application.
L. This Agreement shall be construed as the joint and equal work product of the parties
and shall not be construed more or less favorably on account of its preparation.
M. 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. Further, the fact that
this Agreement does not detail all laws, rules, regulations, permits, conditions, terms and
restrictions that must be satisfied to complete the development contemplated by this Agreement
shall not relieve any party, or its successors in interest, of the obligation to comply with the law
governing such permit requirements, conditions, terms, and restrictions.
N. All words, terms, and conditions contained herein are to be read in concert each
and 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.
O. Nothing in this Agreement shall be deemed or construed to be a waiver of the
County's Statutory Sovereign immunity.
(SIGNATURE PAGES FOLLOW)
14
595048 L 1
IN WITNESS WHEREOF, the parties have signed and delivered this Agreement, effective as
of the Effective Date.
Signed in the presence of:
Witness 1:
Signature: bMJ4
Print Name: AA&a A- (,ovV4413
Address: 1475 Centrepark Blvd, Suite 140
West Palm Beach, FL 33401
Witness 2:
Signature:
Print Name: /1�1e
Address: 1475 Centrepark Blvd, Suite 140
West Palm Beach, FL 33401
STATE OF FLORIDA
COUNTY OF PP,nn Q)CNQt
DEVELOPER:
PULTE HOME COMPANY, LLC, a Michigan
limited liability company
By:
Print am Gonzalez
Its: Vice President of Land Development
Date: 10/7/2025
The forgoing instrument was acknowledged before me by means of ✓ physical
presence or online notarization, this -14", day of 2025, by
FPwV-cam (-
zwr Z the of Pulte Home Wpm LLC. a Michigan limited
liability company, who is ✓��iYl o�vn o01e�o`rr Dw��b& p o7duced
as identification.
(Notary Seal)
Notary Public
My Commission Expires: 'Atas1 Z0:Zg
15
5950481.vI
St"V"'ej�
Printed Name: PmV YQ �� l
BCC Approved: NovE r 4, 2025
THE COUNTY:
"�ohitir�ss
INDIAN RIVER COUNTY Board= y.• •'•"
County Commissioners, a politic
subdivision of the
State of Flori
;r, Chairman ` �.......
ouN��'.=
Approved by: ATTEST: & Q'U/?a2&A0&
Ryan L. Butler, Clerk oft Circuit Court
and Comptroller
John A. Titkanic J . County Administrator
Print Name: Q
Deputy Clerk
APPROVED A )FORM AND LEGAL SUFFICIENCY:
Susan J. Prado, Esq., Deputy County Attorney
16
5950481.vl
Exhibit "A"
The Property
Parcel 1:
The West half of Tract 16 of Section 28, Township 33 South, Range 39 East, according to the last
general plat of lands of Indian River Farms Company, filed in the Public Records of St. Lucie County,
Florida, and recorded in Plat Book 2, Page 25. of said records; said lands now lying and being in Indian
River County Florida.
Parcel 2:
The North 1/2 of the East 1/2 of Tract 16, Section 28, Township 33 South, Range 39 East, according to
the last general plat of lands of the Indian River Farms Company filed in the Office of the Clerk of the
Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; said lands now lying and being in
Indian River County, Florida. Less and except road right of ways of record.
Parcel 3:
The South 1/2 of the East 1/2 of Tract 16, Section 28, Township 33 South, Range 39 East, according to
the last general plat of lands of the Indian River Farms Company filed in the Office of the Clerk of the
Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; said lands now lying and being in
Indian River County, Florida. Less and except road right of ways of record.
Parcel 4:
The South 675.00 feet of the West 1/2 of Tract 9, Section 28, Township 33 South, Range 39 East,
according to the last general plat of lands of the Indian River Farms Company filed in the Office of the
Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; said lands now lying
and being in Indian River County, Florida.
Parcel 5:
The East 1/2 of Tract 9, Section 28, Township 33 South, Range 39 East, according to the last general
plat of lands of the Indian River Farrns Company filed in the Office of the Clerk of the Circuit Court of
St. Lucie County, Florida, in Plat Book 2, Page 25; said lands now lying and being in Indian River
County, Florida. Less and except road right of ways of record.
Parcel 6:
The West 1/2 of Tract 9, Section 28, Township 33 South, Range 39 Fast, according to the last general
plat of lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of
St. Lucie County, Florida, in Plat Book 2, Page 25; said lands now lying and being in Indian River
County, Florida. Less and except the South 675.00 feet thereof.
Parcel 7:
"lyre North 771.50 feet of the East 272.00 feet of Tract 10, Section 28, Township 33 South, Range 39
East, according to the last general plat of lands of the Indian River Farnms Company filed in the Office
of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; said lands now
lying and being in Indian River County, Florida
17
5950481.1
Lh
U
O
A
00
OFF -SITES
TIED TO PH 2
PHASE 2
BRIDGE CONTRIBUTION
PHASE 1A _.
HE= 111
PHASE 1 B
- � r
r�
�, j•-.•. -. v» �`-jam ��rl,
OFF -SITES
TIED TO PH 1E
ATTACHMENT #3
t.W EMERSON OAKS PD - PRELIMINARY PLAN pA �. -
Exhibit "C"
Design Standards
Development
Parameter
A-1 Minimum RS -3 Minimum Proposed PD Standards
Standards Standards
150' 80' 65' 50'
200,000 SF 12,000 SF $1450 SF 6,500 SF
Lot Width
Lot Size
Building Setbacks:
Front 30' 25' 20' 20'
Side 30' 15' 7.5' 5'
Rear
30'
25'
15'
15'
Pools (water line):
Front
30'
25'
20'
20'
Side
30'
15'
10'
7.5'
Rear
10'
10'
6'
6'
Pool decks, decks, or screen enclosures:
Front
30'
25'
15'
15,
Side
30'
15'
7.5'
5'
Rear
10'
10'
5'
S'
Accessory structures (e.g. sheds, pergolas)
Front
30'
30'
30'
25'
15'
15'
Side I
I
15'
5' I
5'
Rear
25'
�
5'
i
5'
Maximum Building
Coverage
20%
30%
500/0
50%
Minimum Open Spare
Per Lot
60%
40%
20%
200/0
19
5950481.0
Exhibit "D"
Opinion of Costs
Kimley >Horn
PROJECT: Indrio Pointe Bridge (3.7% COST SHARE FOR EMERSON OAKS)
CLIENT: Pulte Home Company, LLC
Date: 2025106/11
PRELIMINARY OPINION OF PROBABLE COSTS
INDRIO POINT BRIDGE
The Engineer hes no control over the cost of labor, matenals, equipment or services furnished by others, or over the Contractor's methods
of determining prices, or over competitive bidding or market conditions. Opinions olprobabie costs provided herein are based on the
Information known to Me Engineer of this time and represent only the Engineer's judgement as a design professional familiar with the
construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs win not very from lts
opinion of probable costs.
NOTES:
1. THIS OPC IS NOT BASED OFF OF A CONCPETUAL PLAN AND IS PRELIMINARY IN NATURE.
2. THI5 PRELIMINARY OPC ASSUMES A STANDARD 2 -LANE VEHICULAR BRIDGE OF -1D0' TOTAL SPAN
LENGTH CROSSING THE IRFWCD CANAL ON THE EAST SIDE OF 43RD AVE SW ADJACENT TO THE
INTERSECTION OF 13TH AVE SW AND 43RD AVE SW IN INDIAN RIVER COUNTY
DESCRIPTION
UNIT
PROJECT
OUANTITY
UNIT
COST
PROJECT
COST
BRIDGE PAY ITEMS
MOBILIZATION/ 00.1081L11AiI L'N
LS
i
SI DU.:UU. LIU
I,, UL: UW1Ax
MAINTENANCE OF TRAFFIC
LS
I
525,000.00
$26,000.00
PREVENTION, CONTROL E ABATEMENT OR EROSION 6 WATER POLLUTION
LS
I
S30,OD0.DO
$30.000.00
CONSTRUCTION LAYOUT I RECORD DRAWING
LS
1
$15,000.00
$15.000.00
STANDARD CLEARING b GRUBBING
LS
1
525,000.00
$25.000.00
REGULAR EXCAVATION
LS
I
515,000.00
$15,000.00
EMBANKMENT
LS
1
$15,ODD_00
$15,D00.00
RIPRAP
CY
250
$415.00
$103.750.00
UTILITY PIPE F31 PVC WATER MAIN
LF
100
$150.00
$/5,000.00
UTILITY PIPE FLI PVC SEWER MAIN
LF
100
$15000
$15,000.00
CONCRETE CLASS 2 APPROACH SLABS
CY
12
$750.00
$8,000.00
CONCRETE CLASS 4 BRIDGE SUBSTRUCTURE
CY
45
$1,5DO.00
$72,000.00
CONCRETE CLASS 4 CAST IN PLACE TOPPING WITH SHRINKAGE REDUCING ADMIXTURE
CY
60
$1,500.00
$WD00.O0
PLAIN NEOPRENE BEARING PADS
CF
5
$1,100.00
55,500.00
PENETRANT SEALER
GA
50
$60.00
$4.000.00
CLEANING AND SEALING CONCRETE SURFACES - PENETRANT SEALER OR METHACRYLATES
SF
2500
$2.00
$5.000.00
RE94FORCING STEEL -BRIDGE SUPERSTRUCTURE
LS
12000
$325
$39,D00.00
RENFORCIJG STEEL - APPROACH SLABS
LS
2500
$325
58.125.00
STAINLESS REINFORCING STEEL- SUBSTRUCTURE
LB
4000
$825
$33,000.00
PRESTRESSED BEAR: FLORIDA SLAB BEAM - BEAM DEPTH 12' CARBON STEEL WIDTH 48.51"
S00
$360.00
$175.000.00
-LF
PRESTRESSED CONCRETE PILING. INCLUDES 1009E DYNAMIC TESTING, SIZE 18' SO Wl FRP OR STAINLESS
STEEL STRANDS AND REINFORCING
LF
950
S240.00
5228.000.00
BRIDGE DECK EXPANSION JOINT - NEW CONSTRUCTION - F31 POURED JOINT W/ BACKER ROD
LF
75
$95.00
$7,126-00
BULLET RAIL- SINGLE RAIL
LF
250
$45.00
$11.250.00
CONCRETE TRAFFIC RAILING - BRIDGE - 32' VERTICAL FACE
LF
3DO
5782-00
554.600.00
CONDUIT - FURNISH b INSTALL - EMBEDDED CONCRETE BARRIERS AND TRAFFIC RAILINGS
LF
650
$15DO
58,750.00
JUNCTION BOX - FURNISH h INSTALL - EMBEDDED
EA
4
SOW.00
53100.00
SOHO
BRIDGE SUB - TOTAL • $1.118.300.00
CONTINGENCY 309E S335.790-00
TOTAL • $1,455.090.00
3.7% OF TOTAL COST TO BE PAID BY PULTE $53.838.33
20
5950481.0