HomeMy WebLinkAbout2026-1733120260045273
RECORDED IN THE PUBLIC RECORDS OF
RYAN L. BUTLER. CLERK OF COURT
INDIAN RIVER COUNTY FL
BK. 3890 PG. 1393 Page 1 of 14 9/23/2026 2 48 PM
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT (this "Agreement") is entered into by and
between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (the
"County") and Gurukirpa Land Holdings , LLC, a Florida limited liability company (hereinafter
referred to as "Developer").
RECITALS
WHEREAS, the Developer owns and intends to develop certain real property located at
9055 17th Place, unincorporated 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, 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 this
Developer's 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 recorded in the public records of the
County (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.
A. Uses/Densities/Design Guidelines.
I. Use. Development of the Project shall consist of construction of an ice
manufacturing plant which shall include water and sewer utility extensions from 90th Avenue to
17th Place cul-de-sac, providing adjacent lots consisting of commercial and light industrial use
with the opportunity to connect to County utilities, as depicted on the Utility Plan, as approved by
the County. See Exhibit "B" for utility installation details.
ii. Density. The current zoning is IL, which means the maximum allowed
density is 6 dwelling units per acre; however, this project involves zero dwelling units.
B. Off -Site Utilities.
The Developer shall construct the necessary off -site utilities described herein as
approved by Indian River County Utilities Department. The County shall reimburse the Developer
for performing the installation of the off -site public utilities that benefit all lots within Pine Tree
Industrial Park as outlined below:
Part 1: 8 -inch Diameter Gravity Sanitary Sewer Main, Manholes, and
The Developer shall furnish and install an 8 -inch gravity sanitary sewer main from
the southwest corner of 90th Avenue and 17th place, run along the centerline of 17th Place, and end
at the west cul-de-sac of 17th place for approximately 832 linear feet, including three manholes
and five 6" sanitary sewer service stubouts. The connection at 90th Avenue and 17th Place is a core
into an existing manhole on 90th Avenue.
Reimbursement: Following the Developer's completion of the improvements,
based on Developer's actual cost of the improvements, which shall include, but not be limited to,
the following Developer pay items, receipts and invoices: engineering and design, permitting,
construction materials and labor, MOT/traffic control, surveying and staking, inspections/testing,
road, driveway, and shoulder restoration, contractor mobilization, utility coordination, as-builts
and certifications, and construction -related change orders,, the County shall reimburse the
Developer as each lot within Pine Tree Industrial Park pays to connect to the gravity sewer system
based on their fair share of the cost. Reimbursement shall be in the form of a check from the
County.
Part 2: 6 -inch Diameter Water Main & Fire Hydrants:
The Developer shall furnish and install a 6 -inch diameter water main, 2 fire
hydrants, and appurtenances from 90th Avenue to the west cul-de-sac of 17th Place, running along
the north right-of-way shoulder for a length of 890 linear feet.
Reimbursement: Following the Developer's completion of the improvements,
based on Developer's actual cost of the improvements, which shall include, but not be limited to,
the following Developer pay items, receipts and invoices: engineering and design, permitting,
construction materials and labor, MOT/traffic control, surveying and staking, inspections/testing,
road, driveway, and shoulder restoration, contractor mobilization, utility coordination, as-builts
and certifications, and construction -related change orders, the County shall reimburse the
Developer as each lot within Pine Tree Industrial Park pays to connect to the water main based on
their fair share of the cost. Reimbursement shall be in the form of a check from the County.
The DEVELOPER'S potential reimbursement is tabulated below:
Public Water Line Extension
PINE TREE
INDUSTRIAL
PARK SUB
LOT#
Existing
Parcel
Zoning
Existing Parcel Number
Parcel
Acreage
Parcel
ERUs
°/a of
Total
ERUs
Estimated
Reimbursement
from Connection
1
IL
33380300005000000001.0
1.0
N/A*
2
IL
33380300005000000002.0
1.0
1
14.3%
$21,428.57
3&4*
IL
33380300005000000003.0
1.0
2
28.6%
N/A
5
IL
33380300005000000005.0
1.0
1
14.3%
$21,428.57
6
IL
33380300005000000006.0
1.1
1
14.3%
$21,428.57
7
IL
33380300005000000007.0
1.0
N/A*
8&9
IL
33380300005000000008.0
1.0
1
14.3%
$21,428.57
10
IL
33380300005000000010.0
1.0
1
14.3%
$21,428.57
Total ERUs =
7
Estimated Total Cost =
$150,000.00
Developer's Share =
$42,857.14
Potential Reimbursement =
$107,142.86
Gravity Sewer Line Extension
PINE TREE
INDUSTRIAL
PARK SUB
LOT#
Existing
Parcel
Zoning
Existing Parcel Number
Parcel
Acreage
Parcel
ERUs
% of
Total
ERUs
Estimated
Reimbursement
from Connection
1
IL
33380300005000000001.0
1.0
N/A*
2
IL
33380300005000000002.0
1.0
1
16.7%
$63,333.33
3&4*
IL
33380300005000000003.0
1.0
1
16.7%
N/A
5
IL
33380300005000000005.0
1.0
1
16.7%
$63,333.33
6
IL
33380300005000000006.0
1.1
1
16.7%
$63,333.33
7
IL
33380300005000000007.0
1.0
N/A*
8&9
IL
33380300005000000008.0
1.0
1
16.7%
$63,333.33
10
IL
33380300005000000010.0
1.0
1
16.7%
$63,333.33
Total ERUs =
6
Estimated Total Cost =
$380,000.00
Developer's Share =
$63,333.33
Potential Reimbursement =
$316,666.67
*Developer owns Lots 3 & 4. Lot 1 is already connected on 90th Avenue. Lot 7 is the same development as Lots 8 & 9.
Reimbursement: The County shall reimburse the Developer pursuant to the
provisions of Section 201.11, The Code of Indian River County, for funds advanced by Developer
to construct oversized facilities as requested by Indian River County Utilities Department based
upon an equitable reimbursement formula using the service area and -use shown in Exhibit "B".
The County's obligation to make reimbursement to the Developer shall expire five (5) years from
the date the above referenced facilities are dedicated to and accepted by the County. The County
will reimburse the Developer as payment for connection to the system from other parties is
received and clears. Compensation shall be in the form of a check from the County any time one
or more of the parcels shown in Exhibit "B" connects to the lines and facilities described herein.
The reimbursement payment amount to the Developer for each parcel's connection shall be the
"Percentage of Total ERUs" listed in the table above multiplied by the actual cost of the
improvements, including design, permitting, materials, and installation. Reimbursement shall be
paid to the Developer within 30 days of the date one or more of the parcels connects to the lines
and facilities described herein. County agrees to notify the Developer each time such a connection
occurs, within 5 days of such connection.
C. Concurrence.
The applicant has applied for and obtained a concurrency certificate.
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. 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.
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. 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.
B. Consistency with Land Development Code.
4
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.
C. No Precedent from Agreement.
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.
D. 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.
E. 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
5
(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.
F. 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 Utility Plan as contained in the Utility Plan,
or in any phasing for the reporting year and for the next year. (N/A)
B. If the Utility Plan provides for phasing, a summary comparison of development
activity (1) proposed to be constructed and (2) constructed for the year. (N/A)
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. (N/A)
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. (N/A)
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.
6
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
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: Vipul Madaan
Gurukirpa Land Holdings, LLC
9055 17th Place
Vero Beach, FL 32960
As to the County: Indian River County Board of County
Commissioners
Attn: County Administrator
1801 27th Street
Vero Beach, Florida 32960
7
And a copy to: Indian River County Attorneys' Office
Attn: County Attorney
1801 27th Street
Vero Beach, Florida 32960
Notice sent to counsel for either party 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 party 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 party 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 party 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 -party 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.
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)
E
IN WITNESS WHEREOF, the parties have signed and delivered this Agreement, effective as of the
Effective Date.
Signed in the presence of:
DEVELOPER:
Gurukirpa Land Holdings, LLC, a Florida limited
liability company
Witness 1:
Signature: Print Name: L L 1Sh Pal,/ L
Address: 1 i5 35 jo
Vb
€sD
Witness 2:
Si ature: j.
v �---
Print Name: f-1 ►
Address: OS
Witness 1:
Signature: /D
Print Name: Llith. ✓K --t
Address: 5
Witness 2:
STATE OF FLORIDA
COUNTY OF Indian Dive✓
0
By: \�
Print Name: Vipul Madaan
Its: Member
Date: f�fT? Q2
By: LE4c-O
Print Name:Ekta Madaan
Its: Member
Date: 1 J ' '%O
The forgoing instrument was acknowledged before me by means of X physical presence or
online notarization, this 21 day of R L LLS - 2026, by Vipul Madaan and Ekta Madaan, as Authorized
Members of Gurukirpa Land Holdings, LLC', a Florida limited liability company, who are X personally known
to me or who have produced
(NotarySeal)
JESSICA HAWKINS
*. •" MY COMMISSION # HH 816991
'•''.}ofrio? ' EXPIRES: October 22, 2030
as identification.
Printed Name: JeS5 (G f i1wlGin S
Notary Public
My Commission Expires: IV/V_/3t)
10
THE COUNTY:
• INDIAN RIVER COUNTY Board of
County Commissioners, a poli jOhiM�'
.. /O
subdivision of the State of FlMa "' •"
BCC Approved: September 15, 2026
Deryl Loar, Chairman \..
Date: September 15, 20i�; A?Ytf,'
-,ouci ('L'.'
'
Approved by: ATTEST:
Ryan L. Butle Clerk of the Circuit Court
and Comptroller
J A. Titkanich, Jr. County Administrator _� I��.l (�.(Ot I 60
Print Name: Randi Wardlow
Deputy Clerk
APPROV D AS M AND LEGAL SUFFICIENCY:
Susan J. Prado, Esq., De County omey
11
Exhibit "A"
The Property
LEGAL DESCRIPTION
LOTS 3 AND 4, PINE TREE INDUSTRIAL PARK SUBDIVISION, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 69, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
12
Exhibit "B"
Utility and Drainage Pipe Replacement Plan attached
13
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