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Home My WebLink About2015-117DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND INDIAN RIVER MEMORIAL HOSPITAL, INC. THIS AGREEMENT, entered this 2nd day of June K ao��f -/17 , 2015 , by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida, 32960 hereafter called COUNTY and Indian River Memorial Hospital, Inc. a Florida Corporation, 1000 36th Street, Vero Beach, Florida 32960 -Jeffrey L. Susi, President, 772-567-4311, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has applied to develop a site plan to be known as the Indian River Medical Center (IRMC) "Health & Wellness Center" on approximately 3 7 acres of land along the south side of 36th Street between U.S. Highway #1 and Indian River Boulevard, in Indian River County, Project Number SP -MA - i s -O5 -17 the legal description is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to right - turn lane roadway/entrance improvements necessary along 37th Street to accommodate project traffic volumes as shown on the sketch attached as Exhibit "B" and incorporated herein by reference; and WHEREAS, the COUNTY is planning to expand 37th Street from three (3) lanes to five (5) lanes in the near future along the Indian River Medical Center frontage; WHEREAS, the DEVELOPER is required to construct an eastbound right -turn lane on 37th Street at both 10th Court and 1 l th Drive, WHEREAS, the County has already received a fee -in -lieu of construction for the eastbound right -turn lane on 37th Street at 10th Court pursuant to that Developer's Agreement with Indian River Memorial Hospital, Inc. approved by the Board of County Commissioners on September 9, 2014 and WHEREAS, the COUNTY and DEVELOPER agree that this Agreement is contingent upon DEVELOPER receiving final site plan approval, and if final site plan approval is not obtained, this Agreement shall be null and void and any monies paid hereunder shall be promptly refunded to 1 DEVELOPER; and WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed 37th Street improvements. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows: 1. The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. Instead of the DEVELOPER constructing the site related right -turn lane(s) within the 37th Street right-of-way as a stand alone project, the DEVELOPER shall pay to the COUNTY the sum of $ 42,402.80 prior to "Site Plan Release" for the Health & Wellness Center project as its contribution for construction of the right turn lane at the 37th Street / 11`x' Drive entrance based on the cost estimate attached as Exhibit "C" prepared by Masteller & Moler, Inc. Upon the payment of the sum specified above, any condition of the site plan relating to the completion of the site related right - turn lane and signal modification shall be deemed to be satisfied. 3. The COUNTY shall be responsible for the cost of all such construction and for all construction coordination including advertisement for bids, contractor selection and construction inspection. 4. No additional right-of-way is required for these improvements. 5. In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs. 6. 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. 7. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 8. This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any party hereto. 9. 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. 2 10. 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. 11. 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. 12. COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. 13. 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. 14. 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. 15. The words herein and hereof and words of similar import, without reference 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. 16. In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. 3 IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. INDIAN RIVER MEMORIAL. BY: President BOARD OF COUNTY COMMISSIONERS HOSPITA INC INDIAN RIVER COUNTY, FLORIDA WITNESS: 13\<>/: Wesley S. Davis, Chairman BCC Approved: June 2, 2015 Approved: WITNESS: i'1L_ .�c_ct(AN/ ! By (Corporate seal is acceptable in place of w tnes •COYM/S6%.**. Josep * L u� -�' Attest: , County Administrator • Approved as to form and legal sa,i, 9�LfR COUNT :`�'' Dylan Reingold, County Attorney e frey R. Smith Clerk of the Circuit Court. Indian River County Approved Date Administration Budget r6 - '5/i7( 6 Co. Atty. Risk Management Public Works v / .1.76 �`5 4 EXHIBIT A LEGAL DESCRIPTION THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT THE FOLLOWING PER OFFICIAL RECORDS BOOK 1546, PAGE 2735 THE NORTH 415.58 FEET OF THE WEST 419.27 FEET OF THE NORTH 853.00 FEET OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHWEST ONE- QUARTER (NW 1/4) OF SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST OF INDIAN RIVER COUNTY, FLORIDA; SAID LESS AND EXCEPT PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, ALSO BEING THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 , SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN N89°42'33"E ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 419.27 FEET; THENCE RUN S00°02'55"E AND PARALLEL TO THE WEST LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 415.59 FEET; THENCE RUN S89°42'33"W AND PARALLEL TO AFOREMENTIONED NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 419.27 FEET TO THE SAID WEST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN N00°02'55"E ALONG SAID WEST LINE A DISTANCE OF 415.59 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS OF RECORD. 5 ao N N N 44 1 - IL "L 25(4) 37T11 STREET EXHIBIT B SKETCH OF PROJECT TRAFFIC VOLUMES 0 0 8 0(0) 0 o ni 309(11) 4J4'4r158(0) IRMC DRIVEWAY 0 0 o t 4(0) a o o 481(11) a+ 4 r 5(0) 10th COURT o o a o o L 208(0) m 310(0) 4+4,.185121) 36TH STREET NOT TO SCALE (0)4 S (6)592 —* (21)97 Z (0)0 '? (8)843 —* 10)25 ^Z htr► o 000 (0)184 S (0)244 —► (6)95 - ht', m 0m LEGEND: XX = TOTAL PROJECTED DRIVEWAY VOLUME (XX) = PROJECTED DRIVEWAY VOLUMES ASSOCIATED WITH THE PROPOSED PROJECT FIGURE 2 VERO CENTER FOR HEALTH & WELLNESS PROJECTED AM PEAK HOUR DRIVEWAY VOLUMES Kimsey>» Horn PROJECT 4 1423020C( 6 EXHIBIT C CONSTRUCTION COST ESTIMATE INDIAN RIVER MEDICAL CENTER - HEALTH & WELLNESS CENTER OFF-SITE TURN LANES & FAIR SHARE SIGNALIZATION UPGRADES DESCRIPTION QUANTITY UNIT UNIT COST TOTAL IRMC llth Drive Right Turn Lane on 37th Street Mobilization 1 LS $2,500.00 $2,500.00 Maintenance of traffic 1 LS $3,000.00 $3,000.00 Staked silt fence 400 LF $2.00 $800.00 Floating turbidity barrier 1 EA $300.00 $300.00 Wellpointing / dewatering 1 LS $3,000.00 $3,000.00 Strip ditch sides, clean out ditch bottom 1 LS $1,500.00 $1,500.00 Excavation (decel lane) 1 LS $3,000.00 $3,000.00 12" Stabilized subgrade 836 SY $5.00 $4,180.00 8" Crushed concrete base 738 SY $11.60 $8,560.80 2" SP -12.5 asphalt & prime 733 SY $14.00 $10,262.00 Thermoplastic striping & signs 1 LS $1,800.00 $1,800.00 Survey / layout / as-builts 1 LS $3,500.00 $3,500.00 Tota#'i I'eeala! ess Center Contribution ` 16d3201i $42,402.80 . 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