HomeMy WebLinkAbout2003-244 This document prepared by and return to : 9/3/03wcg(PWD)jwd f � U
Indian River County
Public Works Department
184025'h Street
Veroero Bea Beach, Fl. 32960
DEVELOPER' S AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
LAKE HOLDINGS, LLC FOR
FOUR LAKES SUBDIVISION —
13TH STREET SW PAVING AND RIGHT-OF-WAY ACQUISITION
THIS AGREEMENT, entered this 16th day September , 2003 , by and between
INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 25t,
Street, Vero Beach, Florida, 32960 hereafter called COUNTY and LAKE HOLDINGS , L . L . C , a
foreign limited liability corporation authorized to do business in Florida, 1601 Dove Street, Suite
293 , Newport Beach, Ca 92660 , Attn : Mark Kerslake, its Member (949- 553 -4800), hereafter referred
to as the DEVELOPER.
WITNESSETH
WHEREAS , the DEVELOPER has applied to develop a residential community to be known
as Four Lakes Subdivision on 38 . 13 +/- acre parcel of land along 13th Street SW, (Indian River
County Project Number 97020170) which is legally described on Exhibit "A" attached hereto and
incorporated herein by reference, and ;
WHEREAS , the COUNTY and DEVELOPER share mutual concerns with respect to right-
of-way acquisition and roadway improvements for 13 '' Street SW along Four Lakes Subdivision,
and;
WHEREAS , both the COUNTY and DEVELOPER can mutually benefit each other through
a joint effort that will provide for right-of-way acquisition, paving, drainage and utility pole
relocation along 13th Street SW.
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 . DEVELOPER will design, permit and pay for the 13th Street SW paving and drainage
improvements as follows : The design will include paving of 13 ' Street SW along the
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This document prepared by and return to : 9/3/03wcg(PWD)jwd
Indian River County
Public Works Department
18402 51h Street
Vero Beach, Fl. 32960
site' s entire frontage ; relocation of utility poles and lines ; and accommodation of 131'
Street SW right-of-way drainage in the subdivision stormwater management system, as
indicated on Attachment B incorporated by reference herein. These improvements shall
be completed by DEVELOPER without cost to COUNTY .
(a) The design of 13th Street SW extension will include an alternative to extend it to
DEVELOPER' S site's west project limits (the preferred alternative), or to extend it
approximately 100 ft . past the proposed entrance road for the proposed subdivision.
DEVELOPER and COUNTY understand that sufficient right-of-way width on 13th Street
SW, west of DEVELOPER' S site , must be obtained from other property owners . At the
present time , if the road is built to DEVELOPER' S west property line, the required
transition from the new alignment to the existing dirt road alignment cannot be
accommodated. If COUNTY obtains the additional right-of-way to the west of
DEVELOPER' S site (from the proposed Diamond Lakes Subdivision) prior to the
commencement of the paving work, then DEVELOPER agrees to complete the road
construction ready for pavement to the west property line of DEVELOPER ' S site at
DEVELOPER ' S cost. If additional property for right-of-way is not obtained by
COUNTY, DEVELOPER shall complete the road construction ready for pavement 100 '
+/- past the entrance to the subdivision at DEVELOPER ' S cost.
3 . DEVELOPER will construct and pay for all the improvements within the right-of-way,
except the asphalt, paving and striping/signage , which COUNTY will provide and
construct (estimated cost is $ 15 , 000) .
4 . COUNTY will purchase the 10' of additional right-of-way adjacent to 13th Street SW
from the DEVELOPER as indicated on Attachment B . The purchase price will be
$ 6 ,923 . 68 for approximately . 3 acres .
5 . The paving shall occur within two years of the date of the Agreement. The
DEVELOPER shall give the County two weeks notice to schedule asphalt paving . The
COUNTY will complete the paving within 45 days of certifying that the road is
acceptable for pavement.
6 . In the event of any litigation arising out of this Agreement, each party shall bear its own
attorney fees and costs .
7 . 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 .
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This document prepared by and return to : 9/3/03wcg(PWD)jwd
Indian River County
Public Works Department
1840 25`h Street
Vero Beach, Fl . 32960
8 , This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their successors , and assigns .
9 . 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 .
10 . 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.
11 , 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.
12 . 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 .
13 . 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.
14 . 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 .
15 . 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.
16 . 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.
17 . 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.
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This document prepared by and return to : 9/3/03wcg(PWD)jwd
Indian River County
Public Works Department
184025 1h Street
Vero Beach, Fl . 32960
18 . INSURANCE AND INDEMNIFICATION
Ten days prior to the commencement of work covered by this Agreement, the DEVELOPER
shall provide the COUNTY with evidence that the DEVELOPER' S Contractor has obtained
and maintains the following insurance below listed :
A . DEVELOPER' S Contractor shall procure and maintain for the duration of all
construction contracts , insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the
performance of the work hereunder by the DEVELOPER, his agents,
representatives, employees or sub-contractors .
B . Minimum Scope of Insurance
1 . DEVELOPER and all Contractors and Subcontractors must provide proof of
Worker's Compensation Insurance Coverage as required by the State of
Florida. This policy must include Employers Liability with a limit of
$ 100 , 000 for each accident, $ 500 ,000 disease (policy limit) , and $ 100 , 000
disease (each employee) .
2 . General Liability coverage shall provide minimum limits of liability of
$ 1 , 000 , 000 per occurrence combined single limit for Bodily Injury and
Property Damage . The policy shall include coverage for
Premises/Operations, Products/Completed Operations, Contractual Liability,
Independent Contractors . The COUNTY shall be named as an additional
insured on this policy.
3 . Auto Liability coverage shall provide minimum limits of liability of
$ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and
Property Damage for owned, hired and non-owned vehicles . The COUNTY
shall be named as an additional insured on this policy.
4 . Professional Liability Insurance shall provide coverage for intentional,
reckless or negligent acts , errors, or omissions committed or alleged to have
been committed by DEVELOPER' S Engineer with a limit of $ 500 ,000 per
claim/annual aggregate . This insurance shall extend coverage to loss of
interest, earning, profit, use and business interruption, cost of replacement
power, and other special, indirect and consequential damages .
C . Any deductibles or self-insured retentions greater than $ 5 , 000 must be approved
by the Risk Manager for Indian River County with the ultimate responsibility for
same going to the DEVELOPER.
D . DEVELOPER' S insurance coverage shall be primary coverage .
E . All above insurance policies shall be placed with insurers with a Best's rating of
4
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This document prepared by and return to : 9/3/03wcg(PWD)jwd
Indian River County
Public Works Department
18402 51h Street
Vero Beach, Fl . 32960
no less that A + VII . The insurer chosen shall also be licensed to do business in
Florida.
F . The insurance policies procured shall be per occurrence policies or as generally
available on the open insurance market .
G. The Insurance Carriers shall supply Certificates of Insurance evidencing such
coverage to the Indian River County Risk Management Department 10 days
prior to the execution of work in this Agreement .
H . The insurance companies selected shall send written verification to the Indian
River County Risk Management Department that they will provide 30 days
written notice to the Indian River County Department of Risk Management of its
intent to cancel or terminate said policies of insurance .
I . A written safety inspection plan must be submitted to the Indian River County
Risk Management Department for approval prior to the signing of the contract.
J . DEVELOPER shall include in all sub-contracts for sub-contractors the above
insurance requirement or show them as insured under its policies or shall furnish
separate certificates and endorsements for each sub-contractor. All coverages
for sub-contractors shall be subject to all of the requirements stated herein.
K. DEVELOPER hereby agrees to indemnify Indian River County and
Representatives thereof from all claims to $ 1 million arising solely from
intentional , reckless or negligent acts, errors or omissions of the DEVELOPER or
DEVELOPERS ' REPRESENTATIVES arising under or in connection with the
performance of duties under this agreement and for which DEVELOPER is
legally liable .
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
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This document prepared by and return to : 9/3/03wcg(PWD)jwd
Indian River County
Public Works Department
184025 1h Street
Vero Beach, Fl. 32960
IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to
be executed in their names, the day and year first above written.
LAKE HOLDINGS , LLC . BOARD OF COUNTY COMMISSIONERS
INDIAN VER COUNTY, FLORIDA
BY : BY :
Mark K rslake , Member th R. Macht, Chairman
BCC Approved : 09 - 16 - 2003
WITNESS : z -~-�� Approved :
WITNESS : -1 B ---
(Corporate seal is acceptable in place of witnesses) J s E . Chandle , County Administrator
Approved as to fod le 1 sufficiency: ttest :� &
Jeffrey K. arton
r
Clerk of Court
AVL2h&
County Attorney
Indian River County Approved Date
Administration
d
Budget / 03
Co. Atty 4
Risk Management
Public Works G
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DESCRIPTION :
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GENERALTRACT 7 . SECTION 280 TOWNSHIP 33 SOUTH , RANGE 39 EAST , ACCORDING TO
THE LAST
• T OF LANDS OF INDIANFARMSr
ANY FILED IN
THE OFFICE OF THE CLERK OF THE CIRCUIT COUNTY ,LUCIE
COUNTY ,FLORIDA, IN PLAT BOOK 2 . PAGE 25 ; SAID LAND NOW LYING AND BEING IN
INDIAN RIVER COUNTY , FLORIDA, LESS AND EXCEPT THOSE PARCELS DESCRIBED
IN O , R , BOOK 1243 , PAGES 108 AND 110 , PUBLIC RECORDS OF INDIAN RIVER
FLORIDA.
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