HomeMy WebLinkAbout2004-312 DEVELOPER' S AGREEMENT BETWEEN i
INDIAN RIVER COUNTY, FLORIDA b� t
AND
SHELBY HOMES AT OSLO , INC .
FOR BRADFORD PLACE MAJOR SITE PLAN
THIS AGREEMENT , entered this 7th day December , 2004 , by and between
INDIAN RIVER COUNTY , FLORIDA a political subdivision of the State of Florida , 1840 25" Street ,
Vero Beach , Florida , 32960 hereafter called COUNTY and SHELBY HOMES AT OSLO , INC . , the
address of which is 6363 NW 6th Way, Suite 250 , Ft . Lauderdale , FL 33309 , hereafter referred to as
the DEVELOPER .
WITNESSETH
WHEREAS , the Developer proposes to develop a residential community to be known as
Bradford Place on a 28 . 55 acre site situated on the north side of Oslo Road jut east of the
intersection of 27th Avenue and Oslo Road (9th Street SW) , ( Indian River County Project Number
(SP-MA-04-06-27) (the " Project") which is legally described on Exhibit "A" attached hereto and
incorporated herein by reference ; and
WHEREAS , the COUNTY and DEVELOPER share mutual goals and can assist each other
with respect to right-of-way acquisition and off-site intersection improvements : and
WHEREAS , the Indian River County Planning & Zoning Commission granted their approval
to the Major Site Plan known as Bradford Place on September 23 , 2004 .
NOW, THEREFORE , in consideration of the mutual terms , conditions , promises , covenants
and premises hereinafter, and other good and valuable consideration , the receipt and sufficiency of
which is hereby acknowledged , the County and Developer agree as follows :
1 . Recitals : The foregoing recitals are true and correct hereby incorporated as if fully
restated herein ;
2 . Right-Of-Way Dedication (without Compensation ) : The Developer shall dedicate to
County without compensation a strip of property approximately 25 feet wide to be used as right-of-
way to meet the County's 60 foot minimum right-of-way width for an existing deficient portion of
unnamed right-of-way directly abutting the site as depicted on Exhibit " B" (Shown on S eet 1 of 3 as
PROPOSED R/W DEDICATION "A") . Exhibit " B" is attached hereto and incorpora ed herein by
reference . Developer shall convey this property to County by warranty deed or final plat dedication .
3 . RiahtwOfWay Acquisition (with Compensation ) : Indian River County's ultimate right-of-
way for Oslo Road (9th Street SW) listed in the Comprehensive Plan Thoroughfare PI an is 130 feet
wide . Developer shall dedicate to the County by warranty deed , final plat dedication or other
instrument , a 55 foot wide strip of property to be used as right-of-way along the project's 966 . 85 feet
of Oslo Road frontage ( 1 . 22 acres of land) lying south of and within 130' of the Section Line as
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depicted on Exhibit " B" (Shown on Sheet 2 of 3 as PROPOSED R/W DEDICATION " B") attached
hereto and incorporated herein by reference . In consideration for the dedication ol said right-of-
way, the County shall compensate DEVELOPER in the amount of $76 , 918 . 44 as computed in
Exhibit "C" attached hereto and incorporated herein by reference .
4 . Off-site Intersection Improvements : Developer acknowledges that off-si a intersection
improvements at specific locations are necessary to support the traffic to be generated by this
Project . In accordance with the approved Traffic Impact Analysis for the Project , the Developer
agrees to pay his fair share of the costs associated with the construction of the following intersection
improvements :
A . A southbound right-tum lane on 27th Avenue at the 4th Street intersection ; and
B . A southbound right-tum lane on 27th Avenue at the 12th Street intersection .
Developer's fair share cost to be contributed to said intersection improvements are $918 .44 as
estimated within Exhibit " D" attached hereto and incorporated herein by reference .
5 . Roadway Improvements : As Indian River County plans to construct OsIc Road five (5)
lane roadway improvements fronting the subject site in the near future , the COUNTY has requested
that DEVELOPER not construct the project' s required off-site left tum lane improvements fronting
the site . DEVELOPER shall instead bond or post funds in escrow with the COUNTY in an amount
equating to 115% of DEVELOPER' s cost of project site's off-site tum lane improver ents prior to
issuance of the project' s first building permit . DEVELOPER shall not be required to obtain a Right-
of-way Permit for the off-site turn-lane improvements prior to Site Plan release .
In the event the COUNTY has not advertised for bids for said Oslo Road five (5) lane
roadway improvements fronting the site , DEVELOPER shall , prior to issuance of the 5 1 st Certificate
of Occupancy, obtain a Right-of-way Permit and execute a Construction Contract for completion of
project's off-site tum lane improvements fronting the site . Upon delivery of a copy of said
Construction Contract , COUNTY shall release escrowed funds or bond to DEVELOPER . Said
project off-site tum lane improvements fronting the site shall be constructed by DEVELOPER prior to
issuance of the 101 st Certificate of Occupancy for the project.
All off-site improvements shall be constructed to DOT "Green Book" standards . The County
shall approve all plans for any improvements constructed under this paragraph . If Developer or his
contractor constructs any improvements under this paragraph , said construction shall be guaranteed
for a period of one ( 1 ) year.
Miscellaneous :
A . In the event of any litigation arising out of this Agreement , the prevailing party
shall recover attorneys' fees and costs from the non- prevailing party.
B . No amendment , modification , change , or alteration of this Agreement shall be
valid or binding unless accomplished in writing and executed by all of the parties hereto .
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C. This Agreement shall be binding upon and inure to the benefit f the parties
hereto and their successors , and assigns .
D. This Agreement contains the entire agreement and understanding between the
parties . No representation , statement , recital , undertaking , or promise not s ecifically set
forth herein shall be binding on any party hereto . This Agreement shall not be effective
unless signed by Developer and County.
E . The obligations of the Developer to this Agreement are expressl conditioned
upon the Developer' s decision , at Developer' s sole discretion , to proceed wit 1 the Project .
F . Except for the aforementioned intersection improvement contributic ns the County
shall not require Developer to construct , contribute to or share in the costs of any off-site
improvements other than the payment of applicable impact fees .
G . 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 .
H . 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.
I . 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 .
J . County and Developer shall grant such further assurances and provide such
additional documents as may be reasonably required by one another from time to time , and
cooperate fully with one another in order to carry out the terms and conditions hereof and
comply with the express intention of this Agreement .
K. 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 .
L. All words , terms , and conditions contained herein are to be read in oncert , 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 .
M . 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 asa whole rather
than to any particular section or subdivision hereof.
N . 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
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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 .
O . Insurance And Indemnification : During Developer's performance of any
construction in County right-of-way covered by this Agreement , Developer shall provide the
County with evidence that Developer or the Developer' s Contractor has Dbtained and
maintains the insurance listed below.
1 . Developer or Developer' s Contractor shall procure and m intain 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 th performance
of the work hereunder by the Developer, his agents , representatives , employees or
sub-contractors .
2 . Minimum Scope of Insurance
(a) Worker's Compensation as required by the State of Florida .
Employers Liability of $ 100 , 000 each accident , $500 , 000 disease policy limit , and
$ 100 , 000 disease each employee .
(b) General Liability $ 1 , 000 , 000 combined single limi per accident
for bodily injury and property damage . County shall be an additional insured . Auto
Liability $ 1 , 000 , 000 combined single limit per accident for bodily inju and property
damage for owned and non-owned vehicles . County shall bean additional insured .
(c) Professional Liability Insurance providing 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 .
There shall be no more than $5 , 000 deductible per claim amount unless
approved by the County Risk Manager. 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.
3 . Developer' s insurance coverage shall be primary.
4 . All above insurance policies shall be placed with insurers with a Best' s
rating of no less than AV. The insurer chosen shall also be licensed to Jo business in
Florida .
5 . The insurance policies procured shall be per occurrence policies or as
generally available on the open insurance market.
6 . The Insurance Carriers shall supply Certificates of Insurance evidencing
such coverage to the Indian River County Risk Management Department prior to the
commencement of any work in a County right-of-way.
7 . The insurance companies selected shall send written veri ication 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 .
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written notice to the Indian River County Department of Risk Management of its
intent to cancel or terminate said policies of insurance .
8 . A written safety inspection plan must be submitted to the Indian River
County Risk Management Department for approval prior to the commencement of
any work in a County right-of-way .
9 . 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 .
10 . Up to $ 1 million , Developer hereby agrees to indemnify Indian River
County and Representatives thereof from all claims arising solely from intentional ,
reckless or negligent acts , errors or omissions of the Developer or Developers '
Representatives in the performance of Services under this agreement and forwhich
Developer is legally liable .
IN WITNESS WHEREOF the County and Developer has caused these presents to be
executed in their names , the day and year first above written .
SHELBY HOMES AT OSLO , INC . BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY , FLORIDA
BY: ! �W
Y :
recttY `~ Arthur R . Necoar6r , . r , Ct rm n
BCC Approved : Decdmber,
WITNESS : B `-� �.
,; . vcil �,- Jo ph A . gird , C. 4ntyf�dmin' stratat ;
WITNESS : C7rrrt th
(Corporate sea �. e a e i ace of witnesses ) Atte
Jeffrey K . Barton
i Clerk of Court
Willi m G . ollins , , County Attorney
- � - (Approved as to Form and Legal Sufficiency)
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EXHIBIT "A'
LEGAL DESCRIPTION
PARCEL ONE : THE EAST 10 ACRES OF THE EAST HALF OF TRACT 13 , SECTION 23 ,
TOWNSHIP 33 SOUTH , RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF THE
INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK r2PAGE 25 OF
THE PUBLIC RECORDS OF ST . LUCIE COUNTY , FLORIDA, SAID LANDS NOW LYING AND
BEING IN INDIAN RIVER COUNTY, FLORIDA . LESS AND EXCEPT THOSE PARCELS
DESCRIBED AND RECORDED IN O . R . B . 117 PAGE 703 AND O . R . B . 1252 PAGE 41358 , PUBLIC
RECORDS OF INDIAN RIVER COUNTY , FLORIDA .
PARCEL TWO : THE WEST 10 ACRES OF THE EAST HALF OF TRACT 13 , > ECTION 23 ,
TOWNSHIP 33 SOUTH , RANGE 39 EAST ACCORDING TO THE LAST GENERAL 3LAT OF THE
INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK PAGE 25 OF
THE PUBLIC RECORDS OF ST. LUCIE COUNTY , FLORIDA , SAID LANDS NOVI LYING AND
BEING IN INDIAN RIVER COUNTY , FLORIDA . LESS AND EXCEPT THOSE PARCELS
DESCRIBED AND RECORDED IN O . R . B . 063 PAGE 285 , O . R . B . 139 PAGE 405 AND O . R . B . 1254
PAGE 0549 , PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA .
PARCEL THREE : THE EAST 10 ACRES OF THE WEST HALF OF TRACT 13 , 3ECTION 23 ,
TOWNSHIP 33 SOUTH , RANGE 39 EAST ACCORDING TO THE LAST GENERAL LAT OF THE
INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK PAGE 25 OF
THE PUBLIC RECORDS OF ST. LUCIE COUNTY , FLORIDA , SAID LANDS NO LYING AND
BEING IN INDIAN RIVER COUNTY, FLORIDA . LESS AND EXCEPT THO E PARCELS
DESCRIBED AND RECORDED IN O . R . B . 109 PAGE 606 AND O . R . B . 1251 PAGE 033 , PUBLIC
RECORDS OF INDIAN RIVER COUNTY , FLORIDA .
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EXHIBIT " B'
SKETCH & LEGAL DESCRIPTION
PROPOSED RIGHT -OF-WAY DEDICATION "A"
(UN-NAMED RIGHT-OF- WAY DEDICATION)
PROPOSED RIGHT-OF-WAY DEDICATION "B"
(OSLO ROAD RIGHT-OF- WAY DEDICATION)
7
Sketch - of Legal DApe
escription
for Shelby Homes
of Proposed Right-of- Way
Dedication at Bradford Place
Indian River County, Florida
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POINT OF C MM NCM T
S. E. CORNER, EAST 10 ACRES
E 1 /2 TRACT 13, SECTION 23- 33- 39
REVISED 11 /17/2004 CJG
537101 . 0W CD 068
SKETCH OF LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AN
This is NOT a Boundary Survey" ORIGINAL ISED SEAL OF A FLORIDA
PREPARED BY CSG gD� M .
URVEYOR APPER .
MASTELLER, MOLER & REED
2205 14Th AVENUE
VMO BEACH, FL 32960 y,�
LAD SU vEevOiNQ BUSINESS 44 DAL R P. m .' #5' 243
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Sheet 2 of 3
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Sketch of Legal Description
for Shelby Homes
of Proposed Right-of- Way
Dedication at Bradford Place
Indian River County, Florida
Sheet of3
Not Valid Without All Sheets
NOTES:
1 ) THE BEARING BASIS IS THE EAST LINE OF EAST 10 ACRES OF EAST 1 /2 TRACT 13 AS DEPICTED
ON THIS SKETCH AND LEGAL DESCRIPTION , THE BEARING IS 500'18139" W
2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCIPTION TO
WHICH IT IS ATTACHED.
3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED,
4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD
OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 611317-6, FLORIDA ADMINISTA71VE CODE, PURSUANT
TO SECTION 472 . 027, FLORIDA STATUTES,
LEGEND
R/W RIGHT- OF- WAY
N0, NUMBER
R RADIUS
N NORTH
L LENGTH
S SOUTH
CH CHORD DISTANCE
E EAST
CB CHORD BEARING
W WEST
PSM PROFESSIONAL SURVEYOR AND MAPPER
D DELTA
LEGAL DESCRIPTION FOR PROPOSED RIGHT- OF- WAY DEDICATION "A"
A PARCEL OF LAND LYING IN SECTION 23, TOWNHSIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 10 ACRES OF THE EAST 1 /2 OF TRACT 13, SECTION
23, TOWNSHIP 33 SOUTH RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER
FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
THENCE N00018139"E, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING, THENCE N89'56'41 "W,
DISTANCE OF 25. 00 FEET; THENCE NOO'18'390E. A DISTANCE OF 332. 72 FEET; THENCE N49'23'47"E, A
DISTANCE OF 33. 08 FEET TO THE EAST LINE OF THE SAID EAST 10 ACRES; THENCE S00618'394W ALONG SAID
EAST LINE, A DISTANCE OF 354. 27 FEET TO THE POINT OF BEGINNING.
CONTAINING 8,586 . 79 SQUARE FEET OR 0.20 ACRES, MORE OR LESS.
LEGAL DESCRIPTION FOR PROPOSED RIGHT- OF- WAY DEDICATION "B"
A PARCEL OF LAND LYING IN SECTION 23, TOWNHSIP 33 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 55. 00 FEET OF THE SOUTH 130.00 FEET OF THE EAST 10 ACRES OF THE WEST HALF OF TRACT
13, SECTION 23, TOWNSHIP 33 SOUTH , RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF THE
INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED 1N PLAT BOOK 2, PAGE 25 OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY
FLORIDA.
TOGETHER NTH
THE NORTH 55. 00 FEET OF THE SOUTH 130. 00 FEET LESS THE EAST 25.00 FEET OF THE EAST HALF 0
TRACT 13, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAI OF
THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC
RECORDS OF ST, LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY
FLORIDA.
SKETCH OF LEGAL DESCRIPTION NOT VAUD WITHOUT THE SIGNATURE AND
This is NOT a Boundary Survey" ORIGINAL R SED SEAL A FLORIDA
PREPARED BY: CJG UCENS RVEY NN . MAPPER .
MASTELLER, MOLER & REED
2205 14TH AVENUE
VERO BEACH, FL. 32960
`LAND SURVEYING BUSINESS 44 DAVID M. TAYLOR . S. #5243
L
EXHIBIT "C'
LAND VALUE COST COMPUTATION
(OSLO ROAD RIGHT-OF-WAY DEDICATION)
DEVELOPER Cost to Acquire Project Site $63 , 047 90/Acre
Oslo Road Right-of-way to be dedicated with
Compensation (See Exhibit " B" Sheet 2 of 3) 1 . 22 Acres
COUNTY Cost to Purchase Oslo Road Right-of-way
From DEVELOPER ( 1 . 22 Acres x $63 , 047 . 90) $761918 . 44
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EXHIBIT " D"
INTERSECTION IMPROVEMENTS
(COST ESTIMATES & FAIR SHARE COMPUTATION)
BRADFORD PLACE
COST ESTIMATE
OFF-SITE TURN LANE IMPROVEMENTS
Description Unit Quantity Unit Cost Total Cost
c
Mobilization LS 1 $2 , 500 . 00 $2 , 500 . 00
Maintenance of Traffic LS 1 $82000 . 00 $81000 . 00
Ex. Pvmt Excavation & Disposal SY 215 $7 . 00 $ 1 , 505 . 00
Curb & Gutter (Type F) LF 385 $ 10 . 00 $3, 850 . 00
Inlet (Type 6) UNIT 1 $29400 . 00 $21400 . 00
15" RCP Storm Culvert LF 100 $30 . 00 $31000 . 00
Concrete Sidewalk (5' Wide) SY 20 $ 18 . 00 $360 . 00
12" Stablilzed Sub-Grade SY 815 $5 . 00 $4 , 075 . 00
8" Rock Base SY 690 $8 . 75 $6, 037 . 50
Asphalt 2 1 /2" S- 1 SY 690 $8 . 50 $5 , 865 . 00
Pavement Marking & Signs LS 1 $29500 . 00 $21500 . 00
Sod (Bahia) SY 850 $2 . 00 $ 1 , 700 . 00
Sub-Total $419792.50
Contingincies 15% $6, 268o88
Total Construction Cost w/ Contingincies $48, 061 .38
Surveying & Engineering 15% $7220911
Total Project Cost $55, 707757871
Mobilization LS 1 $2 , 500 . 00 $21500 . 00
Maintenance of Traffic LS 1 $6 , 000 . 00 $6 , 000 . 00
Ex . Pvmt Excavation & Disposal SY 215 $7 . 00 $ 1 , 505 . 00
Curb & Gutter (Type F) LF 385 $ 10 .00 $3 , 850 . 00
Inlet (Type 6) UNIT 1 $2 , 400 . 00 $2 , 400 . 00
15" RCP Storm Culvert LF 100 $30 . 00 $3 , 000 .00
Concrete Sidewalk (5' Wide) SY 20 $ 18 . 00 $360 . 00
12" Stablilzed Sub-Grade SY 815 $5 . 00 $4 , 075 . 00
8" Rock Base SY 690 $8 . 75 $6 , 037 . 50
Asphalt 2 1 /2" S- 1 SY 690 $8 . 50 $5 , 865 .00
Pavement Marking & Signs LS 1 $2 , 500 . 00 $21500 . 00
Sod (Bahia) SY 850 $2 . 00 $ 1 , 700 . 00
Sub-Total $39, 792 .50
Contingincies 15% $50968088
Total Construction Cost w/ Contingincies $459761 .38
Surveying & Engineering 15% 6 864.21
Total Project Cost $52, 625o58
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Intersection Improvement Costs
A . Southbound Right-of--way Lane on
27th Avenue at the 4th Street Intersection = $55 , 270 . 58
B . Southbound Right-of-way Lane on
27th Avenue at the 12th Street Intersection = $521625 . 58
Project Trip Percentages
A . Avenue / 4th Street Intersection = 0 . 9
B . 27th Avenue / 12th Street Intersection = 0 . 8
Fair Share Costs to be Paid by DEVELOPER
A. 276 Avenue / 4th Street
$ 55 , 270 . 58 x 0 . 9 % _ $ 497 . 44
B . 27th Avenue / 12th Street
$ 52, 625 . 58 x 0 . 8 % _ $ 421 . 00
$ 918 . 44
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