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Home My WebLink About2005-311 1 DEVELOPERS AGREEMENT BETWEEN (� INDIAN RIVER COUNTY, FLORIDA AND ASHLEY LAKES NORTH, LLC FOR ASHLEY LAKES NORTH SUBDIVISION THIS AGREEMENT, entered this 13th day of Septemher , 20057 by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 25 'h Street, Vero Beach, Florida 32960 hereafter called COUNTY and Ashley Lakes North, LLC , a Florida Limited Liability Company, 3696 N . Federal Highway, Suite 203 , Fort Lauderdale, Florida 33308 , telephone (954) 567- 5161 , hereafter referred to as the DEVELOPER WITNESSETH WHEREAS, the DEVELOPER has applied to develop a residential community to be known as Ashley Lakes North Subdivision on approximately 75 acres of land on the east side of 66th Avenue, between 45th Street and 49th Street in Indian River County, Project Number SD-04- 10-48 (2004020225), 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 improvements at the intersection of 45th Street/581h Avenue, and ; WHEREAS the COUNTY is planning to make improvements to the intersection of 45th Street/58th Avenue, and ; WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed 45th Street/581h Avenue intersection 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 . To accommodate increased traffic generated by the Ashley Lakes North Subdivision, the COUNTY will be required to make improvements to the intersection of 45th Street/58th Avenue in the amount of $747, 921 . 08 , of which the DEVELOPER' S share is 7 . 46% or $ 55 , 794 . 91 . The DEVELOPER shall also contribute $30 , 000 . 00 toward the future COUNTY design and installation of traffic signals at the intersections of 45th Street/66th Avenue and 49th Street/66th Avenue . The DEVELOPER shall pay to the COUNTY the sum of $ 85 , 794 . 91 prior to issuance of a land development permit . 3 . The COUNTY shall be responsible for all construction coordination including advertisement for bids, contractor selection and construction inspection . 4 . Approximately 0 . 9164 acres of DEVELOPER ' S property will be needed by the COUNTY for future roadway expansion along 45th and 49th Streets . DEVELOPER shall sell the needed property to the COUNTY at a price of $ 79, 562 . 79 ( $ 86, 821 . 02 per acre) via dedication and recordation of the plat of DEVELOPER' S property . The COUNTY shall remit payment to DEVELOPER within 15 days of recordation of the plat. 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. 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 on 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 conditions 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 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 of 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. IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. ASHLEY LAKES NORTH, LLC BOARD OF COUNTY COMMISSIONERS A FLORIDA LIMITED LIABILITY INDIAN RIVER COUNTY, FLORIDA COMPANY BY : /'" /�4t BY : Matthew M o sky, M aging Member Thomas S . Lowther, Chairman WITNESS : `' ' BCC Approved : SeptemhPr WITNESS :(Z:3 Approved : (Corporate seal is acceptable in place of witnesses) By: oseph . Bairdx '�unty Adri�itiistratEdi`; b Atte '0;� ,� Jeffrey K. Bartok, Q o C % County Attorney (Approved as to form and legal sufficiency) Indian River County Approved Date Administration Budget County Attorneyp Risk Management 0 O Public Works fj Traffic Engineering g 3 — OS Exhibit "A" LEGAL DESCRIPTION (ASHLEY LAKES NORTH) A PARCEL OF LAND LYING IN SECTION 209 TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING ALL OF TRACT 12 AND TRACT 13, OF INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PARCEL IS DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 20; THENCE N89°52112"E, ALONG THE SOUTH LINE OF SAID SECTION 20, A DISTANCE OF 50. 00 FEET, THENCE N00008'12"E, A DISTANCE OF 60. 00 FEET, TO THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL A CANAL WITH THE NORTH RIGHT-OF-WAY LINE OF 45TH STREET (NORTH GIFFORD ROAD), SAID EAST RIGHT OF-WAY LINE LIES 50. 00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 20 AND SAID NORTH RIGHT-OF-WAY LINE LIES 60. 00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 20, SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING. THENCE CONTINUE N00008'12"E, ALONG SAID EAST RIGHT-0F-WAY LINE, A DISTANCE OF 2, 559. 65 FEET, TO THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT A-8 CANAL; THENCE N8905000811E9 ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 11277. 97 FEET, TO THE EAST LINE OF AFORESAID TRACT 12; ENCE S00*09071W ALONG THE SAID EAST LINE OF TRACT 12 AND THE EAST LINE OF AFORESAID, TRACT 13, A DISTANCE OF 2, 560. 42 FEET, TO THE AFORESAID NORTH RIGHT- OF-WAY LINE OF 45TH STREET (NORTH GIFFORD ROAD); THENCE 889052'12"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 19277.28 FEET, TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED PARCEL CONTAINS 75. 0855 ACRES , MORE OR LESS .