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Home My WebLink About2005-292 IBJ . DEVELOPER' S AGREEMENT BETWEEN ' INDIAN RIVER COUNTY, FLORIDA AND LENNAR HOMES , INC . THIS AGREEMENT , entered this 6th day of September , 2005 , 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 Lennar Homes, Inc . , 1015 North State Road 7, Suite C , Royal Palm Beach, Florida 33411 , hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS , the DEVELOPER has applied to develop a residential community to be known as Verona Trace Subdivision and Villas at Verona Trace, consisting of 447 homes on approximately 105 acres of land on the west side of 98 "' Avenue, between 81h Street and 12 Street in Indian River County, Project Number SD- 04-09 -39/SP -MA-04- 10- 94/2003070038 , 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 intersections of State Road 60 & 58th Avenue and State Road 60 & 43rd Avenue, and; WHEREAS , the COUNTY is planning to construct roadway improvements at the intersections of State Road 60 & 58th Avenue and State Road 60 & 43rd Avenue ("Roadway Improvements") , and ; WHEREAS , both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the costs of the proposed SR 60 / 58th Avenue and SR 60 / 43rd 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 Verona Trace Subdivision and Villas at Verona Trace residential development, the COUNTY would be required to make improvements to the intersection of SR 60 and 58th Avenue in the amount of $4, 000, 000, of which the DEVELOPER ' S fair share of cost is 2 . 9064 % or $ 116 ,257 . The COUNTY would also be required to make improvements to the intersection of SR 60 and 43rd 1 Avenue in the amount of $ 7, 000 , 000, of which the DEVELOPER ' S fair share of cost is 3 . 8561 % or $ 269 , 927 ( See Exhibit B) . The DEVELOPER shall pay to the COUNTY the sum of $ 386 , 184 prior to issuance of a land development permit, as a contribution toward construction of the intersection improvements at SR 60 / 58d' Avenue and SR 60 / 43rd Avenue. 3 . The COUNTY shall be responsible for all construction of the Roadway Improvements including advertisement for bids , contractor selection and construction inspection. 4 . In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs . 5 . 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 . 6 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns . 7 . 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 . 8 . 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. 9 , 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. 10 . 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 . 11 . 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. 12 . 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 2 deemed a waiver or relinquishment of such right or power at any other time or times . 13 . 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 . 14 . 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. 15 , 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 . [DEVELOPER] BOARD OF COUNTY COMMISSIONERS IN N RIVER COUNTY, FLORIDA [REPRESENTATIVE NAME] Thomas S . Lowther, Chairman WITNESS : BCC Approved : 09 / 06 / 05 � v�sen Approved : WITN S t t� (Corporat s 1 is cceptabl i ' place of witnesses) By 1I J eph A Baird, CouptyAdilyv* 8strator Attest `q� Jeffrey K. Barton, C"lOrk oCourt`�' Pountyy < � l (Approved as to form and legal sufficiency) Indian River County Approved Date Administration 1 30 Budget VVVVVVV Co. Afty. 8 Z Risk Mana ementpFS Z -tl Public Works 3 EXHIBIT-B ESTIMATED COST OF IMPROVEMENTS Item Description Estimated Unit of Measure Unit Price Total Price Quantity 1 SR 60 and 43rd Avenue 179/4642 % Tris $ 7, 000 . 000 . 00 $2691927 . 00 2 SR 60 and 58 th Avenue 155/5333 % Tris $4, 000 . 000 . 00 $ 1161257 . 00 Subtotal $ 3861184 . 00 Contingency @10% N/A Survey N/A Desi 5 % N/A Permitting @ I % + Fees N/A Bidding & Award 2 % N/A Construction Services g 3 % N/A Administration @ 2 % N/A Total Developers Cost $ 386, 184 . 00 4 Exhibit A Legal Description A parcel of land, being a portion of Tracts 9 , 10 , 15 and 16 lying the southeast one- quarter ( S . E . t/4) of Section 9 , Township 33 South, Range 38 East , " Indian River Farms Co . Plat of Lands and Plan for Land Drainage and Road Reservations " , according to the Plat thereof, as recorded in Plat Book 2 , Page 25 of the Public Records of St . Lucie County, Florida, being more particularly described as follows : COMMENCE at the southeast corner of said Section 9 ; thence along the South line of the southeast one- quarter ( S . E . '/4) of said Section 9 , North 89 ° 59 ' 06 " West , 30 . 00 feet ; thence North 00 ° 04 '30 " West , 100 . 00 feet to a point on the South line of said Tract 16 being the POINT OF BEGINNING ; thence along the aforementioned South line of Tract 16 and the South line of said Tract 15 , North 89 ° 59 '06 West, 1 , 812 . 00 feet ; thence along a line being 816 . 57 feet East of and parallel with the West line of said Tracts 15 and 10, North 00 ° 09 ' 06 " West, 2 , 532 . 70 feet to a point lying 30 . 00 feet South of the North line of said Tract 10 ; thence along a line being parallel with and 30 . 00 feet South of the North line of said Tracts 10 and 9 , North 89 ° 59 '40 " East , 1 , 815 . 39 feet to a point being 30 . 00 feet West of the East line of said Tract 9 ; Thence along a line being 30 . 00 feet West of and parallel with the East line of said Tracts 9 and 16, South 00 ° 04 '30 " East, 2 , 533 . 34 feet to the Point of Beginning . Said lands lying and situate in Indian River County, Florida, and containing 105 . 466 acres , more or less .