HomeMy WebLinkAbout2006-300 aoo - o0
AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
HIGHPOINTE, L.L.C.
FOR
HIGH POINTE SUBDIVISION
FOR THE CONSTRUCTION OF OFFSITE UTILITIES
THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY")
and HIGHPOINTE, L .L.C. , a Florida Limited Liability Company, the address of which is 1910 82nd Ave. .
Suite 202 , Vero Beach, FL 32966 (hereinafter the DEVELOPER) is effective upon execution by the second
of the two parties.
WHEREAS, the DEVELOPER, in conjunction with the construction improvements at HIGH POINTE
SUBDIVISION, is providing water and wastewater facilities to the subject property located at 3745 65 T"
STREET, and more specifically described in Exhibit "A" pages I and 2; and
WHEREAS, pursuant to Section 918 .05 , The Code of Indian River County (Ordinance 90- 16, as
amended), the COUNTY, requires the DEVELOPER to provide the utility improvements to connect to the
regional water main and force main, and the COUNTY, pursuant to Section 20 1 . 11 , of the Code, agrees to
reimburse the DEVELOPER, as provided herein, for the cost of providing these off-site utilities,
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and
valuable consideration, the COUNTY and DEVELOPER agree as follows:
1 . OFF-SITE UTILITIES :
The DEVELOPER shall construct the necessary off-site utilities described herein as directed by the Indian
River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for installing Master
Planned off-site utilities as outlined below:
A . 12-inch Diameter Master Planned Water Main west alone north side 65h Street from the north east
corner of 65 `h Street and Old Dixie Highway to the existing water main located approximately 400
linear feet west of the Lateral G canal for a distance of approximately of 5238 linear feet
The DEVELOPER shall fumish and install approximately 5130 linear feet of PVC and PE 12-inch
and approximately 108 linear feet of jack and bore Master Planned Water Main pipe and appurtenance
along the north side of 65h Street from the north east corner of 65 h Street and Old Dixie Highway to
approximately 400 feet west of the Lateral G Canal where it connects to an existing water main. (See
attached Exhibit "C" pages I thru 4).
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C'.WCUMENI AND S=NLS!LEAKSLOCAL SE . GS\TEMPOR YPRER E! FlLE$`OLI(T9AI M 5 YE AGNEGNEM - PAGE ONE (2)
The DEVELOPER shall pay line extension fees in the amount of$ 11 .25 per foot of property frontage
of the proposed water main. There are 602 + 40 + 190 = 832 linear feet of frontage on 65tH Street.
DEVELOPER' S fee for this portion is tabulated below:
Fronta e Total Frontage Cost per Front Foota e $/ ft. ) Developer Cost
602 + 40 + 190 LF 1 832 LF 1 $ 11 .25 $99360 . 00
Reimbursement: The County shall provide 100% reimbursement to the DEVELOPER less line
extension fees of $9,360.00 for this water main based on an itemized invoice of installed materials
with full payment at the time the above referenced facilities are dedicated to and accepted by the
COUNTY. Reimbursement shall be in the form of a check from the COUNTY and shall not exceed
the amount of $383 ,040.50 (see attached Exhibit "B ). The COUNTY'S obligation to make
reimbursement to DEVELOPER shall expire five (5) years from the date of this Agreement.
B . 6-inch Diameter Force Main west alone the south side 65th Street from the south west corner of 65th
Street and Old Dixie Highway to the west property line of this project for a distance of approximate
2917 linear feet:
The DEVELOPER shall furnish and install approximately 2,809 linear feet of PVC and PE 6-inch and
approximately 108 linear feet of jack and bore Force Main pipe and appurtenance along the south side
of 65'h Street from the south west corner of 65 h Street and Old Dixie Highway to the west property
line of this project. (See attached Exhibit "C" pages 1 thru 4)
Reimbursement: The funds to reimburse the DEVELOPER shall derive from the connection charges
of other properties (See attached Exhibit "F") that use the constructed lines and facilities based on
their share of the front footage used (See attached Exhibit "D" and Exhibit "G"). The COUNTY'S
obligation to make reimbursement to DEVELOPER shall expire five (5) years from the date of this
Agreement. Compensation shall be in the form of a check from the County - the total of all payment
shall not exceed the total amount of $ 168,972. 14 (See attached Exhibit "D" and Exhibit "G").
C. 6-inch Diameter Force Main west along the south side of 65th Street from the west propegy line of this
project to the east side of the Lateral G Canal where it connects to an existing force main for
distance of approximately 1215 linear feet
The Developer shall furnish and install approximately 1215 linear feet of PVC pipe and appurtenance
along the south side of 65h Street from the west property line of this project to the east side of the
Lateral G canal where it connects to the existing force main. (See attached Exhibit "C" pages 1 thru 4)
Reimbursement: The County shall provide 100% reimbursement to the DEVELOPER for this force
main based on an itemized invoice of installed materials with full payment at the time the above
reference facilities are dedicated to and accepted by the COUNTY. Reimbursement shall be in the
form of a check from the COUNTY and shall not exceed the amount of $58,305 .25 (see attached
Exhibit "E").
2. Amendment:
This Agreement may be modified only by a written instrument executed by all parties to the Agreement.
3 . Assignability
Either party may assign this Agreement. However, the rights granted herein shall run with the land and are
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"l 7AFffRITRENDPD HIGHFOINTDOCUW4 S=TERS & FA SE lOa 5YEAHAGREEA NT - 25F FWT COST V DEV )PME OF OFF-SITEI)=TIFS MV . )-20I , CWN I T STANDARD
WITIIPAYMENTWO DEMANp STA WC
not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under
this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall
not have the right to transfer these rights to another property unless this Agreement is amended in writing
by the assignee and the COUNTY.
4. Authority:
Each party hereto represents and warrants to the other that the execution of this Agreement and any other
documents required or necessary to be executed pursuant to the provisions hereof are valid, binding
obligations and are enforceable in accordance with their terms.
5 . Bidding and Award:
The DEVELOPER shall use the County's public competitive bid process for all off-site utilities to be
constructed under this Agreement, and Developer further agrees fully and timely to cooperate with the
COUNTY in the public competitive bidding of the construction of off-site utilities described in this
Agreement. The DEVELOPER shall timely provide the Indian River County Purchasing Division with
sufficient information, including, without limitation, the nature of the project, where the plans may be
purchased, the purchase price of the plans in an amount not to exceed One Hundred Dollars ($ 100. 00), the
proposed date of bid opening, and all other necessary and required competitive bid details to ensure
sufficient public notice of the construction of off-site utilities described in this Agreement to enable the
COUNTY to post a notice on DemandStar. The DEVELOPER agrees that the Indian River County
Purchasing Division shall conduct the public competitive bid process for the construction of off-site
utilities described in this Agreement to obtain bona fide bids from licensed and qualified utility
contractors, and such bids to be publicly opened and read aloud. DEVELOPER' S consulting engineer
shall be selected from a list of firms pre-qualified and under continuing contract with the COUNTY for
water and wastewater services (RFQ 46037) AKA (UCP CDS/CCS 2019) The DEVELOPER shall cause
the DEVELOPER' S consulting engineer, to review the bids received by the Indian River County
Purchasing Division, and to make a written recommendation to the County' s Department of Utility
Services for award of the bid to a licensed and qualified utility contractor. The term "qualified" shall be as
determined by the County. The COUNTY' S reimbursement of construction costs to the DEVELOPER
shall be conditioned upon the approval of all project costs by the County' s Department of Utility Services.
Bid proposals and engineering costs related to the work described herein shall be subject to prior approval
by County's Department of Utility Services. The DEVELOPER shall not commence work unless the
County' s Department of Utility Services provides written approval of the final construction cost and the
final project cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY 'S sole discretion,
project costs significantly exceed those contained in Exhibit B.
6. Caotions:
Captions, if included, in this Agreement are included for convenience only and are not to be considered in
any construction or interpretation of this Agreement or any of its provisions.
7. Construction Plans Technical Specifications and Contract Documents:
The DEVELOPER agrees to complete a final set of construction drawings and make submission for a
Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of
Environmental Protection (FDEP). The DEVELOPER shall not commence construction until all permits
are approved and obtained.
S. Definition
All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the
identity of the party or parties may require.
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STAHDA MTHPAYM BON60pNANDSTAR.DOC
9. DEVELOPER' S Obligations:
The DEVELOPER shall prepare at its own expense, plans, specifications, Agreement, advertisement,
general conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary
to deliver the water and wastewater utilities from the COUNTY' S facilities. All plans and specifications
shall be subject to the COUNTY' s approval prior to the DEVELOPER's application. The DEVELOPER
shall be responsible for all costs associated with the design, permitting and construction of the offsite
facilities (which includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and
associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the
COUNTY.
The design, permitting, construction, operation and maintenance of all on-site water and wastewater
utilities which is on or solely serving the DEVELOPER' S property (including but not limited to water
meter, transmission lines, pumps, valves, storage facilities, etc.) shall be the DEVELOPER' s responsibility
and expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review
and approval.
The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of the
water meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of
water by the DEVELOPER is prohibited.
The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use off-site of the
property.
10. Easements :
The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater utilities
for the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the
private right-of-way including, but not limited to, water lines, services, laterals, manholes, meters, lift
station, sewer, remote monitoring and related utility structures.
After the COUNTY' S final inspection of the off-site water and wastewater facilities for conformance with
the approved plans and specifications, the DEVELOPER shall convey all the off-site facilities together
with an interest in land, as may be required by the COUNTY, to the COUNTY. The conveyance shall
include any of the following documents as may be required by the COUNTY, in a form acceptable to the
COUNTY:
a) Bill of Sale
b) Grants of Easements
c) Maintenance Bond
d) Record Drawings (hard copy and electronic format — AutoCAD rel. 14.0 or higher)
11 . Entire Agreement
This Agreement embodies the entire agreement between the parties relative to the subject matter hereof,
and there is no oral or written agreements between the parties, nor any representations made by either party
relative to the subject matter hereof, which are not expressly set forth herein.
12 . Governing Law & Jurisdiction :
This Agreement shall be governed by the laws of the State of Florida and the laws of the United States
pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in
Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for
the Southern District of Florida. All of the parties to this Agreement have participated freely in the
negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed
against any one of the parties hereto.
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I.uuU9T AMERRREND PD:HIGH PoRTNN)CUMENTS�1,EifERSdFA%E5�]-13A: S TFARAGREEMEN'I - DEVELOPERS AGREEMENT - DEVELOFb OF OFESIIE UTILITIES REV , 3.20A CWATY
STANDARD WITH PAYMENT BOND-DEMAND STARDOC
13 . Insurance and Indemnification:
The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work, the
selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general
liability insurance with a reputable insurance company subject to approval by the COUNTY' s risk
manager in an amount not less than $3,000,000 combined single limit for bodily injury and property
damage in accordance with the COUNTY' S Administrative Policy Manual. The DEVELOPER shall
ensure that, at least ten ( 10) days prior to the commencement of any work the selected contractor and any
subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable
insurance company subject to approval by the COUNTY' S risk manager in an amount not less than
$3 ,000,000 per occurrence combined single limit for bodily injury and property damage in accordance
with the COUNTY' S Administrative Policy Manual. The commercial general liability and auto liability
insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an
additional insured. In addition, the DEVELOPER shall ensure that, at least ten ( 10) days prior to the
commencement of any work the selected contractor and any subcontractor provides to the COUNTY a
certificate of worker's compensation insurance with a limit of $ 100,000 for each accident, $500,000
disease (policy limit) and $ 100,000 disease (each employee) in accordance with the COUNTY ' S
Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30) days '
written notice by registered mail, return receipt requested, addressed to the COUNTY ' S risk manager,
prior to cancellation or modification of any required insurance.
The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY' S officers,
employees and agents, from and against any and all claims for damages, costs, third party claims,
judgments, and expense to persons or property that may arise out of, or be occasioned by, any work
contemplated by this agreement, or from any act or omission of any representative, agent, client, and/or
employee of DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims
and any judgments that may be entered in connection therewith, including attorney fees. DEVELOPER
shall indemnify the COUNTY against any claim for damage that any utility, whether publicly or privately
owned, may sustain or receive in connection with any work contemplated by this agreement.
DEVELOPER shall not make any claim of any kind or character whatsoever against the COUNTY for
damages that it may suffer by reason of the installation, construction, reconstruction, operation, and/or
maintenance of any public improvement, or utility, whether presently in place or which may in the future
be constructed or installed, including but not limited to, any water and/or sanitary sewer mains and/or
storm sewer facilities, and whether such damage is due to flooding, infiltration, backflow, and/or seepage
caused from the failure of any installation, natural causes, or from any other cause of whatsoever kind or
nature. It is the intention of this indemnification agreement on the part of DEVELOPER, and a condition
of this agreement, that it shall be full and total indemnity against any kind or character of claim whatsoever
that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend any and all suits,
claims, and causes of action brought against the COUNTY arising out of or in connection with any work
contemplated by this agreement, and DEVELOPER agrees to pay anyjudgment or judgments, including
attorney fees, that may be rendered against the COUNTY or against the COUNTY' S officers, employees
or agents in connection therewith.
14. Maintenance Security:
The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility improvements
to Indian River County, Florida, and provide security as set forth herein, subject to the COUNTY ' S
approval, for a period of one ( 1 ) year after the COUNTY' S acceptance of the improvements, plus an
additional three (3) months, for an aggregate of fifteen ( 15) months. The maintenance security may only
be in one of the following forms: (a) cash, whereupon the COUNTY and the Developer shall enter into
the COUNTY' S standard Cash Escrow Deposit Agreement; or (b) Letter of Credit, in the County's
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1V 4PI AMEWTRENDP D 3 GHMNTVHICU TS TMS & FA M7-13{ SYEAR AGREEMEN2 -DEWLOPERS AGRFE6ffNT DEVFI.DPME.Yf OF Off-SITE, UTTITIES MV , 3-30-06 COUNTY
STANDWITH PAY1.4NT BONDAEMAND STA DOC
standard form, drawn and payable by a financial institution located within Florida. The value of the
maintenance security shall be twenty-five percent (25%) of the total construction value of the utility
improvements as certified by the Developer's licensed engineer and approved in writing by the County.
15 . Multiple Counterparts:
This Agreement may be executed in a number of identical counterparts which, taken together, shall
constitute collectively one ( 1 ) Agreement; but in making proof of this Agreement, it shall not be necessary
to produce or account for more than one such counterpart executed by the party to be charged.
16 . Permits:
The DEVELOPER shall be responsible for obtaining all construction and operating permits required for
the construction, delivery, use and monitoring of the water distributed to and wastewater collected from the
subject property. If, through no fault of the parties involved, any federal, state or local government or
agency (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or
requires a material change in the system, then to the extent necessary and if possible, the parties agree to
negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines
that it is impossible or impracticable to perform under the terms of this Agreement because of the above,
then this Agreement shall terminate and the parties shall have no further obligations to each other.
The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations
and maintenance including but not limited to all FDEP regulations relating to bacteriological and
hydrostatic testing, cross connection control, monitoring, color-coding of water and wastewater equipment.
17 . Recording of Agreement:
This Agreement may be recorded in the official records of Indian River County by the COUNTY. If
recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent
owners of the property for the term of this Agreement. The DEVELOPER shall pay for all recording cost.
18 . Severability / Invalid Provision:
If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future
laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such
illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the
remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by
such illegal, invalid, or unenforceable provision or by its severance from this Agreement.
19. Term:
The term of this Agreement is five (5) years. Unless otherwise agreed to by the parties in writing, this
Agreement shall not be renewed automatically for successive terms. Notwithstanding the foregoing, this
Agreement shall be coterminous with FDEP Permit for construction and with the County ' s Utility
Construction Permit, whichever provides a shorter time period, but shall be not more than five (5) years
from the date of issuance. The County may terminate this Agreement early in its sole discretion if it
determines that the development project intended to be served by the improvements is suspended or
discontinued.
20. Time of Essence:
Time is of the essence of this Agreement; however, if the final date of any period which is set out in any
provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of
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1`V4 87AM6FIIRENDPD:NIGH POINDDOCUA SV.ETTERSA FA M7-13L SYEARAGREF W - DEVELOPERSAGRF.EM - DEVELOPWW OF OFF-SITEG711TIESREV., I.W1 COUNTY
STANDARD WITH PAY NT WNDDBMANO STA ,D
Florida, then , in such event, the time of such period shall be extended to the next day which is not a
Saturday, Sunday or legal holiday.
Remainder of Page Intentionally Left Blank
IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this
Agr meat a ollo :
It � DEVELOPE.O: .
fitness Signature
r By;
PXiited name: James Adams
Witness Printed Name
�} ( � Title: Managing Member
Date:
fitness Signature
Witness Printed Name , •�Jtr ANNE CASTELLANOS .....
: `
r MY COMMISSION i DD 537613
"?y„ EXPIRES: AptiI 6, 2070
PIf. a gaped Tlxu Ngyy PutlicUMervnlers
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of 0006, by James Adams,
Managing Member of Highpointe LLC who is personally nown to me or who has produced
as identification.
4z-2
Name:
Notary Public
l�NA/� /7� itGG /Y/C/D�
Commission 711--:3
Expiration Date
BOARD OF COUNTY COMMISSIONERS
Attest:
J. a rerof urt INDIAN RIVER COUNTY, FLORIDA
, <
BY . sig
� c B
Deputy Clerk 7
Arthur R. euberger, ain n
BCC Approved : 09 - 05 - 2006
Approved as to Fbrrh 'a id Legal Sufficiency
Approved b
Pp y :
my Attorney
*JphIA . ird, County Administrator
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DESCRIPTION LEGAL DESCRIPTION
PARCEL is
TRACT 1 , IN THE SOUTH 1 \2 OF SECTION 9, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT
OF LANDS 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 LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND
EXCEPT THOSE PARCELS CONVEYED IN OFFICIAL RECORDS BOOK 152, PAGE 559; OFFICIAL RECORDS BOOK 189, PAGE 419 AND
OFFICIAL RECORDS BOOK 540, PAGE 691 AS RE-RECORDED IN OFFICIAL RECORDS BOOK 541 , PAGE 28, ALL OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
PARCEL 2:
THE WEST 1 /2 OF THE NORTHWEST 1 /4 OF THE SOUTHWEST 1 /4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LESS
PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 143, PAGE 296 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL 3:
THE SOUTHWEST 1 \4 OF THE SOUTHEAST 1 \4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING WEST OF THE
FLORIDA EAST COAST RAILROAD RIGHT- OF-WAY; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL 4:
THE SOUTHWEST 1 \4 OF THE SOUTHWEST 1 \4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING EAST OF LATERAL
"G" CANAL; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL 5:
THE SOUTHEAST 1 \4 OF THE SOUTHWEST 1 \4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST; SAID LAND LYING AND
BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL 6:
BEGIN AT THE SOUTHWEST CORNER OF THE NORTHWEST 1 \4 OF THE SOUTHEAST 1 \4 OF SECTION 10, TOWNSHIP 32 SOUTH,
RANGE 39 EAST AND RUN EAST 469.00 FEET TO THE WEST RIGHT-OF-WAY OF FLORIDA EAST COAST RAILROAD; THENCE RUN
NORTHERLY ALONG SAID RIGHT- OF-WAY 862.00 FEET; THENCE RUN WEST 248. 00 FEET; THENCE RUN SOUTH 625.00 FEET TO
THE POINT OF BEGINNING. ALL LYING AND BEING IN SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY,
FLORIDA.
PARCEL 7:
THAT PART LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT- OF-WAY OF THE NORTH 5 ACRES OF THE SOUTH 30
ACRES OF THE NORTHWEST 1 \4 OF THE SOUTHEAST 1 \4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING AND
BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL 8:
THAT PART OF TRACT 32, IN THE SOUTH 1 \2 OF SECTION 9, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST
GENERAL PLAT OF LANDS 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 LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE LATERAL "G" CANAL.
PARCEL 9:
ALL THAT PART OF THE NORTHEAST 1 \4 OF THE SOUTHWEST 1 \4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
LYING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPTING THE NORTH 640 FEET OF THE WEST 390 FEET THEREOF;
AND
LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL FROM THE CENTER OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39
EAST, RUN SOUTH ALONG THE CENTERLINE OF SAID SECTION 10, A DISTANCE OF 40 FEET TO THE SOUTH RIGHT-OF-WAY OF
SOUTH WINTER BEACH ROAD (STATE ROAD 5-632) AND POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING RUN
WEST ON SAID SOUTH RIGHT-OF- WAY A DISTANCE OF 740.4 FEET; THENCE RUN SOUTH AND PARALLEL WITH THE CENTER LINE
OF SAID SECTION 10, A DISTANCE OF 300 FEET TO THE NORTH RIGHT-OF- WAY OF A RAILROAD SIDE TRACK EASEMENT;
THENCE EAST ALONG SAID NORTH RIGHT-OF- WAY OF THE RAILROAD SIDE TRACK EASEMENT 740.4 FEET, MORE OR LESS, TO
A POINT OF INTERSECTION WITH SAID NORTH- SOUTH CENTER LINE OF SECTION 10; THENCE RUN NORTH ALONG THE CENTER
LINE OF SAID SECTION 10, A DISTANCE OF 306. 61 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. (LESS AND EXCEPTED
PARCELS AS DESCRIBED IN OFFICIAL RECORDS BOOK 397, PAGE 930; OFFICIAL RECORDS BOOK 408, PAGE 186; OFFICIAL
RECORDS BOOK 408, PAGE 189; OFFICIAL RECORDS BOOK 542, PAGE 554 AND OFFICIAL RECORD BOOK 1213, PAGE 2122,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA).
ALL PARCELS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, CONTAINING 160.97 ACRES, MORE OR LESS.
SCHULKE , BITTLE & STODDARD , L . L . C .
EXHIBIT ' A ' HIGH POINTE CML & $7RUCWft 0CIVMT#4G LAND PLANNING &NARMM&WAL P&RMU7ING
1 OF 2SUBDIVISION CERTIFICATION OF AUTHORIZATION NO.. 00008668
1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAX 772 1770-9496 EMAIL info@sbsengineem.com
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EXHIBIT 'A ' SCHULKE , BITTLE & STODDARD , L . L . C .
HIGH POINTE SUBDIVISION CML & SMC7VW EWNEERING LAND PLANNING OMRONMENTAL PERMIMNG
2 OF 2 CERTIFICATION OF AUTHORIZATION NO. . 00008668
1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 52960
TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL info@sbsengineers.com
EXHIBIT "B"
ESTIMATED COST OF IMPROVEMENTS
MASTER PLANNED WATER MAIN
IN 65TH STREET
6/27/2006
ITEM DESCRIPTION QUANTITY I UNIT OF UNIT PRICE TOTAL PRICE
MEASURE
WATER
1 MOT 1 LS $ 7, 500.00 $ 75500. 00
2 Mobilization 1 LS $ 10 , 000. 00 $ 10 , 000. 00
3 Connect to Exist Water Main 1 EA $ 11500 . 00 $ 11500. 00
4 Oen Cut Old Dixie & Restore 1 LS $ 5, 000. 00 $ 5, 000. 00
5 24" Jack & Bore w/12" WM 108 LF $ 400. 00 $ 43,200 . 00
6 12" Gate Valves 10 EA $ 15000. 00 $ 10, 000. 00
7 12" PVC Pie 5130 LF 1 $ 35. 00 $ 179,550. 00
8 12 X 6 Tee 2 EA $ 750. E- -$ 1 , 500. 00
9 6" Gate Valve 3 EA $ 750 . 00 $ 2,250. 00
10 12 X 8 Tee 1 EA $ 850 . 00 $ 850. 00
11 8" Gate Valve 1 EA $ 850. 00 $ 850. 00
12 8" Plug 1 EA $ 300. 00 $ 300 . 00
13 12 X 6 Cross 1 EA $ 13500. 00 $ 11500 . 00
14 6" Plug 2 EA $ 250. 00 $ 500. 00
15 12" HDPE Directional Bore 150 LF $ 250 . 00 $ 37 , 500. 00
16 Sod Right of Way 5130 LF $ 3 . 50 $ 17, 955. 00
17 Testing 1 LS $ 51000 . 00 $ 5, 000. 00
18 Sam lin Points 5 EA $ 500. 00 $ 2 , 500.00
19 Tem Jumper 1 EA $ 29000. 00 $ 2 , 000 . 00
Total $ 329 , 455. 00
Contin enc 10 % $ 32, 945. 50
Survey $ 7, 500. 00
Design $ 10,000. 00
Permitting $ 4, 000 . 00
Bidding & Award $ 21000. 00
Services during constuction $ 5 , 000. 00
Administration $ 1 , 500. 00
Total $ 3922400. 50
Developer's Share Water $95360 . 00
County Share $383, 040 . 50
210 LF. 12' H.O.P.E.
DIRECTIONAL BORE Q
STA. 1001 +91 .52, 40.65' LT. MIN. 8' CLEARANCE BELOW J
DER LATERAL 'G' CANAL
CONNECT TO EXISTING 12' 12' MJGV WATERMAIN BOTTOM OF CANAL I LTJ
TEMP. SAMPLE POINT I m
FLUSHING POINT MAKE
North CONNECTION ONLY AFTER CONST. 318 LF.
CLEARED FOR USE. 12' PVC WATERMAIN
W
LLI
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12 ' 1PVC WM I _�_ WAT WAT WAT
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OI SOUTH WINTER BEACH ROAD IO
m ( 65TH STREET )
Q I STA 1004+02, 40.56' LT. STA 1009+25.25, 5.41 '12oLT.-.
12' MJGV STA 1009+0 E 40.33' LT. CONST. 6'x 4' MJ TEE I c�I
w I STAx6' MJ TEE 8' MJCV
1 12' MPL 4' MJ PLUG —
STA 1004+33.27, 7.30 LT 1 6' MJGV 40 MJF LL1
IyJ REMOVE EXIST PLUG CONST. 500 LF. 1 6' MJ PLUG W
(n AND CONNECT NEW 12' PVC WATERMPIN TEMP. SAMPLE POINT N
FTA TO IXISDNG.
Lid
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—
- - - - - - - - - - - - - - - - - - - - - - - - - — — — 1--
1215' DEFLECT F.M.
�R1 I 6' PVC FM BELOW W.N.
F-
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SCHULKE , BITTLE & STODDARD , L . L . C .
EXHIBIT ' C ' HIGH POINTE SUBDIVISION CML & STRW7VRALEENCINaWIM LODIFICATION OF ZAPLMNQVG acEWRONU MAL PERMITTING
1 OF 4 1717 INDIAN RIVER BLVD. , SUITE 201 VERO BEACH , FLORIDA 32960
TEL 7721770-9622 FAX 7721770-9496 EMAIL info@sbsengineers.com
N
L� I IO
O � � w
I North Im
I
1000 LF.
LIJ I 1000 LF. 12' PVC WM — LW
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Z - - - - - - - - - - - - - - - - - - - - - - - - - - rZ
1215 L _— _
J I - - - � - - - - r- - - - - - - - - - - - eT `" + - -IJ_
c50"K I U
U — — — — — — — — — — 45' BENDS
1 f1A I M FY FW
Q 10 TYP. — —
� may.
STA. 1019+04.44. 37.65' LT. I v
12'.6• cross
(2) 12' MJGV
(2) 6' WGv I O
(1) 6- MJ PLUG
I TEMP. SAMPLE POINT I
Q STA 1019+66.75, 32' RT.
II M
— — — — — — — 6'z44 TEE
— ((1 ) 6' MJGV I
(1) 4' MJGVJi
- WAT WAT WAT WAT WAT - -
I"_ T - - - - - - WAT WAT WAT WAT WAT WAT -F V /
_ - - - - - '- - - T'
T —' - - - - - - - - - -- -_ --- - - - - Tom,-L�- - - - - - -
X24 LF.
6PVC FM I i DEFLECT .M. RIM FM FIA FM RM
— — — — — —
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�SCHULKE , BITTLE & STODDARD , L . L . C .
& STODDARD , L . L . C .
EXHIBIT ' C ' HIGH POINTE SUBDIVISION CML & STRUCTURAL ENCTNEERINB (AND PLWNNC £AMRONMEMFAL PExMff7W
2 OF 4 CERTIFICATION OF AUTHORIZATION NO.: 00008668
1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960
TEL 7721770-9622 FAX 7721770-9496 EMAIL info@shsengineem.com
io
O 00 IJ
N North Im
7 Lf.
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PJCWAIM" STA 1027+65, 28. 14' LTw (C(1 ) 2" 1W� AW 7EEw
(1 ) 8" MI ^— — 1 6' NJ PLUG LWAT WAT
WAT WAT - w
W WAT WAT WAT WAT I WAT IZ
Z - - - - - - - _- - - - - - - - - - - - - - - - - - -
- - - - - - - � - - - �'T-0°"- - - - - - - -
U M M M M M M M _ -
M - M_ f M Q
STA 1027+-1b, 25' CC
fi PVC M CONST. 6'X4' MJ TEE L
JL DIRECTIONAL BORE 1
1 r W I 4" Mi PLUG 60 LF. HDPE FM
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10
I 1
612 LF. SOUTH WINTER BEACH ROAD w
12" PVC WN ( 65TH STREET ) L'-I
IIAT - - - - - - - - - - - - - - - - W
4WATWAT WAT WAT WAT WAT WA1� WAT WAT I Z
- - - - T - - - WAT- - - - - - - - - - - - - - - - - - - 794—UT.— - - - - - - - - - - - - - - - -M
6" PVC FORCEMAIN �..'_— M —M M M M M
SCHULKE , BITTLE & STODDARD , L . L . C .
EXHIBIT ' C ' HIGH POINTE SUBDIVISION CML & 57RwTURAL ENDINanzAG [AND P mmw ENVIRDNMENTAL PERMDTINC
CERTIFICATION OF AUTHORIZATION NO.: 00008668
3 OF 4 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960
FEL 7721 770-9622 FAX 772 / 770-9496 EMAIL info@sbsengineem.com
OO I PH SE I - (OFF-SITE)
STA 1136+12.42, 25 LT. I
PHASE I - (OFF-SITE) 6' MJ North W
STA. 78+30.94, 14 LT. 2• B -OFF m
STA. 1036+97.77, 24.66' RT. FLUSH POINT SOUTH WINTER BEACH ROAD I
6'x4' M.J. TEE SARI p01NT
w �; ; MJG
4' MJGV, 4* PLUG RPE SE 1116 CAP CONSTRUCT TEMP. ( 6 5TH STREET ) w
w PHASE III - (ON-SITE) JUM CONNECTION w
REMOVE PLUG - CONNECT CONST TEMP. SAMPLE POINT 939 LF. 12� PVC N
TO EXISTING 4' MJGV I
WATERMNN
I- - - - _ - - - - w
Z WAT WA /
STA 1036+12.42, 25' LT. W WAT WAT WAT --L war AT T F II�AOF WAY
--SM-7848025, _W 6L —
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- — — — — — RIGHT OF WAY LINE Q
r — — — — — DEFLECT F.M. MIN. 340 LF. CONSTRUCT 60 LF.
8' H.D.P.E. FORCEMPIN
°D 19' BEI W.M. o} PVC FORCEMAIN + / MIN. 36' BELOW ORNEWAY
I 1 OPEN CUT ROADWAY MR
WAT"R MAIN CONSfR11CT10N
AND RECEMNG PR. R WU_
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WAT WAT WAT --M�-�— -P-oxmu�Os$T6�A�rT _ J/
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\- ' --{ A. 1044+55.3 A 1045+05
w - - - - - - - - - - - - - - - - - - - - - - - - - \\ 21 . 1 ' LT INTERSECTION WITH 't
Z 6' MJGV _ f.E.C. RAILROAD
i
— _— — JACKING PR \\ — — � — —
2F —
FM FM M FM FM
U� — — — — — -- — - — — STA 1045+73.5, 21 .2' RT
I'- 108 LF C DLE RECFMNG PIT ` � '' CONNECT TO EXISTING
Q 1 /40 THICK STEEL CASING. ` . 16' FORCE MAIN W/16'x6"
JACK AND BORE d ?� TAPPING SLEEVE AND 6m MJGV
UNDER F.fT.C. RAILWAY. Ne \
CONST. 6 W.M. CARRIER R
PIPE THROUGH STEEL CASING. U
SCHULKE , BITTLE & STODDARD , L . L . C .
EXHIBIT ' C ' HIGH POINTE SUBDIVISION CMC & SMCnaALR ONMINGAu`�Dz"NM oDWWRO EWAL PERMIMNG
4 OF 4 1717 INDIAN RIVER BLVD. , SUITE 201 VERO BEACH, FLORIDA 32960
TEL 772 / 770-9622 FAX 7721770-9496 EMAIL info@sbsengineem.com
EXHIBIT " D"
ESTIMATED COST OF IMPROVEMENTS
FORCE MAIN
IN 65TH STREET FROM OLD DIXIE TO WEST PROPERTY LINE
4/10/2006
ITEM DESCRIPTION QUANTITY UNIT OF UNIT PRICE TOTAL PRICE
MEASURE
Sewer Force Main
1 MOT N2689
LS $ 2 , 500. 00 $22500. 00
2 Mobilization LS $ 51000. 00 $5 , 000. 00
3 16 X 6 Ta Sleeve & Valve EA $ 41500. 00 $4 , 500. 00
4 Restore Pavement & Sod LS $ 1 , 000 . 00 $ 1 , 000. 00
5 14" Jack & Bore w/ 6" FM LF $ 350 . 00 $37, 800. 00
6 6" Gate Valve EA $ 750. 00 $3, 000.00
7 6" PVC Force Main LF $ 25. 00 $673225 . 00
8 6" HDPE Directional Bore 120 LF $ 150. 00 $ 18, 000 . 00
9 4" Gate Valve 3 EA $ 500.00 $12500. 00
10 6 X 4 Tee 3 EA $ 700. 00 $2 , 100. 00
11 4" Plug 2 EA $ 200. 00 $400. 00
12 6" Plu 1 EA $ 300 . 00 $300.00
13 Sod Right ht of Wa 2689 LF $ 3 . 50 $9,411 . 50
14 [Testing 1 LS $ 31000 . 00 $33000. 00
Total $ 1557736. 50
Contin enc 10% $ 15, 573 . 65
Survey $32500. 00
Design $ 10, 000. 00
Permitting $5 , 000. 00
Bidding & Award $2, 000. 00
Services during constuction $5, 000. 00
Ad ministration $ 1 , 500 . 00
Total $ 198, 310 . 15
EXHIBIT " E"
ESTIMATED COST OF IMPROVEMENTS
FORCE MAIN
IN 65TH STREET FROM WEST PROPERTY LINE TO LATERAL G CANAL
4/10/2006
ITEM DESCRIPTION QUANTITY UNIT OF UNIT PRICE TOTAL PRICE
MEASURE
Sewer Force Main
1 MOT 1 LS $ 11500. 00 $ 1 , 500. 00
2 Mobilization 1 LS $ 3, 000 . 00 $3 , 000 . 00
3 6" PVC Force Main 1215 EA $ 25. 00 $30 , 375. 00
4 6" Gate Valve 1 LS $ 750. 00 $750. 00
5 6 X 4 Tee 1 LF $ 700. 00 $700 . 00
6 4" Gate Valve 1 LF $ 500 . 00 $500. 00
7 6" 45 Bends 2 LF $ 500. 00 $ 11000. 00
8 4" Plug 1 EA 1 $ 200. 00 $200. 00
9 Sod Right of Way 1215 LF $ 3 . 50 $4 , 252 . 50
10 Testing 1 LS $ 1 , 000 . 00 $ 1 , 000. 00
Total $43, 277. 50
Contin enMconstuction
4 , 327 . 75
Survey 1 , 200. 00
Design5, 000 . 00
Permitting1 , 000. 00
Bidding & A1 , 000 . 00
Services d2, 000. 00
Administrat $500. 00
Total8, 305 . 25
! County Share $58 , 305.25
EXHIBIT "G"
SHARED COST OF IMPROVEMENTS PER FRONT FOOTAGE
FORCE MAINS IN 651th STREET
FROM OLD DIXIE TO WEST PROPERTY LINE
7/10/2006
PROPERTY FOOTFRONTAGE COST
North Side of 65th Street
Parcel AA 65 .00 $ 2,292 . 03
Parcel BB 1320. 00 $ 46, 545 . 88
Parcel CC 1320. 00 $ 463545 . 88
Parcel CCC 82. 00 $ 2 , 891 .49
South Side of 65th Street
Parcel DD 115.00 $ 41055. 13
Parcel EE 50.00 $ 11763. 10
Parcel FF 400. 00 $ 14, 104. 81
Parcel GG 290.40 $ 10,240. 09
Parcel HH 217. 50 $ 71669.49
Parcel HHH - Developer's PropertV 190. 00 $ 6,699. 79
Parcel 11 172. 00 $ 6, 065 . 07
Parcel JJ 660. 00 $ 23,272 . 94
Parcel KK Developer's Property 40. 00 $ 11410.48
Parcel LL 100.00 $ 3 , 526.20
Parcel MM Developers Property 602. 00M$ 29, 338. 01
74
15
TOTAL FRONTAGE BOTH SIDES 5,623 . 90
TOTAL COST See Exhibit D 15
Developers Unit Cost $ per foot $35.2614