HomeMy WebLinkAbout2005-223 .� _ 2i - ate
AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA,
ORCHID LANDING, L . L . 0
AND
WCI COMMUNITIES , INC .
RELATING TO
CR 510 WIDENING AND CR 510/US 1
INTERSECTION IMPROVEMENTS
THIS AGREEMENT , entered into this 21 st day of dune , 2005 ,
by and between INDIAN RIVER COUNTY, FLORIDA , a political subdivision of the
State of Florida, 1840 25th Street, Vero Beach, Florida 32960 , hereafter called
COUNTY, WCI COMMUNITIES, INC . , 11631 Kew Gardens Avenue , Suite 201 ,
Palm Beach Gardens , Florida 33410 , hereafter called DEVELOPER and ORCHID
LANDING L .L . C ., 699 17th Street, Suite " C " , Vero Beach, Florida 32960 , hereinafter
called OWNER;
WHEREAS , the DEVELOPER and OWNER have submitted a conceptual site
plan and traffic impact analysis to the COUNTY for a residential mixed-use community
known as Orchid Landing on a 117 acre parcel of land (located north and south of CR
510 ) legally described in Exhibit "A" (the "Property") ; and
WHEREAS, the DEVELOPER and OWNER propose to construct approximately
512 residential units and approximately 130 , 000 S . F . of commercial or a mix of
residential/commercial uses on the Property, ( "the Project") ; and
6/ 15/2005 - 10 : 03 AM 1
WHEREAS, the Project is located along the east side of U . S . Highway One, north
and south of County Road 510 in Indian River County and known as Project Number SP-
MA- 04- 06- 25 , and;
WHEREAS , the COUNTY, DEVELOPER and OWNER share mutual concerns
with respect to right- of-way dedication and roadway improvements necessary at the
intersection of County Road 510 and U . S . Highway One and the expansion of County
Road 510 by adding two lanes from 85th Place to west of the Wabasso Bridge in order to
accommodate current and projected traffic volumes , and;
WHEREAS , DEVELOPER and OWNER agree that the addition of the two
additional lanes on County Road 510 fronting their property and improvements to the
USI /CR 510 intersection are required by their development and as such, it is not eligible
for traffic impact fees ; and
WHEREAS , the parties agree that this agreement is contingent upon
DEVELOPER receiving final site plan approval and if final site plan approval is not
obtained, this agreement shall become null and void; and
WHEREAS , both the COUNTY and DEVELOPER can assist each other through
a joint effort that will share the cost of the proposed improvements .
NOW, THEREFORE , in consideration of the mutual terms , conditions ,
promises , covenants and premises hereafter, the COUNTY, DEVELOPER and OWNER
agree as follows :
1 . The above recitals are affirmed as being true and correct and are thereby
incorporated herein .
6/ 15 /2005 - 10 : 45 AM 2
2 . The COUNTY agrees to design and construct the following roadway and
intersection improvements :
A . Expansion of the existing two lane road to add two additional lanes
( for a four lane divided section) on County Road 510 , between the FEC Railroad and the
Wabasso Bridge , a distance of approximately 3 , 000 linear feet, including transitions ,
project site-related turn lanes , and signalization at the CR 510/Orchid Landing entrance
(if warranted and approved by the Florida DOT since CR 510 has recently been
transferred to the State of Florida) . Said improvement shall include the construction of
dual left turn lanes , two through lanes and a right turn lane on all four approaches to the
CR 510/US 1 intersection, including necessary transitions to the portions of the existing
CR 510 roadway and signalization for the CR 510/US 1 intersection . All of the foregoing
items are collectively known as the "Road Improvements " . The estimated cost of the
above improvements , based on an estimate from Kimley- Horn & Associates and
approved by COUNTY, is Three Million Nine Hundred Seventy Nine Thousand Eight
Hundred Fifty Nine Dollars ( $ 3 , 979 , 859 . 00) . When construction drawings are 60 %
complete , a copy will be made available to the DEVELOPER for design of water, sewer
and applicable project utilities . The project will be designed by McMahon and
Associates , Inc . , Engineer for the County.
Be COUNTY shall be responsible for all costs associated with obtaining
the right- of-way for the Road Improvements . DEVELOPER and OWNER shall use their
best efforts to assist the COUNTY in the right- of-way acquisition , including stormwater
6/ 15/2005 - 10 : 03 AM 3
ponds , necessary for the construction of the Road Improvements . All right-of-way shall
be acquired in conformance with the Uniform Act .
Co DEVELOPER and OWNER further agree to make available , by
voluntary donation or by compensation under the Uniform Act, to COUNTY forty feet
(40 ') of right- of-way, or the maximum right- of-way needed to accommodate the road
construction project based on the selected alignment of the alternative , as proposed by the
Stanley Consultants PD&E Study (and approved by FDOT) currently being drafted, on
the north and south sides of County Road 510 , within DEVELOPER' S and OWNER' S
property. As consideration for DEVELOPER' S AND OWNER' S Right- of- Way efforts ,
COUNTY agrees to process an application to vacate/abandon portions of 46th Avenue
( Sunrise Avenue) , and 86th Street as shown on Exhibit " B " . COUNTY shall initiate
abandonment procedures within 45 days of COUNTY approval of this Agreement . If the
abandonment is approved, the DEVELOPER and OWNER will voluntarily donate the
CR 510 right- of-way under their ownership and control . If the abandonment is not
approved, the COUNTY will acquire the right- of- way, using procedures under the
Uniform Act, and compensate the DEVELOPER and OWNER accordingly at appraised
value . DEVELOPER and OWNER agree to execute all documents regarding right-of-
way acquisition to be in conformance with the Uniform Act .
3 . The DEVELOPER shall pay to COUNTY an amount not to exceed One
Million Four Hundred Seventy One Thousand Seventeen Dollars ( $ 1 ,473 ,299 . 73 ) which
represents DEVELOPER' S proportionate share of the road improvement costs further
described in Exhibit " C . " This amount includes DEVELOPER paying for 100% of any
6/ 15/2005 - 11 : 08 AM 4
site-related turn lanes and signalization for DEVELOPER' S Project . Said DEVELOPER
payment of $ 1 , 473 ,299 . 73 by cashier ' s check or wire transfer shall be due COUNTY
prior to the issuance of a Land Development Permit for DEVELOPER' S project .
4 . COUNTY shall be responsible for the balance of the Road Improvement
costs not covered by Section 3 above .
5 . Approval of this Agreement, together with the payment of all other required
COUNTY adopted impact fees , shall satisfy concurrency for the Orchid Landing project
as it relates to the widening of the County Road 510 link between US 1 and west of the
Wabasso Bridge and the US 1 / CR 510 intersection as further described in this
Agreement . The DEVELOPER acknowledges and agrees that the aforementioned
concurrency satisfaction is only effective to the extent that other development projects in
the County do not cause a road capacity deficiency on other roadway links or
intersections in the area prior to the payment of the required Impact Fees .
6 . Aside from the duties and obligations contained in this Agreement, the
DEVELOPER and OWNER shall have no further obligation with respect to the CR
510/US 1 intersection improvements and CR 510 road widening east of US 1 .
7 . In the event of any litigation arising out of this Agreement, both parties
shall bear their own attorney fees and costs .
8 . 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/ 15 /2005 - 11 : 08 AM 5
9 . This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their successors and assigns .
10 . 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 .
11 . 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 .
12 . 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 .
13 . 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 .
14 . COUNTY and DEVELOPER shall grant such further assurances , 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 .
15 . 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
6/ 15/2005 - 10 : 03 AM 6
times be deemed a waiver or relinquishment of such right or power at any other time or
times .
16 . 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 .
17 . 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.
18 . 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 .
19 . The Exhibits attached to this agreement are incorporated by reference
herein .
(The remainder of this page left blank intentionally. )
6/ 15 /2005 - 10 : 03 AM 7
IN WITNESS WHEREOF the COUNTY, OWNER and DEVELOPER have
caused these presents to be executed in their names , the day and year first above written .
WCI COMMUNITIES, INC ., (Developer) BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Its By.
Thomas: Lowther, Chatinan
F
T ,
+y a x
WITNESS :
, r
BCC APPROVED :' ''
WITNESS :
June 21 , 2005
Corporate seal is acceptable in place of witnesses)
APPROVED :
ORCHID LA . , er) seph A . Baird, County Administrator
By:
Its ., , ATTEST :
WITNESS "�-� '--
de ey K . Barton, Clerk of Court
WITNESS :
-ruNH � - _ cJC
APPROVED AS TO FORM AND
(Corporate seal is acceptable in place of witnesses) EGAL SUFFICIENCY
ounty ttorn
6/ 15 /2005 - 10 : 03 AM 8
IN WITNESS WHEREOF the COUNTY , OWNER and DEVELOPER have
caused these presents to be executed in their names , the day and year first above written .
WCI COMMUNITIES , INC ., (Developer) BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, 1�1I�QIilrq
r of
By:
Its By:
1 Thomas S IJO rr h i"ther, Chairman
WITNESS
BCC APPROVED ,
WITN
June 21 , 2005
Corporate seal is acceptable in place of witnesses)
APPROVED .
ORCHID LANDING, L .L . C. , (Owner) J eph A. Baird, County Adminis ator
By:
Its ATTEST .
WITNESS : Ptvc
e frey K. Barton, Clerk of Court
WITNESS :
APPROVED AS TO FORM AND
(Corporate seal is acceptable in place of witnesses) LEGAL SUFFICIENCY
u Atto
6/ 15 /2005 - 9 : 57 AM 8
"Ex &bit All
in this Commitment and covered herein is fee. simple, and title thereto is
The estate or interest in the land described or referred to
at the effective date hereof vested in:
ORCHID LANDING , LLC , a Florida 'iimited liability company t
The Landis described as follows :
Parcel " IA "
A parcel of land lying in Section 33 , Township 31 South, Range 39 East, 'Indian River County, Florida, being the Northeast
quarter of the S outheast quarter of the Northeast quarter , less the South 35 . 00 feet thereof for road right -of way ; and also less the
South 208 .'71 feet of the East 208 . 71 feet.
parcel " IB"
All that part of the Northwest quarter of the Southeast quarter of the Northeast quarter of Section 33 , Township 31 South, Range
39 East, lying East of the New Four Lane U . S . Highway No . 1 , including that portion of Lot 2 , Block 3 ; of Replat of W abasso
Manor AdditioT, as recorded in Plat Book 6 , Page 15 , Indian River County., Florida Public Records , lying East of said U . S .
Highway No . 1 .
AND - (Parcel 2 )
South of State Road 510 : That part of -Lots 1 , 2 and 15 , Naranja Tract - Sheli.mound Beach Subdivision according .to the plat
thereof filed in the Office of the Cleric of the Circuit Court of Indian River . County, Florida , in Plat Book 1 , Page -6 , lying
Southerly of State Road 510 (C .R 510) ; and that part of Eureka Estates Subaivision as recorded in Plat Book 1 ,: Page 40 , Indian
River County Public Records, u1C1�1dIng all parcels, lots , .;locks and roadways lying -m hin Gra veinmx = t LOt 6 ; Section 28 ,
that part of the Northeast 1 /4 of the Northeast 1 /4 of Section 33 , Township 31 South,
Township 31 South, Range 39 East; and
Range 39 East; and that part of the Northwest 1 /4 of the Northwest 1 /4 of Section 34, Township 31 South, Range� 39 East, all
being more partictilarly described as follows :
Beginning at the Southwest comer of Government Lot 6; Section 28 , Township 31 South, Range 39 East; thence run North 00
, point of curvature; thence run Northeasterly along a curve concave to the Southeast through a central angle of 10 degrees 2631
a radius of 2824 . 79 feet, a carve length of 551 . 02 feet to a point of tangency; -thence continue along said right-of-way a - distance
of 263 .32 feet to a point; thence run South 09 degrees 00' 07 " East a distance of 366 .27 feet; thence run South 74 degrees 3 5 '
51 "
West a distance of 176. 84 feet; thence run South 25 degrees 56 ' 42 " East a distance of 295 . 14 feet; thence _ run South 26 degrees
04' 26 " East a distance of 815 . 71 feet to the intersection of the South line of said Goverment Lot 6 and the North line of Section
33 ; thence continue South 26 degrees 04 ' 26" East a distance of 1473 .88 feet to the South line of that part of the Northwest 114 of
the Northwest 1 /4 of Section 34 , Township 31 South, • Range 39 East, thence run South 89 degrees 35 ' 32 " West along the said
South line of the Northwest 1 /4 of the Northwest 1 /4 of Section 34 and the South line of the Northeast 1 /4 of flee Northeast 1 /4
of Section 33 , a distance of 1728 . 83 . feet to the Easterly right- of-way of U. S . Highway No . 1 ; thence run North 32 degrees 49'
19 " West along said right-of--way a distance of 225 . 96 feet ; thence Min NcTtil 00 degrees 43 ' 18 " West along the West line of
said
Northeast 1 /4 of the Northeast 1 /4 a distance of 1137 .72 feet to the point -of=beginning . Together with that part of Lots 9 and 10
Block 5 , Graves Addition to W abasso recorded in Plat Book 2 , Page 41 , lying East of U . S . Highway No . 1 , Official Records
Book 337 , Page 495..
Together with a drainage easement as recorded in Official Records Book 337 , Page 64 , Indian River County Public Records .
And also
North of State Road 510 : Lots 1 tluough 17 , inclusive, Block 8 ; Lots 2; 3 , 4 and 10; and 'I i part of Lots 5 , 7 , 8 , 9
, 12 and 13 ,
Block 9 , Weona Park Subdivision Replat, as recorded in Plat Book Z, Page 17 , Indian River Public Records , lying North of State
Road 510 ,
And (Parcel 3 )
Lot 1 , Block 9 ; Weona Park Subdivision, according to the I,' lat thereof, as recorded in Plat Book 2 , Page 17 , of the Public
Records of Indian River County, Florida.
1
And (Parcel ' 4) ti .
Parcel A: East 13 acres of the North 1i2 of Government Lot 2, Section 34 , Township 31 South, Range 39 East, Indian River
County, less and except that .portion of said land "conveyed to the State of Florida by instnunent recorded in Official Records
Book 100, Page 493 , Public Records of Indian River County , Florida .
And
Parcel B : All that tract of land lying and being in Government Lot 2 of Section 34, Township 31 South, Range 39 East, Indian
River County, Florida, described as follows : Beginning at the Northwest comer of saitl Government Lot 2 , thence running South
a distance of 660 feet; thence run East a distance of 712 , 00 feet; thence run in a Northwesterly direction a distance of 720 . 00 feet
to a point 412 .00 feet due East of the Northwest comer of said Government Lot 2 ; thence run West a distance of 412.00 feet to
the point of beginning, less and except that property conveyed to the State of Florida by instruaient recorded in Official Records
Book 101 , Page 498 , Public Records of Indian River County, Florida .
And (Parcel 5 )
Parcel A.: All that part of the following described parcels lying East of State Road J '. V a11n N^r*tu of Orange Street.
Parcel 1 : )rot 11 , Block 3 , Weona Park Subdivision, according to the Plat thereof as recorded in Plat Book .2, Page 17 , Public
Records of Indian River County, Florida.
Parcei 2 : All of the right of way of abandoned Tropical Avenue as said Tropical Avenue is she_' on he plat of Weona Park
Subdivision recorded in Plat Book 2 , Page 17 , Public Records of Indian River County ; Florida, as abandoned by Resolution No .
70- 26 and recorded in Official Records Book 35.6 , Page 12 , Public Records of Indian County , .Florida .
Parcel 3 : Lots i through 17 , inclusive, Block 10 , of Weona Park Subdivision. according to the Plat thereof recorded in Plat Book
2, Page 17 , Public Records of Indian River, Florida .
Parcel B : All of the abandoned right of way .of Orange Street, a 25 foot right of way, which Iies between the West right of way
line of 46th Avenue and the Easterly right of way line of County Road 510 , said Orange Street as shown on the Plat of W Bona
Park, as recorded in Plat Book 2, Page 173 Public Records of Indian River County , Florida, as abandoned by Resolution No .
2003=121 adopted by the Board of County Commissioners of Indian River County, Florida, less , however, that portion lying
within 80 feet of the centerline of County Road 510 and that portion lying within 30 feet of the East line of the Southwest
ouarter of the Southeast quarter of Section 28, Township 31 South, Range 39 Bast, Indian River County, Florida . All of thu
foregoing described abandoned parcel having been abandoned pursuant to Resolution No . 2003- 121 adopted by the Board of
County Commissioners of Indian River County, Florida.
Parcel C : The South one-half ( 1 /2) of the following parcel: That portion of Poinsettia Boulevard, as shown an the Replat of
Weona Park Subdivision, recorded in the Public Records of Indian River County, Florida in Plat Book 2, Page 17 , from the West
line of Sunrise Street to the Southeast right of way of SR No . 510, as same was abandoned pursuant to Resolution No . 89 -39
recorded in Official Records Book 835 , Page 641 , Public Records of Indian River County, Forida .
Parcel D: All that part of the following described property lying East of State Road 510 and North of Poinsettia Boulevard : Lots
6, 11 , 14 , 15 , 16 and 17 , $ lock 9, Weona Park Subdivision, according to the Plat thereaf as recorded in Plat Book 2 ,
Page 17 ,
Public Records of Indian River County , Florida.
Parcel E : The North one-half ( 1 /2) of the following parcel: That portion of Poinsettia Boulevard, as shown on the Replat of
. Weona Park Subdivision, recorded in the Public Records of Indian River County, Florida , in Plat Book 2 , Page 17 , from the
West line of Sunrise Street to the Southeast right of way of SR No . 510 , as same was abandoned pursuant to Resolution No . 89 -
39 , recorded in Official Records Book 835 , Page 641 , Public Records of Indian River County , Florida .
As to Parcels A, B , C , D and E above : Less and except any portion thereof, if any, lying within the road right of way of SR
510
and less and except the additional right of way as conveyed in Official Records Book 1200 , Page 1718 , Public Records of Indian
Pivei County, Florida.
And (Parcel 6)
From the Northeast corner of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 33 , Township 31
South, Range 39 East, Indian River County, Florida ; run South 00 degrees 05 ' 49 " West a distance of 423 .72 feet to the point
of
beginning of the herein described property; thence continue South 00 degrees 05' 48 " West a distance of 209 . 71 feet; thence nun
North 89 degrees 44' 39 " West a distance of 208 . 71 feet ; thence run North 00 degrees 05' 48 " East .a distance of 208 . 71
feet;
thence run South 89 degrees 44 ' 39" East a distance of 208 . 71 feet to the point of beginning .
i
S _ Hili AVENUE
O �y> y` I:fEG051'ATION $
��'C]
NN.
.T.. ❑ ' iy✓" .___— ` - 47f11 AVENUE.
W
N - UAICNI DEIIOIE:
Ex61R10 FPOSEOPD
0(1 R/W HMNODNUEM OF
dig ��J•'!" I \ - �.\ -
INTEItsoEHOIES
Q y UATCUING DEUOIES R/W f WIOFDEP
/ IO BE AOAHOONEO WIIII \ ARANOONUEM OF
/�/� UIEIIY EASEUENT
W Y; RJN
IW /�/� ' rt REIUINIUG OP RELOCATE
W J':r � UAICIUUG DEUOIES UTILITY ( IZ� WA ) -
L . PROPOSEO AeAlOOMMERT '\
OF_R�W
`./ s
WLL
' lA
Nrake 4
O :'' i' \ �'•
11 . 13
LL -NN
1��-1(12r11
U YL T �ILI TI �
(SAO
O it
u
pr
)
1 !
_ A 4k
'
.1
EXHIBIT " C "
DEVELOPER' S PROPORTIONATE SHARE CONTRIBUTIONS
% IMPACT DOLLARS
1 . County Road 510 and US Hwy One Intersection 9 . 7 % $ 262 , 789 . 00
2 . County Road 510 Widening Improvements 84 . 2 % $ 961 , 036 . 73
3 , County Road 510 and Orchid Landing Project Entrance 100 . 0 % $ 2490474 . 00
Total $ 11473 , 299 . 73
6/ 15 /2005 - 11 : 10 AM 11