HomeMy WebLinkAbout2006-011 r
AGREEMENT
BETWEEN 1718887
THIS DOCUMENT HAS BEEN RECORDED
INDIAN RIVER COUNTY, FLORIDA IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK : 1983 PG : 723 , Pagel of 12
AND 01 / 16/2006 at 01 : 04 PM ,
JEFFREY K BARTON , CLERK OF
WOODSIDE TUSCANY, LLC COURT
FOR
TUSCANY LAKES SUBDIVISION
FOR THE CONSTRUCTION OF OFF- SITE 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 WOODSIDE TUSCANY , LLC , a Florida limited liability company, the address of
which is 2541 Metro Centre Blvd . , West Palm Beach FL 33407 , (hereinafter the DEVELOPER) is
effective upon execution by the second of the two parties .
WHEREAS , the DEVELOPER, in conjunction with the construction improvements at TUSCANY
LAKES SUBDIVISION , is providing water and wastewater facilities to the subject property located at 6125
77TH STREET, and more specifically described in Exhibit " A " ; 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 facilities , and the COUNTY , pursuant to Section 201 . 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 . 16 - inch Diameter Master Planned Sanitary Force Main west along south side 77 °i Street from South
East corner of 58 `I' Avenue and 77 `h Street to west property line of this project
The DEVELOPER shall furnish and install PVC and PE 16- inch Master Planned Force Main pipe
along the south side of 77 `h Street from the south east corner of 58 `I' Avenue and 77 `f' Street to the west
property line of this project for approximately 2914 linear feet . This force main will be plugged at the
south east corner of 58 `h Avenue and 77th Street and at its west end .
The DEVELOPER will not pay line extension fees for wastewater since the COUNTY is requiring the
DEVELOPER to install a 4 - inch force main parallel to the 16 - inch Master Planned Force Main to
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AGREEMENT
BETWEEN 1718887
THIS DOCUMENT HAS BEEN RECORDED
INDIAN RIVER COUNTY, FLORIDA IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK : 1983 PG : 723 , Pagel of 12
AND 01 / 16/2006 at 01 : 04 PM ,
JEFFREY K BARTON , CLERK OF
WOODSIDE TUSCANY, LLC COURT
FOR
TUSCANY LAKES SUBDIVISION
FOR THE CONSTRUCTION OF OFF- SITE 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 WOODSIDE TUSCANY , LLC , a Florida limited liability company, the address of
which is 2541 Metro Centre Blvd . , West Palm Beach FL 33407 , (hereinafter the DEVELOPER) is
effective upon execution by the second of the two parties .
WHEREAS , the DEVELOPER, in conjunction with the construction improvements at TUSCANY
LAKES SUBDIVISION , is providing water and wastewater facilities to the subject property located at 6125
77TH STREET, and more specifically described in Exhibit " A " ; 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 facilities , and the COUNTY , pursuant to Section 201 . 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 . 16 - inch Diameter Master Planned Sanitary Force Main west along south side 77 °i Street from South
East corner of 58 `I' Avenue and 77 `h Street to west property line of this project
The DEVELOPER shall furnish and install PVC and PE 16- inch Master Planned Force Main pipe
along the south side of 77 `h Street from the south east corner of 58 `I' Avenue and 77 `f' Street to the west
property line of this project for approximately 2914 linear feet . This force main will be plugged at the
south east corner of 58 `h Avenue and 77th Street and at its west end .
The DEVELOPER will not pay line extension fees for wastewater since the COUNTY is requiring the
DEVELOPER to install a 4 - inch force main parallel to the 16 - inch Master Planned Force Main to
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service this project
B . 24 - inch Diameter Master Planned Water Main along north Side of 77 `x' Street from North west corner
of 58 `x' Avenue and 77 "' Street to west property line of this project for approximately 2764 linear feet. :
The DEVELOPER shall furnish and install a 24- inch PVC Master Planned water line along the north
side on 77 `h Street from the north west corner of 58"' Avenue and 77 `h Street to the west property line
of this project. This water main will be tapped into the existing water main in 58 `" Avenue and
connected to the existing 8 - inch water main at the west property line .
The DEVELOPER shall pay line extension fees in the amount of $ l 1 . 25 per foot of property
frontage of the proposed water line . There are 1 764 linear feet of frontage on 77 ' ' Street and 430
linear feet of frontage on 58`1' Avenue for a total of 2 , 194 linear feet . The DEVELOPER ' S fee for this
portion is tabulated below :
Frontage Total Frontage Cost per Front Footage ( $/ ft._) F Developer Cost
2 , 194 LF 2 , 194 LF $ 11 . 25 $ 24 , 682 . 50
Reimbursement : The COUNTY shall reimburse the DEVELOPER pursuant to the provisions of
Section 20 1 . 11 , The Code of Indian River County, for funds advanced by DEVELOPER to construct
facilities in accordance with the COUNTY ' S Master Plan , less the cost of the DEVELOPER ' S front
footage line extension fees as set forth below . The funds to reimburse the DEVELOPER shall derive
from the capital projects budget based on projected future payment of capacity charges at a rate of
one-fifth of the total reimbursable amount per year (after dedication of the utility to the COUNTY) for
a period of five years . The first one -fifth payment shall be made at the time of the utility dedication to
the COUNTY . Subsequent payments shall be made on the yearly anniversary of the utility dedication .
If the amount of projected capacity charges is not realized , the reimbursement to DEVELOPER shall
be reduced proportionately . Compensation shall be in the form of a check from the COUNTY -the
total of all payments shall not exceed the amount of $ 777 , 566 . 30 (see Exhibit B ) .
The COUNTY ' S obligation to make reimbursement to DEVELOPER shall expire five ( 5 ) years from
the date of this Agreement .
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
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
CIADOCUMIi- IVVLLANVAIOCALS-IA'IUMPANO'IFSG070C9AA - 1iI . VIS[DUI: VrLOPIiR'SA(1I211I?MINI 12-19-09. DOC - Pabe - `
service this project
B . 24 - inch Diameter Master Planned Water Main along north Side of 77 `x' Street from North west corner
of 58 `x' Avenue and 77 "' Street to west property line of this project for approximately 2764 linear feet. :
The DEVELOPER shall furnish and install a 24- inch PVC Master Planned water line along the north
side on 77 `h Street from the north west corner of 58"' Avenue and 77 `h Street to the west property line
of this project. This water main will be tapped into the existing water main in 58 `" Avenue and
connected to the existing 8 - inch water main at the west property line .
The DEVELOPER shall pay line extension fees in the amount of $ l 1 . 25 per foot of property
frontage of the proposed water line . There are 1 764 linear feet of frontage on 77 ' ' Street and 430
linear feet of frontage on 58`1' Avenue for a total of 2 , 194 linear feet . The DEVELOPER ' S fee for this
portion is tabulated below :
Frontage Total Frontage Cost per Front Footage ( $/ ft._) F Developer Cost
2 , 194 LF 2 , 194 LF $ 11 . 25 $ 24 , 682 . 50
Reimbursement : The COUNTY shall reimburse the DEVELOPER pursuant to the provisions of
Section 20 1 . 11 , The Code of Indian River County, for funds advanced by DEVELOPER to construct
facilities in accordance with the COUNTY ' S Master Plan , less the cost of the DEVELOPER ' S front
footage line extension fees as set forth below . The funds to reimburse the DEVELOPER shall derive
from the capital projects budget based on projected future payment of capacity charges at a rate of
one-fifth of the total reimbursable amount per year (after dedication of the utility to the COUNTY) for
a period of five years . The first one -fifth payment shall be made at the time of the utility dedication to
the COUNTY . Subsequent payments shall be made on the yearly anniversary of the utility dedication .
If the amount of projected capacity charges is not realized , the reimbursement to DEVELOPER shall
be reduced proportionately . Compensation shall be in the form of a check from the COUNTY -the
total of all payments shall not exceed the amount of $ 777 , 566 . 30 (see Exhibit B ) .
The COUNTY ' S obligation to make reimbursement to DEVELOPER shall expire five ( 5 ) years from
the date of this Agreement .
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
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
CIADOCUMIi- IVVLLANVAIOCALS-IA'IUMPANO'IFSG070C9AA - 1iI . VIS[DUI: VrLOPIiR'SA(1I211I?MINI 12-19-09. DOC - Pabe - `
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 by and under continuing contract with the COUNTY for
water and wastewater services (RFQ # 6037) 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 . Captions :
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 .
8 . 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 .
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
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CADOCUMV- I W AANWVLOCNS-1A'fEMI'\NO'I I S603008\A - RPV ISED UIiV1101TR'S AGRF.VMPN'112- 19 05 .DOC
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 by and under continuing contract with the COUNTY for
water and wastewater services (RFQ # 6037) 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 . Captions :
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 .
8 . 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 .
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
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CADOCUMV- I W AANWVLOCNS-1A'fEMI'\NO'I I S603008\A - RPV ISED UIiV1101TR'S AGRF.VMPN'112- 19 05 .DOC
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 .
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
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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 .
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
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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 any judgment 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
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 ( l ) 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 ofthe water distributed to and wastewater collected from the
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CUJOQ IM@- I VJ .LANIAAI ,OCALti- IA'll!MPANO'fI156031�C81A - Rl'VISID DI IVIiLOPI 'R'S AGRHIMI 'N'I' 12- 19-05 DOC
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 any judgment 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
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 ( l ) 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 ofthe water distributed to and wastewater collected from the
- Page 5 -
CUJOQ IM@- I VJ .LANIAAI ,OCALti- IA'll!MPANO'fI156031�C81A - Rl'VISID DI IVIiLOPI 'R'S AGRHIMI 'N'I' 12- 19-05 DOC
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.
1. 8 . 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
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
- Page 6 -
C UUCU h11 [— IAALLANWV .OULS- I AI'ISMPANOTGS603oC9�A - KINIIED DI [VIfLUPl72'S AGRISI!Mb: NT 12- I )-Ui. DOC
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.
1. 8 . 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
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
- Page 6 -
C UUCU h11 [— IAALLANWV .OULS- I AI'ISMPANOTGS603oC9�A - KINIIED DI [VIfLUPl72'S AGRISI!Mb: NT 12- I )-Ui. DOC
IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this
Agreement as follows:
e�rA DEVELOPER: (4 t - C
Witness Signature By:
/*0Ge def J g' W S 5 Printed name
Zimessess Printed NameTitle : Managing Mamber
Date : lZZ U0S Signature
Witness Printed Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The for, egging instrument was acknowledged before me this OW day ofd. , 2005 , by + �+ 0.
HIOV 2v/2l' Managing Member of WOODSIDE TUSCANY, LLC who is personally known to me or
who has produced d L as identification.
Z't . k) Le 'Le'
otary Public
Name : A-WNw SW&S t WrV*
Commission # W CweftWon X28619
Expiration Date EXON X03' 2008
BOARD OF COUNTY COMMISSIONERS
Attest . ti ' • r INDIAN RIVER COUNTY, FLORIDA
ilk. Baiion,'Clerk omne 6' iiit Court
B w
'•Depu—qty lerK.0 C it an
BCC Approved : 01 - 03 - 06
Approved as to Form and Legal Sufficiency Approved by:
County A ey Jose . Baird , County Administrator
-Page 7 -
"UTILIllE5'VIIIRY . ENGINEERING PROJECT$ . UTILI IV CONSTRUCTION PERNIFFTIISCAN,' l KES SUBDIVISION IPINE WOOD E37ATI151 A - RLVISIIDOFVF.WPIiRSAGHF.FpIFNTILIgD$.IIOC
IN WITNESS WHEREOF , the COUNTY and the DEVELOPER have accepted , made , and executed this
Agreement as follows : ( '
DEVELOPER: Vv/�
Witness Signature By ;
Printed name Gvl b 11 r�a tt� �✓ 1 Awe � (�'-;i
Wess Printed Name
^, Title : Managing Mamber
i
�_- .='� Date : 101 Z. t1 f V _5
' itness Signature ��
Witness Printed Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foreping instrument was acknowledged before me this r� day of .. . , 2005 , by 'i li iR yr
dGtd /er Mana ing Member of WOODSIDE TUSCANY, LLC who is personally known to me or
who has producedas identification .
r
otary Public
Name : v Sande L V*VA
Commission # • My C&wnbWW W325619
Expiration Date Va w; ExpWas Jww 03, 20M
BOARD OF COUNTY COMMISSIONERS
Attest : _ INDIAN RIVER COUNTY, FLORIDA
J. K. Barton, Clerk of the Circuit Court
Deputy Clerk C i an
BCC Approved : 01 - 03 - 06
Approved as to Form and Legal Sufficiency Approved by:
r � �
County Attorney Jose A . Baird, County Administrator
-Page 7 -
F:`.UTILITIES'.UTILITY - ENGINEERING' PROJECTS - UTILITY CONSTRUCTION PERMITS TUSCANY LAKES SUBDIVISION PINE WOOD ESTATES) A - REVISED DEVELOPER'S AGREEMENT I2-
19-05 . DOC
LEGAL DESCRIPTION
LEGAL DESCRIPTION
I
i ,
A PARCEL OF LAND IN TRACT 1 AND 2 , SECTION 5 , TOWNSHIP 32 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 AND THIS TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : i
I .
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 5 ; THENCE NORTH 89050 ' 30 " WEST,
ALONG THE NORTH LINE OF SAID SECTION 5 , A DISTANCE OF 2654 . 37 FEET TO A POINT ON
THE
SOUTH RIGHT- OF- WAY LINE OF HOBART ROAD AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED TRACT OF LAND ; THENCE SOUTH 89050 ' 30 " EAST ALONG THE SOUTH RIGHT- OF - WAY
LINE OF SAID HOBART ROAD , A DISTANCE OF 1674 . 10 FEET TO A POINT AT THE NORTHWEST
CORNER OF LOT 12 , BLOCK 1 , OF THE TENTATIVE UNRECORDED PLAT OF INDIAN RIVER
HIGHLANDS SECTION ONE , RECORDED IN OFFICIAL RECORD BOOK 220 , PAGES 819 THROUGH 822 ,
OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA ; THENCE SOUTH 00' 25 ' 50 " WEST
ALONG THE WEST LINE OF SAID LOT 12 , BLOCK 1 , A DISTANCE OF 129 . 68 FEET TO A POINT
IN
THE CENTERLINE OF 76TH LANE ; THENCE SOUTH 89 ° 52 ' 44 " EAST, ALONG THE CENTERLINE OF
SAID 76TH LANE , A DISTANCE OF 5 . 25 FEET TO A POINT; THENCE SOUTH 00° 28 ' 08 " WEST, ALONG
THE EAST LINE OF BLOCK 5 OF SAID TENTATIVE UNRECORDED PLAT OF INDIAN RIVER HIGHLANDS
SECTION ONE AND THE WEST RIGHT- OF- WAY LINE OF 59TH COURT, A DISTANCE OF 768 . 05 FEET
TO A POINT ONE THE SOUTH RIGHT- OF- WAY LINE OF 75TH PLACE ; THENCE SOUTH 89 ' 33 ' 30 "
EAST , ALONG THE SOUTH RIGHT- OF- WAY LINE OF SAID 75TH PLACE , A DISTANCE OF 310 . 08
FEET TO A POINT OF INTESECTION OF THE WEST RIGHT- OF- WAY LINE OF 59TH AVENUE AND THE
SOUTH RIGHT- OF - WAY LINE OF SAID 75TH PLACE ACCORDING TO THE PLAT OF INDIAN RIVER
HIGHLANDS UNITN 2 , AS RECORDED IN PLAT BOOK 7 , PAGE 10 , OF THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY , FLORIDA ; THENCE SOUTH 00' 27 ' 28 " WEST , ALONG THE WEST
RIGHT- OF - WAY LINE OF SAID 59TH AVENUE , A DISTANCE OF 275 . 18 FEET TO A POINT OF
INTERSECTION OF THE WEST RIGHT- OF - WAY LINE OF SAID 59TH AVENUE AND THE SOUTH
RIGHT- OF- WAY LINE OF SAID 75TH PLACE ; THENCE SOUTH 89° 33 ' 30 " EAST, ALONG THE SOUTH
RIGHT- OF- WAY LINE OF SAID 75TH PLACE , A DISTANCE OF 534 . 75 FEET TO A POINT OF
INTERSECTION OF THE SOUTH RIGHT - OF- WAY LINE OF SAID 75TH PLACE AND THE WEST
RIGHT- OF- WAY LINE OF 58TH AVENUE ( KINGS HIGHWAY) ; THENCE SOUTH 00° 28 ' 24 " WEST , ALONG
THE WEST LINE OF SAID KINGS HIGHWAY, A DISTANCE OF 431 . 66 FEET TO A POINT; THENCE
NORTH 89 ° 43 ' 47 " WEST, A DISTANCE OF 598 . 81 FEET TO A POINT ; THENCE NORTH 00° 28 ' 52 "
EAST , A DISTANCE OF 336 . 52 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 1 ;
THENCE
NORTH 89045 ' 08 " WEST, ALONG HE SOUTH LINE OF SAID TRACTS 1 AND 2 , A DISTANCE OF
2016 . 31 FEET TO A POINT; THENCE NORTH 00' 30 ' 16 " EAST , A DISTANCE OF 1267 . 92 FEET TO A
POINT OF BEGINNING AND CONTAINING 60 . 001 ACRES OF LAND MORE OR LESS .
J
EXHIBIT ' A ' LSCHULKE , BITTLE & STODDARD , L . L . C .
CML & STRUCTURAL ENGINEERING • LAND PLANNING • EIMRONMENTAL PERMITTING
i Qri TUSCANY LAKES 2 CERTIRCATION OF AUTHORIZATION NO.: 00008668
1717 INDIAN RIVER BLVD. , SUITE 301 VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL sbseng@bellsouth . net
LEGAL DESCRIPTION
LEGAL DESCRIPTION
I
i ,
A PARCEL OF LAND IN TRACT 1 AND 2 , SECTION 5 , TOWNSHIP 32 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 AND THIS TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : i
I .
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 5 ; THENCE NORTH 89050 ' 30 " WEST,
ALONG THE NORTH LINE OF SAID SECTION 5 , A DISTANCE OF 2654 . 37 FEET TO A POINT ON
THE
SOUTH RIGHT- OF- WAY LINE OF HOBART ROAD AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED TRACT OF LAND ; THENCE SOUTH 89050 ' 30 " EAST ALONG THE SOUTH RIGHT- OF - WAY
LINE OF SAID HOBART ROAD , A DISTANCE OF 1674 . 10 FEET TO A POINT AT THE NORTHWEST
CORNER OF LOT 12 , BLOCK 1 , OF THE TENTATIVE UNRECORDED PLAT OF INDIAN RIVER
HIGHLANDS SECTION ONE , RECORDED IN OFFICIAL RECORD BOOK 220 , PAGES 819 THROUGH 822 ,
OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA ; THENCE SOUTH 00' 25 ' 50 " WEST
ALONG THE WEST LINE OF SAID LOT 12 , BLOCK 1 , A DISTANCE OF 129 . 68 FEET TO A POINT
IN
THE CENTERLINE OF 76TH LANE ; THENCE SOUTH 89 ° 52 ' 44 " EAST, ALONG THE CENTERLINE OF
SAID 76TH LANE , A DISTANCE OF 5 . 25 FEET TO A POINT; THENCE SOUTH 00° 28 ' 08 " WEST, ALONG
THE EAST LINE OF BLOCK 5 OF SAID TENTATIVE UNRECORDED PLAT OF INDIAN RIVER HIGHLANDS
SECTION ONE AND THE WEST RIGHT- OF- WAY LINE OF 59TH COURT, A DISTANCE OF 768 . 05 FEET
TO A POINT ONE THE SOUTH RIGHT- OF- WAY LINE OF 75TH PLACE ; THENCE SOUTH 89 ' 33 ' 30 "
EAST , ALONG THE SOUTH RIGHT- OF- WAY LINE OF SAID 75TH PLACE , A DISTANCE OF 310 . 08
FEET TO A POINT OF INTESECTION OF THE WEST RIGHT- OF- WAY LINE OF 59TH AVENUE AND THE
SOUTH RIGHT- OF - WAY LINE OF SAID 75TH PLACE ACCORDING TO THE PLAT OF INDIAN RIVER
HIGHLANDS UNITN 2 , AS RECORDED IN PLAT BOOK 7 , PAGE 10 , OF THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY , FLORIDA ; THENCE SOUTH 00' 27 ' 28 " WEST , ALONG THE WEST
RIGHT- OF - WAY LINE OF SAID 59TH AVENUE , A DISTANCE OF 275 . 18 FEET TO A POINT OF
INTERSECTION OF THE WEST RIGHT- OF - WAY LINE OF SAID 59TH AVENUE AND THE SOUTH
RIGHT- OF- WAY LINE OF SAID 75TH PLACE ; THENCE SOUTH 89° 33 ' 30 " EAST, ALONG THE SOUTH
RIGHT- OF- WAY LINE OF SAID 75TH PLACE , A DISTANCE OF 534 . 75 FEET TO A POINT OF
INTERSECTION OF THE SOUTH RIGHT - OF- WAY LINE OF SAID 75TH PLACE AND THE WEST
RIGHT- OF- WAY LINE OF 58TH AVENUE ( KINGS HIGHWAY) ; THENCE SOUTH 00° 28 ' 24 " WEST , ALONG
THE WEST LINE OF SAID KINGS HIGHWAY, A DISTANCE OF 431 . 66 FEET TO A POINT; THENCE
NORTH 89 ° 43 ' 47 " WEST, A DISTANCE OF 598 . 81 FEET TO A POINT ; THENCE NORTH 00° 28 ' 52 "
EAST , A DISTANCE OF 336 . 52 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 1 ;
THENCE
NORTH 89045 ' 08 " WEST, ALONG HE SOUTH LINE OF SAID TRACTS 1 AND 2 , A DISTANCE OF
2016 . 31 FEET TO A POINT; THENCE NORTH 00' 30 ' 16 " EAST , A DISTANCE OF 1267 . 92 FEET TO A
POINT OF BEGINNING AND CONTAINING 60 . 001 ACRES OF LAND MORE OR LESS .
J
EXHIBIT ' A ' LSCHULKE , BITTLE & STODDARD , L . L . C .
CML & STRUCTURAL ENGINEERING • LAND PLANNING • EIMRONMENTAL PERMITTING
i Qri TUSCANY LAKES 2 CERTIRCATION OF AUTHORIZATION NO.: 00008668
1717 INDIAN RIVER BLVD. , SUITE 301 VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL sbseng@bellsouth . net
- -- -- -- - - - -- -TREE - - - - -- - --R5K -- ----- -- - -- -- - - - - -- -- - -- - ----- --
--- -- ---- -- ---- - - - - - - - - - - -- -�
77TH STREET HOBART ROAD}
( 100 ' WIDE RI HT- OF- WAY)
— — - - -- - -- - -- - - -( POSTED 45 MPH) — — — — — — — — — — — -- - - —
— - - — — — — — -- - - — — — — — — — — - -
IRFWCD G - 6 CANAL
_ 75 ' WIDE RIGHT- OF- WAY_ ) �`� _ _
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EXHIBIT ' A ' SCHULKE , BITTLE & STODDARD , L . L . C .
TUSCANY LAKES CIVIL & STRUCTURAL ENGINEERING LAND PLANNING EANIRONMEwAL PERMITTING
2 OF Z CERTIFICATION OF AUTHORIZATION NO. : 00008668
1717 INDIAN RIVER BLVD. , SUITE 301 VERO BEACH , FLORIDA32960
TEL 772 / 770-9622 FAX 772 1770-9496 EMAIL sbseng@bellsouth. net
- -- -- -- - - - -- -TREE - - - - -- - --R5K -- ----- -- - -- -- - - - - -- -- - -- - ----- --
--- -- ---- -- ---- - - - - - - - - - - -- -�
77TH STREET HOBART ROAD}
( 100 ' WIDE RI HT- OF- WAY)
— — - - -- - -- - -- - - -( POSTED 45 MPH) — — — — — — — — — — — -- - - —
— - - — — — — — -- - - — — — — — — — — - -
IRFWCD G - 6 CANAL
_ 75 ' WIDE RIGHT- OF- WAY_ ) �`� _ _
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EXHIBIT ' A ' SCHULKE , BITTLE & STODDARD , L . L . C .
TUSCANY LAKES CIVIL & STRUCTURAL ENGINEERING LAND PLANNING EANIRONMEwAL PERMITTING
2 OF Z CERTIFICATION OF AUTHORIZATION NO. : 00008668
1717 INDIAN RIVER BLVD. , SUITE 301 VERO BEACH , FLORIDA32960
TEL 772 / 770-9622 FAX 772 1770-9496 EMAIL sbseng@bellsouth. net
EXHIBIT " B "
ESTIMATED COST OF IMPROVEMENTS
MASTER PLANNED WATER AND FORCE MAINS
IN 77TH STREET
9/8/2005
1;
ITEM DESCRIPTION QUANTITY UNIT OF UNIT PRICE TOTAL PRICE
MEASURE
J SEWER
1 16 " PVC Force Main 2764 LF $ 75 . 00 $ 207 , 300 . 00
2 16 " PE Directional Bore 120 LF $ 300 . 00 $ 36 , 000 . 00
3 16 " MJ Gate Valve & Box 3 EA $ 6 , 500 . 00 $ 19 , 500 . 00
4 16 " MJ Fittings 1 LS $ 9 , 000 . 00 $ 9 , 000 . 00
6 Restoration 2884 LF $ 3 . 50 $ 10 , 094 . 00
7 Testing 1 LS $ 3 , 000 . 00 $ 3 , 000 . 00
8 Mobilization 1 LS $ 5 , 000 . 00 $ 5 , 000 . 00
10 jAir Release Valve 1 EA $ 41000 . 00 $4 , 000 . 00
SUBTOTAL $293 , 894 . 00
WATER
1 24 " Tapping Sleeve & Valve 1 EA $ 8 , 500 . 00 $ 87500 . 00
2 24 " PVC Water Main 2764 LF $ 110 . 00 $304 , 040 . 00
3 24 " Gate Valves 4 EA $ 16 , 000 . 00 $64 , 000 . 00
4 24 " Fittings 1 LS $ 151000 . 00 $ 15 , 000 . 00
5 Connect to exist 8 " water main 1 LS $ 2 , 000 . 00 $2 , 000 . 00
6 Testing1 LS $ 57000 . 00 $ 51000 . 00
7 Restoration 2764 LF $ 3 . 50 $ 9 , 674 . 00
8 Relocate Exist Fire Hydrant 1 LS $ 21500 . 00 $ 2 , 500 . 00
9 Restore Driveway 1 LS $ 1 , 000 . 00 $ 11000 . 00
10 Fire Hydrant Assembly 3 EA $ 21600 . 00 $ 7 , 800 . 00
SUBTOTAL $419 , 514 . 00
Total $ 7131408 . 00
Contingency@10 % $ 711340 . 80
Survey $ 5 , 000 . 00
Design $ 6 , 000 . 00
Permitting $ 3 , 000 . 00
Bidding & Award $ 1 , 000 . 00
Services during constuction $2 , 000 . 00
Administration $ 500 . 00
Total $ 802 , 248 . 80
Developer' s Share Water $ 24 , 682 . 50
Total Developer' S Share $24 , 682 . 50
County Share $ 777 , 566 . 30
f, r
EXHIBIT " B "
ESTIMATED COST OF IMPROVEMENTS
MASTER PLANNED WATER AND FORCE MAINS
IN 77TH STREET
9/8/2005
1;
ITEM DESCRIPTION QUANTITY UNIT OF UNIT PRICE TOTAL PRICE
MEASURE
J SEWER
1 16 " PVC Force Main 2764 LF $ 75 . 00 $ 207 , 300 . 00
2 16 " PE Directional Bore 120 LF $ 300 . 00 $ 36 , 000 . 00
3 16 " MJ Gate Valve & Box 3 EA $ 6 , 500 . 00 $ 19 , 500 . 00
4 16 " MJ Fittings 1 LS $ 9 , 000 . 00 $ 9 , 000 . 00
6 Restoration 2884 LF $ 3 . 50 $ 10 , 094 . 00
7 Testing 1 LS $ 3 , 000 . 00 $ 3 , 000 . 00
8 Mobilization 1 LS $ 5 , 000 . 00 $ 5 , 000 . 00
10 jAir Release Valve 1 EA $ 41000 . 00 $4 , 000 . 00
SUBTOTAL $293 , 894 . 00
WATER
1 24 " Tapping Sleeve & Valve 1 EA $ 8 , 500 . 00 $ 87500 . 00
2 24 " PVC Water Main 2764 LF $ 110 . 00 $304 , 040 . 00
3 24 " Gate Valves 4 EA $ 16 , 000 . 00 $64 , 000 . 00
4 24 " Fittings 1 LS $ 151000 . 00 $ 15 , 000 . 00
5 Connect to exist 8 " water main 1 LS $ 2 , 000 . 00 $2 , 000 . 00
6 Testing1 LS $ 57000 . 00 $ 51000 . 00
7 Restoration 2764 LF $ 3 . 50 $ 9 , 674 . 00
8 Relocate Exist Fire Hydrant 1 LS $ 21500 . 00 $ 2 , 500 . 00
9 Restore Driveway 1 LS $ 1 , 000 . 00 $ 11000 . 00
10 Fire Hydrant Assembly 3 EA $ 21600 . 00 $ 7 , 800 . 00
SUBTOTAL $419 , 514 . 00
Total $ 7131408 . 00
Contingency@10 % $ 711340 . 80
Survey $ 5 , 000 . 00
Design $ 6 , 000 . 00
Permitting $ 3 , 000 . 00
Bidding & Award $ 1 , 000 . 00
Services during constuction $2 , 000 . 00
Administration $ 500 . 00
Total $ 802 , 248 . 80
Developer' s Share Water $ 24 , 682 . 50
Total Developer' S Share $24 , 682 . 50
County Share $ 777 , 566 . 30
f, r
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EXHIBIT ' C ' TUSCANY LAKES CIVIL & STRUCTURAL ENGINEERING LAND PLANNING ENVIRONMENTAL PERMITTlNG
TION NO. : 00008668
1 OF 2 1717 INDIAN RIVER BLVD . oSUITE CERTIFICATION OF 0301AVERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAX 772 / 770-9496 EMA] Lsbseng@bellsouth . net
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SCHULKE , BITTLE & STODDARD , L . L . C .
EXHIBIT ' C ' TUSCANY LAKES CIVIL & STRUCTURAL ENGINEERING LAND PLANNING ENVIRONMENTAL PERMITTlNG
TION NO. : 00008668
1 OF 2 1717 INDIAN RIVER BLVD . oSUITE CERTIFICATION OF 0301AVERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAX 772 / 770-9496 EMA] Lsbseng@bellsouth . net
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SCHULKE , BITTLE & STODDARD , L . L . C .
EXHIBIT ' C ' TUSCANY LAKES CML k STRUCTilR4L ENGINEERING • LAND PLANNING ENl9RONMENTAL PERMITANG
NO . : 0000868
20F2 2 1717 INDIAN RIVERICATION BLVD SUITE 301OF AUTHORIATION VERO BEACH6FLORIDA 32960
TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL sbseng@i>ellsouth. net
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( 100( POW( POSTED45TMPH - WAY ) If
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SCHULKE , BITTLE & STODDARD , L . L . C .
EXHIBIT ' C ' TUSCANY LAKES CML k STRUCTilR4L ENGINEERING • LAND PLANNING ENl9RONMENTAL PERMITANG
NO . : 0000868
20F2 2 1717 INDIAN RIVERICATION BLVD SUITE 301OF AUTHORIATION VERO BEACH6FLORIDA 32960
TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL sbseng@i>ellsouth. net
IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this
Agreement as follows:
e�rA DEVELOPER: (4 t - C
Witness Signature By:
/*0Ge def J g' W S 5 Printed name
Zimessess Printed NameTitle : Managing Mamber
Date : lZZ U0S Signature
Witness Printed Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The for, egging instrument was acknowledged before me this OW day ofd. , 2005 , by + �+ 0.
HIOV 2v/2l' Managing Member of WOODSIDE TUSCANY, LLC who is personally known to me or
who has produced d L as identification.
Z't . k) Le 'Le'
otary Public
Name : A-WNw SW&S t WrV*
Commission # W CweftWon X28619
Expiration Date EXON X03' 2008
BOARD OF COUNTY COMMISSIONERS
Attest . ti ' • r INDIAN RIVER COUNTY, FLORIDA
ilk. Baiion,'Clerk omne 6' iiit Court
B w
'•Depu—qty lerK.0 C it an
BCC Approved : 01 - 03 - 06
Approved as to Form and Legal Sufficiency Approved by:
County A ey Jose . Baird , County Administrator
-Page 7 -
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