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Home My WebLink About2007-019 (site plan/Thoroughfare Plan Roadways) F (sidewalk) AGREEMENT FOR THE TRANSFER OF RESPONSIBILITY FOR REQUIRED IMPROVEMENTS THIS AGREEMENT, made and entered into this 22— day of ,TAnuri ry , 2007 by and between Vatland Imports , Inc . , a Florida corporation , hereinafter referred to as " Developer ' , and INDIAN RIVER COUNTY, a political subdivision of the State of Florida , hereinafter referred to as "County" . WITNESSETH : 1 . Developer received site plan approval on February 7 , 2005 for the project identified as : Project Title : Vatland Honda Project Number: SP-MI-05- 12-64 Project CD+ Number: 2005090435-50592 Project Site Address : 700 U . S . Highway 1 , Vero Beach , FL 32971 2 . As a condition of site plan approval , Developer is required to construct sidewalks along the project's U . S. 1 and 6`h Avenue frontages . 3 . In accordance with Section 914. 15 (6)( b) 1 . b . ii of the Land Development Regulations , Developer wishes to effectively satisfy and be released from its obligation to construct the required sidewalk segments by providing a cash payment of funds equal to one hundred percent ( 100% ) of the estimated cost to construct the required sidewalk segments . 4 . It is agreed between the parties that in consideration of the sum payment of $20 , 910 . 00 , Developer transfers its responsibility to County, and County releases Developer from all obligations to construct sidewalks along the project's U . S . 1 and 6`h Avenue frontages , and County assumes the obligation of providing the referenced sidewalk improvements at some future date . 5 . Developer shall be responsible for clearing and grading the intended location of the required sidewalk improvements at the time clearing and grading for the development project is performed . The value of such clearing and grading is reflected in the cash payment amount provided by the Developer. The cleared path shall be approved by the Public Works Department and shall be selected so as to maximize tree preservation while maintaining compliance with the sidewalk design specifications listed in Section 914 . 15 (6) (a) of the Land Development Regulations . 6 . Developer may apply in writing to the Public Works Director for a refund of monies paid should County not begin the construction of said required sidewalk improvements by 01 - 22 - 201 1 (six years from the date of cash payment) . If the Developer elects to request such a refund , the County shall repay those monies allocated toward the improvement , and Developer's obligations under paragraph 2 hereto shall be deemed satisfied . Any requests for refunds not made by 1 F:\Attorney\Nancy\DOCS\PLAN\sidetran vatland honda .doc 1 01 - 22 - 2014 (seven years from the date of cash payment) shall be deemed a waiver of all rights to such refund . IN WITNESS WHEREOF, the parties hereunto set their hands and seals this 22 day of January , 2007 . VATLA R IN By Robert J . Vatland, Presi ent "DEVELOPER" INDIAN RIVER COUNTY , FLORIDA APPROVED As TO FORM ANW DiiOALiYfNGENCV By l�v �� 4anjes W . Davis , P . E . ey < '"�r blic Works Director COWMGo COLUNS 11 ( Per Resolution 93- 172A) MATTOMW "COUNTY" 2 F:\Attorney\Nancy\DOCS\PLAN\sidetran vatland honda .doc RECEIVED JAN 17 2W7. COUNTY ATTORNEY'S INDIAN RIVER COUNTY, FLORIDA OFFICE MEMORANDUM TO : William G. Collins, II, County Attorney FROM: Christopher J. Kafer, Jr., P.E., County Engin r SUBJECT : Vatland Honda REFERENCE : SP-MI-05-12-64/ Building Permit No.2005092164 DATE : January 16, 2007 Attached is a certified cost estimate for the above subject project' s cost to install sidewalk on both US 1 and 6s' Avenue. The cost shown ($20, 910. 00) is considered acceptable and I recommend that the developer contribute this cost for the future sidewalk improvements. If you have any questions, please contact me at extension 1221 . cjk/wbe attachment cc: James W. Davis, P .E. , Public Works Director Jason E. Brown, Budget Manager william B . Eubank, Jr. , Senior Engineering Inspector ohn H . Dean, Architect, Fax 772-569-3939 File FAEngineering\Site Plan Docs\Vadand Honda Memo Sidewalk Costs-1 -9-07 wbe-gk.doc john h . dean architect & associates , p . a . , a . i . a . Date : December 18 , 2006 To : Chris Kafer Indian River County Engineering CC : Bob Vatland , owner Joe Garone , General Contractor John McCoy, Indian River County Planning Department Re : Vatland Honda, Architect's Project # 05-009 Building Permit # 2005092164 SP # SP- MI-05- 12-64 This letter is to certify the cost of sidewalks to be given to Indian River County in lieu of constructing them along the Vatland Honda US 1 and the 6 " Avenue Road frontage . A. US 1 future sidewalk length not including existing driveways a. 436 lineal feet @ 5 feet wide @ $5 . 10sf = $ 119118. 00 B. 6`" Avenue future sidewalk length not including existing driveway a. 384 lineal feet @ 5 feet wide @ $5 . 10sf = $95792 . 00 Total cost of both frontages $ 11 , 118 . 00 plus $9, 792. 00 = $209910 . 00 Please prepare county paperwork for owner to sign. { JAN 0 4 2007 It+tt7tLe'v r> , Sincerely, tv 4tr � Architect LP� �0� MGt q jhd/cd "Unless the Lord build the house they labor in vain that build it. " P. S. 727 2223 10' Ave. Vero Beach , FL 32960 (772) 567-4907 Fax : (772) 569-3939 ideanarchOmearthlink net ' ' 1 coPnbm = ADP, mo. CHECK VATLAND HONDA CONTROL NO . 21702 ISSUED BY : VIRGINIA BYRD VERO BEACH, FLORIDA 32962 PAGE 1 INVOICE 2NV0€CE PURCFF45E GUMMENT�V.t:N • RM043NT OfSCOUNTj NET STUCK N0. DATE ORDER N0 . ACCOUNT NO. AMflf1NT 012207 SITE PLAN SIIML051264 BLDG PERMIT 20 ,910 . 00 NO . 2005092 64 PREPAID FUTURE SIDEWALK HOIDA LOCATION 21702 1 * 2020 - 20 , 910 . 00 1 * 2750 20 , 910 . 00 TOTAL 2020 20 , 910 . 00 DETACH AT PERFORATION BEFORE DEPOSITING CHECK REMITTANCE ADVICE VATLAND HONDA 021702 700 U.S. Hwy 1P.O. Box 850997 WACHOVIA y VERO BEACH, FL 32962 VERO BEACH , FL 32965-0997 VERO BEACH , . FLORIDA 21702 € 63-643/670 - Telephone: n721 299-97e7 :ELATE PAY TH#$ AMOUN'[ : AMOUNT OP CHECK - 3 DOLLARS CENTS 22JAN07 * * * * * * 20 , 910 00 * * * * * 20 , 910 . 00 Y 4 THIS CHECK/ CONTAINS SECURITY FEATURES 90 DAYS 8 TO ORDER INDIAN RIVER COUNTY � OF AUTHORIZED SIGNATURE • 02170211' 1C ❑ 6700643210 215850782958211'