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Home My WebLink About2003-273 � C) dl o l This document prepared by and return to: 10/1 /03wcg(PWD)jwd Indian River County ORIGINAL Public Works Department 1840 25'x' Street Vero Beach, Fl. 32960 D( DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND ATLANTIC COAST CONSTRUCTION AND DEVELOPMENT, INC. FOR HIDDEN LAKE PLANNED DEVELOPMENT 58TH AVENUE RIGHT-OF-WAY ACQUISITION, DRAINAGE, AND TURN-LANE IMPROVEMENTS THIS AGREEMENT, entered this 14th day October , 2003 , by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 251H Street, Vero Beach, Florida, 32960 hereafter called COUNTY and Atlantic Coast Construction and Development , Inc . , 8730 US Highway 1 , Micco , Fl. 32976 Attn: Joseph Paladin, President, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER proposes to develop a residential community to be known as Hidden Lake Planned Development a, 20-acre parcel of land along 58tH V £hvet,41ndian River County Project Number 2002050008) which is legally described on Exhibit "A" attached hereto and incorporated herein by reference, and ; WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to right- of-way acquisition, roadway, and drainage improvements for 58th Avenue north of 45th Street, and ; WHEREAS, both the COUNTY and DEVELOPER can assist each other through a joint effort that will provide for right-of--way acquisition, drainage, and turn-lane construction along 58th Avenue . NOW, THEREFORE, in consideration ofthe mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows : 1 . The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2 . As depicted on Exhibit `B" attached, DEVELOPER agrees to perform the following : a) dedicate 25 ' of additional right-of-way along the Hidden Lake PD project frontage along 58th Avenue (approx. 715 L .F . ) to the COUNTY b) dedicate 20 ' of additional right of way along the Hidden Lake PD project frontage along 45th Street (approx. 38 L. F. ) to the COUNTY This document prepared by and return to : 10/ 1 /03wcg(PWD)jwd Indian River County Public Works Department 1840 25 h Street Vero Beach, Fl. 32960 c) Construct and dedicate to the COUNTY additional stormwater treatment/storage capacity in the Hidden Lake stormwater lake to accommodate four-lane widening of 58th Avenue from 45th Street to the Hidden Lake north property line . The additional capacity will raise the site ' s peak stage approximately one inch, therefore requiring approximately 2, 500 cubic yards of additional fill, construction of an inlet and 60 L . F . of drainage pipe at a cost of about $ 14,250 . 00 DEVELOPER shall obtain all permits and make these improvements at no cost to the COUNTY. This work shall be completed by December 2005 . d) Prior to issuance of a Certificate of Completion of the Land Development permit for Phase One of Hidden Lake PD, DEVELOPER shall pay to COUNTY the sum of $30, 000 . 00 representing DEVELOPER' S share of a northbound left-turn lane along 58th Avenue to serve the Hidden Lakes PD access road. 3 . The COUNTY agrees to perform the following : a) COUNTY shall design, permit and construct a northbound left-turn lane on 58th Avenue into Hidden Lake ' s entrance way. The turn lane shall be constructed when the 45th Street/58th Avenue Capital Improvement project is built which is estimated to be 2006/2007 . (This Capital Improvement project will also add left-turn lanes to 58th Avenue off 45th Street . In no event shall the COUNTY take more than five years from the date of this agreement to complete said turn lane . 4 . In the event of any litigation arising out of this Agreement, both parties shall bear their own attorney fees and costs. 5 . No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . 6 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns . 7 . This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any party hereto . 8 . This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall He in Indian River County, Florida. 9 . This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties . There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement . This document prepared by and return to: 10/1/03wcg(PWD)jwd Indian River County Public Works Department 1840 25`b Street Vero Beach, Fl. 32960 10 . Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others . 11 . COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement . 12 . Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. 13 . All words, terms, and conditions contained herein are to be read in concert , each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement . 14 . The words herein and hereof and words of similar import, without reference to any particular section or subdivision of this Agreement, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. 15 . In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement . 16 , INSURANCE AND INDEMNIFICATION During the performance of any construction of stormwater pipes in COUNTY right-of-way covered by this Agreement, the DEVELOPER shall provide the COUNTY with evidence that the DEVELOPER' s Contractor has obtained and maintains the insurance listed in the Agreement . A. DEVELOPER' s Contractor shall procure and maintain for the duration of all construction contracts, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the DEVELOPER, his agents, representatives, employees or sub-contractors. This document prepared by and return to: 10/1/03wcg(P")jwd Indian River County Public Works Department 1840 25d' Street Vero Beach, Fl. 32960 B . Minimum Scope of Insurance 1 . Worker's Compensation as required by the State of Florida. Employers Liability of $ 100, 000 each accident, $ 500, 000 disease policy limit, and $ 100,000 disease each employee . 2 . General Liability $ 1 ,000,000 combined single limit per accident for bodily injury and property damage . County shall be an additional insured. Auto Liability $ 1 ,000,000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles. County shall be an additional insured. 3 . Professional Liability Insurance providing coverage for intentional, reckless or negligent acts, errors, or omissions committed or alleged to have been committed by DEVELOPER' s Engineer with a limit of $ 500, 000 per claim/annual aggregate. There shall be no more than $5 , 000 deductible per claim amount unless approved by the County Risk Manager. This insurance shall extend coverage to loss of interest , earning, profit, use and business interruption, cost of replacement power, and other special, indirect and consequential damages. C . Any deductibles or self-insured retentions greater than $ 5 , 000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the DEVELOPER. D . DEVELOPER'S insurance coverage shall be primary. E . All above insurance policies shall be placed with insurers with a Best's rating ofno less that A + VII . The insurer chosen shall also be licensed to do business in Florida. F . The insurance policies procured shall be per occurrence policies or as generally available on the open insurance market . G. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Contract . H. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance. I . A written safety inspection plan must be submitted to the Indian River County Risk Management Department for approval prior to the signing of the contract . This document prepared by and return to: 10/ 1/03wcg(PWD)jwd Indian River County Public Works Department 1840 25` ' Street Vero Beach, Fl. 32960 J. DEVELOPER shall include in all sub-contracts for sub-contractors the above insurance requirement or show them as insured under its policies or shall furnish separate certificates and endorsements for each sub-contractor. All coverages for sub-contractors shall be subject to all of the requirements stated herein. K. Up to $ 1 million, DEVELOPER hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from intentional, reckless or negligent acts, errors or omissions of the DEVELOPER or DEVELOPERS ' REPRESENTATIVES in the performance of Services under this agreement and for which DEVELOPER is legally liable . IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. ATLANTIC COAST CONSTRUCTION BOARD OF COUNTY COMMISSIONERS AND DEVELO N C . INDI VER COUNTY FLORIDA BY : BY : J ala in, resident Kenneth R. Macht, hairman BCC Approved : 10 - 14 - 2003 WITNESS • By —Up _5� qtt James E . C dler, Count dministrator WITNESS (Corporate seal is table in lace of witnesses) Attest : APPROVED A5 TO FOR Jeffrey K. Barton AND L L S FI rate Y Clerk of Court mv� County Atromvl 4iAM K, DEBRAAL ASSISTANT COUNTY ATTORNEY Indian River County Approved Date Administration ` 191;71, Budget i O Co. Atty Risk Management Public Works r This document prepared by and return to: 10/1 /03wcg(PWD)jwd Indian River County Public Works Department 1840 25th Street Vero Beach, Fl. 32960 EXHIBIT " A " LEGAL DESCRIPTION A PORTION OF TRACT 16, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25 , OF THE PUBLIC RECORDS OF ST . LUCIE (NOW INDIAN RIVER) COUNTY, FLORIDA DESCRIBED AS FOLLOWS : TRACT 16, LESS THE WEST 10 . 00 ACRES AND LESS THE SOUTH 440 FEET OF THE EAST 960 FEET AND LESS THE EAST 289 FEET OF THE NORTH 165 FEET THEREOF. SUBJECT TO RIGHT-OF-WAY FOR 58TH AVENUE AND 45TH STREET L a m WEST 10. 00 ACRES - NOT INCLUDED N m .. N ar13' �-- MATS i1111111�� ist t 4665p' *. co�rsl (RnsO«sN) 14 _.- •d 5 OUq'15ell 1v JB0.01 : , � . �\ •..... kll rnnxc ax„ � I l -'a ) rm.:c Yemen Y+: I ! a,v • � VJ � Y2 p1111[HLOrFO .tlL6T'� y rf -2L4 O I £ O y . SSS 4. - :IDA SI. O10 liw 42 41 aux s). � l^l /r 6 20 en a � 'rg:zfe Q9 7 45 �(�' a13 L. Wa, Q O A I s3o r�iiv rrliu' I I ... ... Ir..p+o...� 21 Dlz :9 $g rL)}9 9$$9x m u Z H�-SJsss' I d6 arsine +wu36 o ••af D 22fr .m s ! r°r•<fu. N. Im..a �y s- s r N 1^N § 1f O35 M SY 'Ov O yY]W �. el t I 'fY. / fA JL I I I J SEL. Y' H u A I U Is I 47 .. . a l( IFr' 8 rf -]>s > A }�]JI !rl f I i eI ripi>4 w B r- o s = z v - 34 ,RAa ., eln u x.a ,r Z oya nn s b. 71V sf p4a W o^ 29 A9 SJ. \ v 1l,4>v it .>rWlj 15 II •fl.1' >�L 1/ z Dvn n M a21 Mimi xwl JdUO:Ni nip � ® avwna M n L.mwJu vi u ♦ut4Ma �P i; i 4'`'tk*Ti Pa 1 J wnr w �O Z 1 --Y :�� =J SO, V. Oh^ Girt VhRP 1L Y0UA � FMMQ ttN-t N 6 r ry .v1� � rl a �¢i u. 1 � m D2: DIIRI2LJAD v e � , : \� i:;•xf" 3 ._.� S 00.1] 15 )]0.51 / . — a._ . _ . . _. _ . _ -... .. ♦ _ _ A �vr y N tri5"C mat ' s a".. . w __. t r.._. __ .__. /� r 12 -58TH 58TH AVENUE { KINGS HI ;HWY) _ � Mar13'1SL 740 .9 - Q5A/t I . I smMOLaL a%.iaan — (J1 Oi '� M LB V9pJ 'q i MIPINOS ETIF¢ 55 .a y WN u2 L-i • 1 25 ' R/W DEDICATION aDaNyai LMO IR: OR: E]DS7. antra[ rl.Lely aJ.l:vsvr Vnas h50.nf.JK- EXHIBIT B HIDDEN LAKE - RESIDENTIAL PLANNED DEVELOPMENT SCHULKE , BITTLE & STODDARD , L . L . C . SCALE 1 :200 CONSULTING ENGINEERS AND PLANNERS INDIAN RIVER COUNTY, FL, 1140 7TH COURT, SUITE ' F', VERO BEACH, FL 32960 PHONE : (561) 770-9622 FAX: (561 ) 770-9496 E-MAIL: sbseng@gate.net