HomeMy WebLinkAbout2005-168 !, 1 � C) (5
DEVELOPER' S AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
ANTILLES VERO BEACH, LLC
FOR ANTILLES SUBDIVISION
THIS AGREEMENT , entered this 17thday of May , 2005 , by and between
INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 25 "
Street, Vero Beach, Florida, 32960 hereafter called COUNTY and ANTILLES VERO BEACH ,
LLC , 277 SE FIFTH AVENUE, DELRAY BEACH , FLORIDA 33483 , TELEPHONE NO .
( 561 )279- 8952 , hereafter referred to as the DEVELOPER.
WITNESSETH
WHEREAS , the DEVELOPER has applied to develop a residential development to be
known as ANTILLES on approximately 134 acres of land on the east side of US 1 , between Quay
Dock Road and 63 `d Street in Indian River County, Project Number SD- 04 -08 - 37 (2004020205 -
44528 ) , the legal description is attached as Exhibit "A" and incorporated herein by reference , and ;
WHEREAS , the COUNTY and DEVELOPER share mutual concerns with respect to
improvements at the intersection of CR 510 and US 1 , and ;
WHEREAS , the COUNTY is planning to make improvements to the intersection of CR 510
and US 1 , and ;
WHEREAS , both the COUNTY and DEVELOPER can mutually benefit each other through
a joint effort that will share the cost of the proposed CR 510/US 1 intersection improvements .
NOW, THEREFORE , in consideration of the 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 . In order to accommodate increased traffic generated by Antilles , COUNTY would be
required to make improvements to the intersection of CR 510/US 1 in the amount of
$ 1 ,400 , 000 , of which the DEVELOPER' S fair share of cost is 1 . 9% or $26 , 600 . 00 . The
DEVELOPER shall pay to the COUNTY the sum of $26 ,600 . 00 prior to issuance of a land
development permit as a contribution for construction of the intersection improvements at
CR 510/US 1 . The DEVELOPER ' S obligation with respect to the intersection CR 510/US 1
shall be deemed satisfied so long as the DEVELOPER is in compliance with this Agreement .
The DEVELOPER shall have no further obligation with respect to the CR 510/US 1
intersection, and neither the DEVELOPER nor any purchaser of, or within, Antilles be
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deemed to have failed concurrency as a result of the conditional operation of the CR 510/US
1 intersection, provided DEVELOPER is in compliance with this agreement.
3 . The COUNTY shall be responsible for all construction coordination including advertisement
for bids , contractor selection and construction inspection .
4 . In the event of any litigation arising out of this Agreement, each party shall bear its 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 parry 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 lie 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 .
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
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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.
A. 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.
IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to
be executed in their names, the day and year first above written .
ANTILLES VERO BEACH, LLC BOARD OF COUNTY COMMISSIONERS
a Florida limited liability company INDIAN RIVER COUNTY, FLORIDA
BY : IRONWOOD PROPERTIES , INC .
a Florida r , Managing Member /
BY :
ary /ckstein, President Thomas S . Lowther, Chairman
I / BCC Approved : May 17 , 2005
WITNESS :
Approved :
WITNESS :
(Corporate seal is a¢�eptable in plac o �vi nesses) B
*A. 3aird,
J eph Cq in dministrator
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Atte IN ' � +r
Je fr y.I , Bart'pYt. Cl r rof Court
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.County Attey '
(Approved as to form and legal sufficiency)
Indian River County Approved Date
Administration �
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Budget
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Co . Atty. ( S
Risk Management p
Public Works S
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EEXHIBIT
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Descriptions of Survey Site
DESCRIPTION AS PROVIDED BY CLIENT
PARCEL 1 .
All that part of the Southeast one — quarter of the Northeast one— quarter of section 10 , Township
32 South , Range
39 east , lying South of Quay Sock Road ( 50 ' Right — of— Way) ; all of the Northeast one —
quarter of the Southeast
one quarter of said Section 10 lying North of 63rd Street ( 50' right — of — way) ; the Northwest
one- quorter of
the Southeast one — quarter of said Section 10 lying East of U . S . Highway No . 1 ( 120 ' right — of—
way) less and
excepting the south 220 feet thereof .
AND
All that port of the Northwest one — quarter of the Southwest one — quorter of section 11 , Township
32 south , Range
39 East , lying North of 63rd Street ( 50 Right — of — Way) ; the West 10 acres of the Southwest
one — quarter of
the Northwest one — quarter of said Section 11 , lying South of Quay Dock Road ( 50 ' Right
— of — Way) ; and the
East one — half of the East one — half of the Southwest one — quarter of the Northwest one — quarter
of said section
1 1 , lying South of Quay Dock Road (50 ' right — of — way) .
All the above being more particularly described as follows :
Commencing at the Southeast corner of the Northwest one — quarter of the Southwest one — quarter of
Section
11 . Township 32 South , Range 39 East , run North 00' 44 ' 13 " East , along the East line
of said Northwest
one — quarter of Southwest one — quarter of Section 11 a distance of 25 . 00 feet to a point on the
North right
of way of 63rd Street ( 50 ' right — of — way) and the point of beginning ; from said point
of beginning run North
89 14 13 West , along said North right — of — way line, said line lying 25 feet Northerly
of, parallel with and
normal to the South line of the Northwest one — quarter of the Southwest one — quarter of said
Section 11 , a
distance of 1320 . 46 feet to a point on the West line of the Northwest one — quarter of
the Southwest
one — quarter of said Section 11 , thence run North 89013 ' 52 " West along the North right — of — way
line of the
aforementioned 63rd Street (50 ' right — of— way) , said line also being 25 feet Northerly of, parallel
with and normal
to the South line of the Northeast one — quarter of the Southeast one - quarter of Section 10 , Township
32 South ,
Range 39 East , a distance of 1319 . 49 feet ; thence departing said North right — of — way line run
North 0' 20 "
a East along the West line of the Northeast one — quarter of the Southeast one — quorter of said
Section 10 a
to
distance of 195. 00 feet ; thence run North 89' 50'40 ' West a distance of 235 . 02 feet to the
Easterly right — of — way
of U . S . Highway No. 1 ( 120 ' right — of - woy) , said Point being on a curve concave to the
East having a radius
V of 17 , 128 . 75 feet , and a central angle of 00' 29 06 thence run Northwesterly along the
arc of said curve
N and the Easterly right — of— way line of U . S . highway No . 1 , a distance of 144. 99 feet ;
thence run North 13' 03 ' 36 "
o West along said Easterly right — of— way, a distance of 920 - 09 feet to the becLinning of a
curve concave to the
Southeast having a radius of 25 . 00 feet and a central angle of 104015 ' 29 thence run Northeasterly
along
the arc of said curve and said Easterly right� of — way line , a distance of 45 . 49 feet; thence
run North 00'30 ' 49
East along said Easterly right — of — way fine , a distance of 40 . 00 feet to o point an the
North line of the
Northwest one -- quarter of the Southeast one — quarter of said Section 10 ; thence run South 88048 ' 07 "
East
along said North line a distance of 454. 14 feet to the Southwest corner of the Southeast one—quarter
of the Northeast one—quarter
of said Section 10 ; thence run North 00' 14 ' 26 " East along the West line of the Southeast
one — quarter of
6 the Northeast one - quarter of said Section 10, a distance of 1329 . 65 feet to a point on
the Southerly right — of — woy
v line of Quay Dock Road (50 ' Right — of — Way) ; thence run South 68'59 ' 3$ " East along said Southerly
right — of — way
line , a distance of 1409 . 73 feet to the intersection with the East line of Section 10 ;
thence continue South
68' 59 ' 36 " East along said Southerly right — of — way line o distance of 343 . 35 feet to the East
line of the West
10 acres of the Southwest one — quarter of the Northwest one— quarter of aforementioned Section 11 ; thence
deporting
the Southerly right — of— way of Quay Dock Road run South 00' 07 ' 29 " West , atong said East
line , a distance
C4 of 718. 83 feet to the North line of the Northwest one — quarter of the Southwest one— quarter
of said section
a 11 ; thence run south 89' 21 ' 01 East along said North line , a distance of 690. $0 feet
to the Southwest corner
Of the East one � hcif of the East one — half of the Southwest one — quarterof the Northwest one
— quarter of
> said section 11 ; thence run North 00' 44 ' 30 " East along the West line of said East one —
half of the Southwest
one — quarter of the Northwest one — quarter, a distance of 459 . 78 feet to the Southerly right — of
— way of the
aforementioned quoy Dock Road ; thence run south 68' 59 ' 38 " East along said Southerly right — of —
way line ,
a distance of 342 . 82 feet to the intersection with the East line of the Southwest one — quarter
of the Northwest
N one— quorter of said Section 11 , thence departing the Southerly right — of- woy line of Quay Dock Road
run South
0 0 00644 ' 30 " West along sold East line , a distance of 340 . 53 feet to th Northeast corner
of the Northwest
one — quarter of the Southwest one — quarter of Section 11 ; thence run South 00644 ' 13 " West along the
aforementioned South line of the Northwest one— quarter of the Southwest one — quarter of section 11 ,
a distance
of 1300 . 45 feet to the point of beginning .
PARCEL 2 :
L
The East 1 /2 of the South 1 /2 of the Southwest 1 /4 of the Northeast 1 /4 of section 10 , Township
32 South , Range 39 East , lying and being in Indian River County, Florida , less and except thatportion
oo of the above described property lying West of U . S . Highway No . 1 and less and except that
portion
oof the above described property lying within the right of way of U . S . Highway No . 1 .
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