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Home My WebLink About2007-007 DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND CRF—PANTHER IX, LLC 07 THIS AGREEMENT, entered this 9th day of January 20(ffl, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 25'h Street, Vero Beach, Florida, 32960, hereafter called COUNTY, and CRF-PANTHER IX, LLC, 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 , hereafter referred to as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has applied to develop a commercial development to be known as Century Town Center, consisting of 99, 819 square feet of retail (the " Project") to be built on the south side of State Road 60, west of 58th Avenue in Indian River County, Project Number 06- 07-31 ,12004060358, 6- 07-31 /2004060358, 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 State Road 60 and 58rh Avenue, 16`h Street and 58`h Avenue and ; WHEREAS, the COUNTY is planning to construct roadway improvements at the intersection of State Road 60 and 58th Avenue, 16th Street and 58'1 Avenue and ; WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed State Road 60 and 58°i Avenue, 16th Street and 58th Avenue 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 . Off-Site Intersection and Roadway Improvements : A. To accommodate increased traffic generated by the Project, the COUNTY would be required to make improvements to the intersection of State Road 60 and 58th Avenue in the amount of $ 13 .500.000 of which the DEVELOPER' S fair share of cost is 7.4% or $999,000 .00 . The DEVELOPER shall pay to the COUNTY the sum of $999,000 .00 prior to issuance of a land development permit, as a contribution toward construction of the intersection improvements at State Road 60 and 58'h Avenue. 1 B . To accommodate increased traffic generated by the Project, the COUNTY would be required to make improvements to the intersection of 16'h Street and 58th Avenue in the amount of $ 1 , 114,063 . 00, of which the DEVELOPER' S fair share of cost is 3 . 8% or $42, 33439. The DEVELOPER shall pay to the COUNTY the sum of $42,33439 prior to issuance of a land development permit, as a contribution toward construction of the intersection improvements at 16`h Street and 58`h Avenue. The opinion of probable construction cost has been approved by the COUNTY. C. To accommodate increased traffic generated by the Project, the DEVELOPER would be required to make the following improvements, of which the DEVELOPER' S cost is 100%. In the event any third party needs capacity generated from the following improvements prior to the construction of such improvements by the DEVELOPER, such third party shall be required to pay its pro rata share of such improvement. Notwithstanding the above, the following improvements shall be constructed prior to the issuance of a Certificate of Occupancy for the Project: ( 1 ) Eastbound dual left turn lanes at the College Lane and 581h Avenue intersection and all associated traffic signal modifications; (2) Westbound right turn lane from College Lane into the Project; and (3) Eastbound right turn lane from State Road 60 into the Project. D. By executing this Agreement, given that the DEVELOPER has already paid the transportation impact fees for the Project, and subject only to the payment of the fair share contributions set forth in subparagraphs A-C above, the DEVELOPER shall be deemed to have satisfied all necessary concurrency requirements for the development of the Project by satisfying the obligations set forth in subparagraphs A-C above . 3 . The COUNTY shall be responsible for the construction of the State Road 60 and 58` ' Avenue, 16`h Street and 581h Avenue intersection improvements including advertisement for bids, contractor selection and construction inspection. In the event that the COUNTY does not construct any of the improvements set forth in paragraphs 2 . A — B and addressed in this paragraph, the COUNTY shall reimburse the amount paid by the DEVELOPER for such improvement in accordance with the applicable subparagraphs of paragraph 2 above on or before the earlier of thirty (30) days after the COUNTY has officially determined not to construct such improvement or, in the event that the 2 COUNTY has not commenced with the construction of any individual intersection improvement project, fiX(Kyears after the Effective Date of this Agreement. 5,IX 4. The DEVELOPER has paid all water impact fees, wastewater impact fees, and transportation impact fees for 102,900 square feet of the Project. As such, the COUNTY has issued a concurrency certificate, as reflected in the attached Exhibit `B ." The DEVELOPER may utilize the concurrency for the additional 3 , 801 square feet of development within the Project or for an outparcel of the Project at a later date in accordance with the COUNTY ' s land development regulations. 5 . In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs. 6 . 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 . 7 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 8 . 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 . 9. 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. 10. 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. 11 . 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. 12 . 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. 13 . 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. 14 . 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. 15 . 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. 16. 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. 4 IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. CRF-PANTHER IX, LLC BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: ANCHOR INVESTMENT CORPORATION BY: C OF FLA., a Florida corporation, its Manager, Gar . Wheeler, Chairman B : Braxton Bone, or' a t— BCC Approved: 01 - 09 - 2007 WITNE V/ Approved : WITNESS : {^ (Corporate seal is acceptable in place of witnesses) By \ ,} Ck., Jo ph A. airdCounty Adrninisfhgo. Vpountv Attest : f �'oif Jeffrey K. Barton, Ierk of - ourt .. pt Attorney ' (Approved as to form and legal sufficiency) Indian River County Approved Date Administration Budget 0 County Afforne Risk Management Public Works -- Traffic Engineering i1 X6 12 5 EXHIBIT A WEST 20 ACRES OF TRACT 9, SECTION 5 , TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960.3365 Telephone: V72) 567-8000 z4 �ZORI04' April 127/ 2006 CRF/ CRF PANTHER IX LLC 500 SOUTH FLORIDA AVE #700 LAKELAND, FL 33$01 RE: 5 YEAR INITIAL CERTIFICATE OF CONCURRENCY DETERMINATION FOR PRE-APPICCI5/SPMJ PROJECT NUMBER: 2004060358 Dear CRF/ CRF PANTHER IX LLC: Please find enclosed a five year Initial Certificate of Concurrency Determination valid for up to five years from the date of certificate issuance. Within this period you may obtain your building permit. Sincerely, A � Sasan Rohani , AICP Chief, Long Range Planning cc: File Dave Cox Enclosure: Certificate certcci5. letter CERTIFICATE OF CONCURRENCY DETERMINATION - INITIAL — 5 PROJECT NUMBER: 2004060358 EXPIRATION DATE: 4/27/2011 ISSUED TO: CRF/ CRF PANTHER IX LLC 500 SOUTH FLORIDA AVE #700 LAKELAND, FL 33801 - APPLICANT: CRF/ CRF PANTHER IX LLC 500 SOUTH FLORIDA AVE 4700 LAKELAND, FL 33801 FOLIO NUMBER: 33-39-05-00001 -0090-00003.0 SUBJECT PROPERTY ADDRESS: 5945 20TH This is to certify that adequate Transportation, Solid Waste, Drainage, Parks, Water and Sewer facilities have been determined to be available pursuant to the Indian River County Concurrency Management System and capacities are hereby allocated for the following use(s). USE DESCRIPTION UNITS QUANTITY 840 COMM 100,001 -200,000 GSF GSF 102900 This certificate of adequate facilities "runs with the land" as described herein. This certificate is therefore transferable with the property, but may not be ed to any other property. ommunity Develop a it for cert.ccdi5