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Home My WebLink About2006-080 DEVELOPERS AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND LACERTE HOMES, INC. FOR WINTER BEACH VILLAGE PLANNED DEVELOPMENT THIS AGREEMENT, entered this 14t�f -Lar.2b06, 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 LACERTE HOMES , INC., 9551 HIGHWAY 78 WEST, OKEECHOBEE, FL, 34974, telephone number (863 ) 467- 6759, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has applied to develop a residential planned development to be known as WINTER BEACH VILLAGE on approximately 46 acres of land on the south side of 69th Street, east of US- 1 in Indian River County, Project Number PD-04-08- 13 (2003110064-47343), 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 U. S . 1 , and; WHEREAS, the COUNTY is planning to make improvements to the intersection of CR 510 and U . S . 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 / U. S . 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. To accommodate increased traffic generated by Winter Beach Village, the COUNTY would be required to make improvements to the intersection of CR 510 and U. S . 1 in the amount of $5,000,000.00, of which the DEVELOPER' S fair share of cost is 1 .6838% or $ 84, 190.00. The DEVELOPER shall pay to the COUNTY the sum of $ 84, 190. 00 prior to issuance of a land development permit as a contribution toward construction of the intersection improvements at CR 510 and U. S . 1 . No impact fee credits will be allowed as a result of the DEVELOPER contribution. _ The DEVELOPER' S obligation with respect to the intersection of CR 510 and -U. S . 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 / U. S . 1 intersection, and neither the DEVELOPER nor any purchaser of, or within, Winter Beach Village be deemed to have failed concurrency as a result of the conditional operation of the CR 510 / U. S . 1 intersection, provided DEVELOPER is in compliance with this agreement. 3 . DEVELOPER understands and acknowledges that it is building in an area of the County that is growing rapidly and sufficient traffic capacity may not be available for its project even though it is entering into this agreement to make certain roadway improvements. DEVELOPER agrees that it is not entitled to any vesting of traffic concurrency rights for the Winter Beach Village project by entering into this agreement. DEVELOPER is fully aware of the changes the COUNTY is making to its concurrency ordinance and recognizes the risks of proceeding with this project. 4. The COUNTY shall be responsible for all construction coordination including advertisement for bids, contractor selection and construction inspection. 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 on 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 conditions 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 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 of 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. LACERTE HOMES, INC. BOARD OF COUNTY' ' " IQMNII;S.IONERS INDIAN RIVER C ) ulvTII, F QIjA RVt a yh S t] E H S B C 4 BY , r a� Je acerte, re td t Arthur er >1 haiirtt ITNESS : BCC Approved06 WITNESS : (Corporate seal is acceptable in place of witnesses) Approved : By: t� xop,, aird, County Administrator County Attorney ,/� \\ Attetee. ryc* o wR � . G . (Approved as to form and legal sufficiency) 09� Jeffrey K. Barton, Clerk of Cour t Indian River County Approved Date Administration 9 Budget Co. An . Public Works Traffic Engineering , LEGAL DESCRIPTION PARCEL 1 : The East 1 /2 of the Northeast 1 /4 of the Northeast 1 / 4 of Section 10 , Township 32 South , Range 39 East, lying and being in Indian River County , Florida , lying North of Quay Dock Road . PARCEL 2 : The East 1 /2 of the East 10 . 20 cares of the Northwest 1 / 4 of the Nlcrtheast 1 /4 of Section 10 , Township 32 South , Range 39 East , lying and beinc in Indian River County , Florida and lying North of Quoy Dock R gad PARCEL 3 : The East 1 /2 of the West 1 / 2 of the Southeast 1 / 4 of the Northhecs , 1 / 4 of Section 10 , Township 32 South , Range 39 East , lying and being in Indian River County, Florida , lying North of Quay Dock Road . PARCEL 4 : The West 1 /2 of the Northeast 1 /4 of the Northeast 1 / 4 of Sect ! on 10 , Township 32 South , Range 39 East , lying and being in Indian River County , Florida , lying North of the right — of — way of Quay Dock Road , less eny portion lying in road right — of — way for North Winter Beaa Rood ( 69ih � lre _' t PARCEL 5 : The North 1 / 2 of the West 1 / 2 of the Southeast 1 / 4 of the Northeast 1 /4 of Section 10 , Township 32 South , Range 39 East , lying and being in Indian River County , Florida , lying North of the right — of — way for Quay Dock Road .