HomeMy WebLinkAbout2006-026DEVELOPER'S AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
LOCKWOOD LANE DEVELOPMENT GROUP, LLC
FOR TURTLE CREEK PLANNED DEVELOPMENT
THIS AGREEMENT, entered this 24th day of January, 2006, by and between
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida,
1840 25th Street, Vero Beach, Florida, 32960, hereafter called COUNTY, and
LOCKWOOD LANE DEVELOPMENT GROUP, LLC, P.O. Box 1779, Vero Beach,
Florida 32961, telephone number (772) 567-9255, hereafter referred to as the
DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has applied to build a planned development to be
known as TURTLE CREEK PLANNED DEVELOPMENT, which consists of two
phases, on approximately 297 acres of land on the north side of 13th Street S.W., between
43rd Avenue and 27th Avenue in Indian River County, Project Number PD -05-01-01
(200050121), 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 to the section of 27th Avenue SW from 13th Street S.W. to 5th
Street S.W., and;
WHEREAS, the COUNTY is planning to make improvements to the section of
27th Avenue SW from 13th Street S.W. to 5th Street S.W. which is not included on the
County's Capital Improvement Plan, and;
WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each
other through a joint effort that will share the cost of the proposed improvements to
expand the section of 27th Avenue SW from 13th Street S.W. 5th Street S.W. to four
lanes, and;.
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 true and correct and are thereby incorporated
herein.
2. To accommodate increased traffic generated by the PHASE 1, consisting of 510
lots, of the TURTLE CREEK PLANNED DEVELOPMENT, the DEVELOPER
is required to fund its fair share of the following roadway improvements: expand
from 2 lanes to 4 lanes, 27th Avenue S.W. from 13th Street S.W. to 5th Street
S.W., including any of -site stormwater facilities, necessitated by the
improvements. The segment shall be designed, engineered and constructed as a 4
lane divided road with a 16' median complete with landscaping and irrigation. If
possible, utilities shall be located underground. Floratam sod shall be used
whenever grass is called for in the landscaping. Where applicable, the design
shall comply with the Oslo Road Corridor plan requirements. The COUNTY
shall have the duty to coordinate improvements to 27th Avenue S.W. from 13th
Street S.W. to 5th Street S.W. The DEVELOPER agrees to provide the
engineering and design of said improvements, as approved by the Indian River
County Public Works Director and DEVELOPER agrees to construct and pay for
said improvements, in accordance with the approved design and engineering
plans. DEVELOPER also agrees to provide right-of-way maps for 27th Avenue
S.W. from 13th Street S.W. to 5th Street S.W., and parcel sketches and legal
descriptions for any necessary right-of-way acquisition. Any right-of-way needed
will be acquired by the COUNTY with the assistance of DEVELOPER.
DEVELOPER shall be required to make his fair share contribution toward any
right-of-way purchases. If and when the said improvement of 27th Avenue S.W.
from 13th Street S.W. to 5th Street S.W. is added to the to the County's Capital
Improvement Plan, DEVELOPER shall be entitled to reimbursement by
COUNTY of the costs associated with said improvements, less DEVELOPER'S
fair share contribution. DEVELOPER'S fair share to be determined by the Indian
River County Traffic Engineer using the usual and customary fair share analysis
used by Indian River County. Said improvements must be completed prior to the
issuance of the building permit for the 255th unit in PHASE 1 of the proposed
TURTLE CREEK PLANNED DEVELOPMENT.
3. COUNTY agrees to add the aforementioned improvements to 27th Avenue from
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13th Street S.W. to 5th Street S.W. to the Traffic Component/Capital
Improvement portion of the Indian River Comprehensive Land Use Plan as part of
the January 2006 submittal package directed to the Florida Department of
Community Affairs.
4. DEVELOPER shall use the competitive bidding process for all work performed
under this agreement. Any bids are subject to the prior approval of the COUNTY
Public Works Director. The Public Works Director reserves final approval of the
winning bidder.
5. DEVELOPER understands and agrees that despite the best efforts of the
COUNTY, the Department of Community Affairs may not approve the adding of
the 27th Avenue improvements, from Oslo Road to 5th Street S.W., to the
Comprehensive Land Use Plan. If after COUNTY has exhausted its best efforts,
the Department of Community Affairs does not allow these improvements to be
added to the Comprehensive Land Use Plan, DEVELOPER shall still be bound by
terms of this agreement and acknowledges and agrees that it may not receive fair
share compensation from the COUNTY for improvements made to 27th Avenue
from Oslo Road to 5th Street S.W. Further DEVELOPER acknowledges and
agrees that the expansion of 27th Avenue has been subject of much debate and is
currently not included in the COUNTY'S Transportation Capital Improvement
Plan.
6. 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 Turtle Creek 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.
7. DEVELOPER and DEVELOPER'S contractors and subcontractors will maintain
the following minimum limits of insurance during the term of this agreement and
shall provide evidence of said coverage being in effect by providing the County
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with a Certificate of Insurance listing Indian River County as an additional
insured:
A. General Liability Coverage shall include contractual liability, products and
completed operations, independent contractors, broad from general liability
extensions, and per contract aggregate:
Each Occurrence: $1,000,000
Fire Damage (Any on fire) $50,000
Medical Expenses (Any one person) $5,000
Personal & Adv Injury $1,000,000
General Aggregate $2,000,000
B. Automobile Liability — Combined Single Limit $1,000,000
C. Worker's Compensation Statutory — as required by the State of Florida
Each Accident $100,000
Each Disease — Each Employee $100,000
Each Disease — Policy Limit $500,000
8. Professional Liability insurance on occurrence or claims made basis with limits of
liability not less than $1,000,000 per occurrence and $2,000,000 aggregate
combined single limit. This policy shall cover DEVELOPER, all employees,
and/or volunteers and all independent contractors, subcontractors and professional
contractual persons hired or retained by DEVELOPER.
9. There shall be no more than $5,000 deducible per claim amount unless approved
by the County Risk Manager. 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.
10. DEVELOPER insurance coverage shall be primary.
11. All above insurance policies shall be placed with insurers with a Best's rating of
no less than AV. The insurer chosen shall also be licensed to do business in
Florida.
12. 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.
13. DEVELOPER hereby agrees to indemnify 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
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performance of Professional Services under this agreement and for which
DEVELOPER is legally liable.
14. In the event of any litigation arising out of this Agreement, each party shall bear
its own attorney fees and costs.
15. 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.
16. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their successors, and assigns.
17. 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.
18. 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.
19, 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.
20. 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.
21. 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.
22. 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.
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23. 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.
24. 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.
LOCKWOOD LANE DEVELOPMENT
GROUP, L.L.C.
BY:
Mark A. Brackett, Managing Member
WITNESS¢��at4nPn�
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WITNESS:�Q
(Corporate seal is acce table in place of witnesses)
f///", [4� UP
ounty Attorney
(Approved as to form and legal sufficiency)
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY: A4,
Gary C. eeeler, Chairman
BCC Approved: 01 - 24--w2006
Approved:
Jose A. Baird, County Administrator
Attest: f�7�piLcGt%
Jeffrey K. Barton, Clerk of Cottrt
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Indian River County
Approved
Date
Administration
Budget`UJO
County Attorney
7
Risk Management
Public Works
Traffic Engineering
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23. 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.
24. 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.
LOCKWOOD LANE DEVELOPMENT
GROUP, L.L.C.
BY:
Mark A. Brackett, Managing Member
WITNESS¢��at4nPn�
,l
WITNESS:�Q
(Corporate seal is acce table in place of witnesses)
f///", [4� UP
ounty Attorney
(Approved as to form and legal sufficiency)
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY: A4,
Gary C. eeeler, Chairman
BCC Approved: 01 - 24--w2006
Approved:
Jose A. Baird, County Administrator
Attest: f�7�piLcGt%
Jeffrey K. Barton, Clerk of Cottrt
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