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HomeMy WebLinkAbout2005-395 DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND LOCKWOOD LANE DEVELOPMENT GROUP , LLC FOR TURTLE CREEK PLANNED DEVELOPMENT THIS AGREEMENT , entered this 6th day of _ December , 20051 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 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 at the intersections of 27th Avenue at 4th Street, and 27th Avenue at 8th Street, together with the section of 27th Avenue SW from Oslo Road to 13th Street S . W . , and ; WHEREAS , the COUNTY is planning to make improvements to the intersections of 27th Avenue at 4th Street, 27th Avenue at 8th Street, which are listed on the County' s Capital Improvement Plan, and to the section 27th Avenue SW from Oslo Road to 13th 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 at the intersections of 27th Avenue at 4th Street, and 27th Avenue at 8th Street , and expand the section of 27th Avenue SW from Oslo Road to 13th 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 TURTLE CREEK PLANNED DEVELOPMENT , the DEVELOPER is required to fund its fair share of the improvements (addition of right and left turn lanes) to the intersection of 27th Avenue at 1 F :\Attorney\Bill\Agreements\Turtle Creek Developers Agreement. doc 4th Street, and the intersection of 27th Avenue at 8th Street necessitated by the development and the COUNTY has the duty to coordinate the improvements . The COUNTY agrees to provide the engineering and design of said improvements (as determined by the Indian River County Public Works Director) to DEVELOPER and DEVELOPER agrees to construct and pay for said intersection improvements , in accordance with design plans provided by and approved by Indian River County. Indian River County shall reimburse DEVELOPER for the costs associated with said improvements , less DEVELOPER ' S fair share contribution. DEVELOPER ' S fair share contribution 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 , to both intersections , must be completed prior to the issuance of any building permit for any unit located in the proposed TURTLE CREEK PLANNED DEVELOPMENT . 3 . To accommodate increased traffic generated by the TURTLE CREEK PLANNED DEVELOPMENT, the DEVELOPER is required to fund its fair share of the improvements (expansion from 2lanes to 4lanes) to 27th Avenue SW from Oslo Road to 13th Street S . W. necessitated by the development and the COUNTY has the duty to coordinate improvements to 27th Avenue SW from Oslo Road to 13th 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 . If and when said the improvement of 27th Avenue SW from Oslo Road to 13th Street S . W . is added 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 the proposed TURTLE CREEK PLANNED DEVELOPMENT . 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. 2 F :\Attorney\Bill\Agreements\Turtle Creek Developers Agreement.doc 5 . 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 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 form general liability extensions , and per contract aggregate : Each Occurrence : $ 1 ,000 , 000 Fire Damage (Any one 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 $ 1001000 Each Disease — Each Employee $ 100 , 000 Each Disease — Policy Limit $ 500 , 000 6 . Professional Liability insurance on an 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. 7 . There shall be no more than $ 5 , 000 deductible 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 . 8 . DEVELOPER insurance coverage shall be primary . 9 . 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 . 10 . 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 . 11 . In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs . 12 . No amendment, modification, change , or alteration of this Agreement shall be valid or 3 F :\Attorney\Bill\Agreements\Turtle Creek Developers Agreement. doc binding unless accomplished in writing and executed by all of the parties hereto . 13 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns . 14 . 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 . 15 . 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 . 16 . 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 . 17 . 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 . 18 . 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. 19 . 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 . 20 . 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. 21 . 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 4 F :\Attomey\Bill\Agreements\Turtle Creek Developers Agreement. doe 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 BOARD OF COUNTY COMMISSIONERS Group , L . L . C . INDIAN RIVER COUNTY, FLORIDA BY : BY : Mark A. Brackett, Managing Member Thomas S . Lowther, Chairman. r -: BCC Approved:_ ' , pP ber 6 x_-2005 WITNES Approved : WITNESS : wJ/ (Corporate seal is keeptable in place of witnesses) By J600srA A . Baird, County Administrator Attest . f Jeffrey K. Barton, Clerk of Court 0ountyyrney (Approved as to form and legal sufficiency) Indian River County Approved Date Administration �A r 40/ 415" Bud et 2� {� County Attorney Risk Management Public Works ' o Traffic En ineerin 5 F:\Attorney\Bill\Agreements\Turtle Creek Developers Agreement- doe EXHIBIT " A " Turtle Creek Preserve Legal Description Description as recorded in Official Records Book 1620, Page 2950, Indian River County, Florida Public Records TRACTS 9 THROUGH 16 , SECTION 27 , TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEROF, AS IN PLAT BOOK 2 , PAGE 25 , OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS , HOWEVER, THE WEST 100 FEET OF TRACTS 12 AND 13 AND LESS ALL OF THOSE LANDS LYING WITHIN THE PLAT OF GROVENOR ESTATES UNIT 2A, ACCORDING TO THE PLAT THEROF , AS RECORDED IN PLAT BOOK 5 , PAGE 19 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND LESS THE EAST 25 . 00 FEET OF TRACTS 9 AND 16 . LESS AND EXCEPT CANAL RIGHT- OF - WAY OVER THE NORTH 30 FEET OF TRACTS 9 THROUGH 12 , LESS AND EXCEPT ROAD RIGHT-OF-WAY OVER THE SOUTH 30 FEET OF TRACTS 13 THROUGH 16 . SUBJECT TO A CONSERVATION EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1030 , PAGE 428 THROUGH 430 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA . AND SUBJECT TO A FLORIDA POWER & LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 185 , PAGE 181 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA . SUBJECT TO MURPHY DEED #478 AND #5215 AS RECORDED RESPECTIVELY IN DEED BOOK 35 , PAGE 470 AND DEED BOOK 415 PAGE 15 , AS MODIFIED BY PARTIAL RELEASE AS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, OVER THE EAST 70 FEET OF TRACTS 9 AND 16 .