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Home My WebLink About2007-165 +^iw S � - off DEVELOPERS AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND MICHAEL CREEK, LLC FOR MICHAEL CREEK SUBDIVISION THIS AGREEMENT, entered this 22nd day of Ma_, 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 MICHAEL CREEK, LLC, 277 SOUTHEAST FIFTH AVENUE, DELRAY BEACH, FLORIDA, 33483 , telephone number (561 ) 279-8952, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has applied to develop a residential subdivision to be known as MICHAEL CREEK SUBDIVISION on approximately 20 acres of land on the south side of SR510, east of USI in Indian River County, Project Number SD-05-07-34 (2004020120-47065 ), and 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 SR510 and US 1 , and; WHEREAS, the COUNTY is planning to make improvements to the intersection of SR510 and US 1 , and; WHEREAS, both the COUNTY and the DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed SR5IO/USI 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 MICHAEL CREEK SUBDIVISION, the COUNTY would be required to make improvements to the intersection of SR 510 and US 1 in the amount of $5 ,000,000.00, of which the DEVELOPER' S fair share of cost is 1 .63 % or $81 ,500.00. The DEVELOPER shall pay to the COUNTY the sum of $81 ,500. 00 prior to issuance of a land development permit as a contribution toward construction of the intersection improvements at SR 510 and US 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 SR 510 and US 1 shall be deemed satisfied as long as the DEVELOPER is in compliance with this Agreement. The DEVELOPER shall have no further obligation with respect to the SR 510 / US 1 intersection, and neither the DEVELOPER nor any purchaser of, or within, MICHAEL CREEK SUBDIVISION shall be deemed to have failed concurrency as a result of the conditional operation of the SR 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 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 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 party 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 on 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 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 waivers 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 . 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 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 . MICHAEL CREEK, LLC BOARD OF COUNTY COMMISSIONERS i3y on : �1 IQev ap ,c t Lac . INDIAN RIVER COUNTY, FLORIDA BY: BY : Cary lickstein,�er Gary Vheeler, Chaifman O( c.Y ?d e �� WITNESS : BCC Approved : N}d25? 2007 �` WITNESS : Approved: (Corporate seal is acceptable in pla e of witnesses) BY : eph A. Baird, County Administrator /L ounty Attorney (Approved as to form and legal sufficiency) ATTEST : Q /ro,e. ' Jeffery K. Barton, Clerk of u t Exhibit A LEGAL DESCRIPTION A TRACT OF LAND LYING IN THE NORTHEAST 1 /4 OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND IN THE NORTHWEST 1 /4 OF SECTION 26, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING SOUTH OF COUNTY ROAD NO. 510, AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID TRACT ALSO LYING IN SUBMERGED PORTIONS OF MICHAEL CREEK AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A RAILROAD SPIKE AT THE NORTHEAST CORNER OF SAID SECTION 27, BEING THE NORTHWEST CORNER OF SAID SECTION 26, PROCEED SOUTH 00' 01 ' 07" WEST ALONG THE LINE DIVIDING SECTIONS 26 AND 27, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY (R/W) LINE OF COUNTY ROAD NO. 510 (WABASSO ROAD, R/W WIDTH VARIES), SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89' 58' 46" EAST ALONG SAID SOUTH R/W LINE, A DISTANCE OF 510.73 FEET; THENCE DEPARTING SAID R/W LINE, SOUTH 00' 01 ' 07" WEST, PARALLEL TO SAID SECTION LINE, A DISTANCE OF 381 .31 FEET; THENCE NORTH 27' 30' 02" EAST A DISTANCE OF 51 . 17 FEET; THENCE SOUTH 00' 01 ' 07" WEST, PARALLEL TO SAID SECTION LINE, A DISTANCE OF 273. 14 FEET TO A POINT ON THE MEAN HIGH WATER LINE (M.H.W. L. , ELEVATION=0.60 FEET NGVD '29) ON THE NORTH BANK OF MICHAEL CREEK; THENCE CONTINUE SOUTH 00' 01 ' 07" WEST, INTO THE WATERS OF MICHAEL CREEK, A DISTANCE OF 39.95 FEET; THENCE NORTH 89' 58" 46" WEST, PARALLEL TO SAID SOUTH R/W LINE OF COUNTY ROAD NO. 510, A DISTANCE OF 191 .43 FEET TO SAID M.H .W. L. OF MICHAEL CREEK; THENCE LEAVING SAID M.H .W. L. AND INTO UPLANDS, CONTINUE NORTH 89' 58' 46" WEST A DISTANCE OF 344.30 FEET TO A POINT ON SAID SECTION UNE DIVIDING SECTIONS 26 AND 27; THENCE SOUTH 00' 01 ' 07" WEST ALONG SAID SECTION LINE, A DISTANCE OF 294.39 FEET TO A POINT IN MICHAEL CREEK LAGOON; THENCE NORTH 76' 42' 27" WEST A DISTANCE OF 399.82 FEET TO A POINT ON THE SOUTH M. H.W.L. OF MICHAEL CREEK (ELEVATION=0.60 FEET NGVD); THENCE ALONG SAID SOUTH M.H.W.L. THE FOLLOWING COURSES: SOUTH 70' 32' 50" WEST A DISTANCE OF 72.74 FEET; NORTH 75' 07' 37" WEST A DISTANCE OF 80.55 FEET; NORTH 35' 46' 41 " WEST A DISTANCE OF 44.39 FEET; NORTH 20' 55' 41 " WEST A DISTANCE OF 72.00 FEET; THENCE NORTH 74' 49 ' 33" WEST A DISTANCE OF 19. 11 FEET; THENCE SOUTH 49' 38' 08" WEST A DISTANCE OF 68.29 FEET; SOUTH 78' 31 ' 46" WEST A DISTANCE OF 66.43 FEET; SOUTH 71 ' 52' 30" WEST A DISTANCE OF 92.68 FEET; THENCE DEPARTING SAID M.H.W.L. AND ACROSS THE MOUTH OF MICHAEL CREEK, NORTH 31 ' 47' 22" WEST A DISTANCE OF 46.87 FEET TO A POINT ON THE M. H.W.L. ON THE EAST BANK OF THE INDIAN RIVER (ELEVATION=0. 60 FEET NGVD '29); THENCE ALONG SAID M.H.W.L. THE FOLLOWING COURSES: NORTH 69' 03' 53" WEST A DISTANCE OF 28.03 FEET; NORTH 50' 52' 14" WEST A DISTANCE OF, 52.61 FEET; NORTH 36' 36' 38" WEST A DISTANCE OF 43.31 FEET; NORTH 29' 51 ' 06" WEST A DISTANCE OF 52.43 FEET; NORTH 30' 28' 02" WEST A DISTANCE OF 77.08 FEET; NORTH 29' 01 ' 20" WEST A DISTANCE OF 51 .55 FEET; NORTH 27' 26' 40" WEST A DISTANCE OF 72.43 FEET; NORTH 29' 02' 15" WEST A DISTANCE OF 50.72 FEET; NORTH 29' 53' 53" WEST A DISTANCE OF 51 .98 FEET; NORTH 37' 47' 23" WEST A DISTANCE OF 51 .54 FEET TO A POINT ON THE SOUTH R/W LINE OF COUNTY ROAD NO. 510; THENCE ALONG SAID SOUTH R/W LINE THE FOLLOWING COURSES: NORTH 51 ' 53' 39" EAST A DISTANCE OF 8. 66 FEET; NORTH 38' 06' 21 " WEST A DISTANCE OF 35.00 FEET; NORTH 51 ' 53' 39" EAST A DISTANCE OF 156.21 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 1081 .05 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 37' 52' 31 1 A DISTANCE OF 714.63 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID CURVE BEING SUBTENDED BY A CHORD BEARING NORTH 70' 49' 55" EAST, 701 .69 FEET; THENCE CONTINUE ALONG SAID SOUTH R/W LINE, NORTH 89' 46' 10" EAST, ALONG A LINE PARALLEL TO AND 40.00 FEET SOUTH OF, WHEN MEASURED PERPENDICULAR TO, THE THE NORTH LINE OF AFOREMENTIONED SECTION 27, A DISTANCE OF 363.46 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 26.43 ACRES.