HomeMy WebLinkAbout2005-236 I
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DEVELOPER' S AGREEMENT BETWEEN
INDIAN RIVER COUNTY FLORIDA
AND
SHELBY HOMES AT MILLSTONE, INC.
FOR MILLSTONE LANDING PLANNED DEVELOPMENT
SITE ACCESS AND STORMWATER
MANAGEMENTIMPROVEMENTS
THIS AGREEMENT, entered this 1 ? t_ h day ,Zi ! , 2005 , 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 SHELBY HOMES AT MILLSTONE , INC. ,
the address of which is 6363 NW 6th Way, Suite 250 , Ft . Lauderdale , FL 33309 , hereafter referred to
as the DEVELOPER .
WITNESSETH
WHEREAS , the Developer proposes to develop a residential community to be known as
Millstone Landing on a 300 acre +/- site situated southwest of the intersection of 27th Avenue and
17th Street SW, ( Indian River County Project Number PD-04-04-08 [2003100068-45193]) (the
" Project") which is legally described on Exhibit "A" attached hereto and incorporated herein by
reference ; and
WHEREAS , the COUNTY and DEVELOPER share mutual goals and can assist each other
with respect to right-of-way acquisition , roadway improvements , site access , and drainage
improvements to 21St Street SW; 17th Street SW and 27th Avenue as well as several County
thoroughfare intersection improvements ; and .
WHEREAS , the County has committed to funding several County thoroughfare intersection
improvements , and ;
WHEREAS , the Indian River Board of County Commissioners during a public hearing ,
granted their approval to the Conceptual Planned Development Plan known as "Millstone Landing "
on October 19 , 2004 .
NOW, THEREFORE , in consideration of the mutual terms , conditions , promises , covenants
and premises hereinafter, and other good and valuable consideration , the receipt and sufficiency of
which is hereby acknowledged , the County and Developer agree as follows :
1 . Recitals : The foregoing recitals are hereby incorporated as if fully restated herein .
2 . Right-Of Way Acquisition : Indian River County' s ultimate right-of-way for 27th Avenue as
listed in the Comprehensive Plan Thoroughfare Plan is 130 feet. Developer shall dedicate to
the County by deed or other instrument right-of--way along the project's 27th Avenue frontage
lying west of and within 65' of the Section Line .
The Developer shall also dedicate by deed or other instrument right-of--way to meet the
County's 60' minimum right-of--way width for the existing deficient portion of 23d Street SW
directly abutting the site .
Developer shall also dedicate by deed or other instrument , an 80' right-of--way for 21 st Street
SW directly abutting the north line of the existing 60' wide Indian River Farms Water Control
District Water Control District's (IRFWCDIs) Sub-lateral B- 10 Canal right-of-way. No
compensation for said right-of--way dedications shall be required of the County.
The above described dedications are depicted in Exhibit " B' .
3 . Murphy Deed Release : Simultaneous with the dedication of right-of-way by the
Developer for 27th Avenue as described herein in Item #3 ; County shall release to Developer
all Murphy Deed reservations on the project site along the project's 27th Avenue frontage
lying west of a line 65' parallel to and west of the north-south section line at 27th Avenue .
The above described Murphy Deed Release Parcel is depicted in Exhibit "C"
4 . Site Access & 21 Street SW Improvements : Developer shall provide access to the
Project by constructing Project entrances , as follows :
A . The entrance for the Project on 21st Street SW for the portion of the Project north
of 21 st Street shall be constructed approximately 1 , 800 feet west of 27'h Avenue . The
Developer shall construct a two- lane road from 27th Avenue west to said entrance of
the Project , as shown on the Board of County Commissioners approved Conceptual
Planned Development. The Developer will also plan , design and construct
westbound right-tum lane and westbound left-turn lane at said 21st Street SW
entrance . The westbound left-tum lane shall be completed to serve the proposed
entrance to the portion of the Project south of 21st Street SW. The DEVELOPER
shall also construct an eastbound right-tum lane and an eastbound left-tum lane at
the 27th Avenue approach . In addition , a northbound left-tum lane , a southbound
right-tum lane and southbound left-tum lane shall be constructed on 27th Avenue at
its intersection with 21st Street SW. All road construction shall be in compliance with
applicable Indian River County and Florida Department of Transportation standards .
B . The entrance for the Project on 21st Street SW for the portion of the Project south
of 21 st Street SW shall directly align with the 21 st Street SW entrance to the portion of
the Project north of 21st Street SW as depicted on the Board of County
Commissioners approved Conceptual Planned Development Plan .
C . Prior to issuance of a Certificate of Completion for Phase 6 of the Project ,
Developer shall construct an entrance at 17th Street SW approximately 1 , 300' feet
west of 27th Avenue as depicted on the Board of County Commissioners approved
Conceptual Planned Development Plan .
5 . 35th Avenue (South of 21 't Street SW) : Developer acknowledges the dedication of a 50'
right-of-way with a flared north end and construction of 35th Avenue south of 21St Street SW
shall be completed as depicted on the Conceptual Planned Development Plan , prior to
issuance of a Certificate of Completion for Phase V of the Project.
The above described dedications are depicted in Exhibit " D"
6 . 35th Avenue (North of 21st Street SW) : Developer acknowledges that Indian River
County has required others to dedicate right-of-way and to construct the portion of 35th
Avenue SW north of 21 st Street. Said right-of-way for 35th Avenue north of 21 st Street SW is
located off-site and directly abuts the Millstone Landing site's west line . Developer shall not
be responsible for the cost of right-of-way or construction of the 35th Avenue segment north
of 21 st Street SW.
7 . 17th Street SW: County acknowledges that Developer is not required to dedicate right-of-
way for 17th Street SW roadway improvements along the frontage of the project .
Construction of 17th Street SW is required by Developer from 27th Avenue to the school site
east property line including all tum lane improvements required by the Millstone Landing
Traffic Analysis prior to issuance of a Certificate of Completion for Phase 6 . A southbound
right-tum lane , a northbound left-tum lane , an eastbound left-tum lane , and a southbound
left-tum lane shall be constructed at the intersection of 27th Avenue with 17th Street SW.
County commits that it will obtain the necessary right-of-way to allow for the 17th Street SW
roadway improvements to be constructed by Developer.
8 . Stormwater Management: The Developer agrees to incorporate sufficient capacity in
the Project to provide stormwater treatment storage for the impervious area of 21st Street
SW along the Project frontage and for the west half of the 27th Avenue ultimate right-of-way
improvements along the Project frontage . The capacity shall be such to accommodate the
drainage from 27th Avenue when it is widened to four lanes . The Developer shall have no
responsibility to design , install , or pay any costs toward any drainage improvements required
to direct the drainage from the above described section of 27th Avenue into the stormwater
management system provided by the Developer in the Project , except for the following
construction : At least two drainage structures (inlets or manholes for future connection by
1 1
1 '
County, located west of 27th Avenue along the Project frontage and the required drainage
pipe to a lake located on the Project site .
The Limits of Off-site Stormwater contributions from COUNTY right-of-way into the Millstone
Landing project Stormwater Management System is depicted in Exhibit " E' .
9 . Off-site Intersection Improvements : Developer acknowledges that off-site intersection
improvements at specific locations are necessary to support the traffic to be generated by
this Project . In accordance with the approved Traffic Impact Analysis for the Project , the
Developer agrees to the following conditions :
A. No building permits for development generating more than 71 PM Peak Hour
inbound trips shall be issued prior to the County or Developer letting of the contract
for the 4th Street/ 27th Avenue intersection improvement , which shall include a
westbound right-tum lane , northbound right-tum lane and southbound right-tum lane .
This correlates to 104 single-family dwelling units . Developer's fair share cost to be
contributed to said intersection improvement is $ 11 , 064 . 75 .
B . No building permits for development generating more than 115 PM Peak Hour
inbound trips shall be issued prior to the County or Developer letting of the contract
for the 8th Street/27th Avenue intersection improvement , which shall include a
westbound right-tum lane , northbound right-tum lane and southbound right-tum lane .
This correlates to 177 single-family dwelling units . Developer' s fair share cost to be
contributed to said intersection improvement is $8 , 105 . 49 .
C . No building permits for development generating more than 136 PM Peak Hour
inbound trips shall be issued prior to the County or Developer letting of the contract
for the 12th Street/27th Avenue intersection improvement , which shall include a
westbound right-tum lane and southbound right-tum lane . This correlates to 214
single-family dwelling units . Developer's fair share cost to be contributed to said
intersection improvement is $3 , 825 . 45 .
D . No building permits for development generating more than 305 PM Peak Hour
inbound trips shall be issued prior to the County or Developer letting of the contract
for the Oslo Road/27th Avenue intersection improvement , which shall include a
westbound right-turn lane . This correlates to 319 single-family dwelling units .
Developer' s fair share cost to be contributed to said intersection improvement is
$ 10 , 101 . 96 .
IN WITNESS WHEREOF the County and Developer has caused these presents to be
executed in their names , the day and year first above written .
SHELBY HOMES AT MILLSTONE , INC . BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY: BY: S
Its f w+ Thomas S . Lowther, Chairman
BCC Approved : 07 - 12 - 2005
WITN B
J =' effrey .
Administrator; ,
FP
WITNESS : _ �c ;�e` 7®
(Corporate se l i in place of witnesses )�` Y r
Clerk of Court .
Gly ° �. ,
William G . Collins , II County Attorney 44
(Approved as to Form and Legal Sufficiency) ^ eki ' , 00
t. `:a
E . No building permits for development generating more than 188 PM Peak Hour
inbound trips shall be issued prior to the County or Developer letting of the contract
for the 16`h Street/27`h Avenue intersection improvement, which shall include a
westbound right-tum lane and eastbound right-tum lane . This correlates to 306
single-family dwelling units . Developer's fair share cost to be contributed to said
intersection improvement is $3 , 524 . 63 .
In the event the COUNTY's schedule for construction of off-site intersection improvements
described above does not coincide with DEVELOPER's schedule , Developer may perform the
construction improvements at said off-site intersections . In that case , DEVELOPER shall design ,
obtain permits , and construct, as necessary, said improvements listed above as A , B , C , D & E and
as shown on the approved Millstone Landing CPD conditions . The County Public Works Department
shall review and approve the designs prior to submitting permit applications. The DEVELOPER shall
use the County's public competitive bid process for construction of these improvements and
Developer further agrees fully and timely to cooperate with the COUNTY in the public competitive
bidding of the construction . The DEVELOPER shall timely provide the Indian River County
Purchasing Division with sufficient information , including the nature of the project , where the plans
may be purchased , the purchase price of the plans in an amount not to exceed One Hundred Dollars
($ 100 . 00) , the proposed date of bid opening , and all other required competitive bid details to ensure
compliance with 255 . 20 , Fla . Stat (2004) , and to ensure sufficient public notice of the construction of
improvements described in this paragraph to enable the County to post a notice on DemandStar.
The DEVELOPER agrees that the Indian River County Purchasing Division shall conduct the public
competitive bid process for the construction of the improvements in this paragraph to obtain bona
fide bids from licensed and qualified contractors , and that such bids are to be publicly opened and
read aloud . The DEVELOPER shall cause the DEVELOPER' s engineer to review the bids received
by the Indian River County Purchasing Division , and to make a written recommendation to the
County's Public Works Director for award of the bid to a licensed and qualified contractor. The
County's reimbursement of a portion of the construction costs to the DEVELOPER shall be
conditioned upon the approval of all project costs by County's Public Works Director. Bid proposals
and engineering costs related to the work described herein shall be subject to prior approval by
County's Public Works Director. The DEVELOPER shall not commence work unless the County' s
Public Works Director provides written approval of the final construction cost and the final project
cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY'S sole discretion , project
costs significantly exceed reasonable costs . Bids shall include Performance and Payment Bonds
with the COUNTY being named an additional party covered by the Bonds . The bid price of the
selected bid shall be deemed to be the "Fixed Contract Price" for the purpose of this Agreement .
Miscellaneous :
A . In the event of any litigation arising out of this Agreement , the prevailing party shall
recover attorneys' fees and costs from the non-prevailing party.
B . 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 .
C . This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their successors , and assigns.
D . 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 . This Agreement shall not be effective unless signed by
Developer and County.
E . The obligations of the Developer to this Agreement are expressly conditioned upon the
Developer's decision , at Developer' s sole discretion , to proceed with the Project .
F . No certificate of completion or occupancy shall be withheld or delayed by the County for
the Project (or any portion thereof) , nor shall the County delay or withhold the full use and
occupancy of the Project or any required permit(s) or final plat(s) , due to the Canal Crossing
at 43`d Avenue itself not being completed .
G . Except for the aforementioned , the County shall not require Developer to construct ,
contribute to or share in the costs of any off-site improvements other than the payment of
applicable impact fees .
H . 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 .
I . 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 .
J . 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 .
K . County and Developer shall grant such further assurances and provide such additional
documents as may be reasonably required by one another from time to time , and cooperate
fully with one another in order to cant' out the terms and conditions hereof and comply with the
express intention of this Agreement .
L . 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 .
M . 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 .
N . 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.
O . 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 .
P . Insurance And Indemnification : During Developer' s performance of any construction in
County right-of-way covered by this Agreement , Developer shall provide the County with
evidence that Developer or the Developer' s Contractor has obtained and maintains the
insurance listed below .
1 . Developer or Developer' s Contractor shall procure and maintain for the
duration of all construction contracts , insurance against claims for injuries to persons
or damages to property, which may arise from or in connection with the performance
of the work hereunder by the Developer, his agents , representatives , employees or
sub-contractors .
2 . Minimum Scope of Insurance
(a) Worker's Compensation as required by the State of Florida .
Employers Liability of $ 100 , 000 each accident , $500 , 000 disease policy limit , and
$ 100 , 000 disease each employee .
(b) General Liability $ 1 , 000 , 000 combined single limit per accident for
bodily injury and property damage . County shall bean additional insured . Auto
Liability $ 1 , 000 , 000 combined single limit per accident for bodily injury and property
damage for owned and non-owned vehicles . County shall be an additional insured .
(c) Professional Liability Insurance providing coverage for intentional ,
reckless or negligent acts , errors , or omissions committed or alleged to have been
committed by Developer's Engineer with a limit of $500 , 000 per claim/annual
aggregate .
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.
3 . Developer's insurance coverage shall be primary.
4 . 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 .
5 . The insurance policies procured shall be per occurrence policies or as
generally available on the open insurance market .
6 . The Insurance Carriers shall supply Certificates of Insurance evidencing
such coverage to the Indian River County Risk Management Department prior to the
commencement of any work in a County right-of-way.
7 . 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 .
8 . A written safety inspection plan must be submitted to the Indian River
County Risk Management Department for approval prior to the commencement of any
work in a County right-of-way.
9 . Developer shall include in all sub-contracts for sub-contractors the above
insurance requirement or show them as insured under its policies or shall furnish
separate certificates and endorsements for each sub-contractor. All coverages for
sub-contractors shall be subject to all of the requirements stated herein .
10 . Up to $ 1 million , Developer hereby agrees to indemnify Indian River
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 performance of Services under this agreement and for which
Developer is legally liable .
EXHIBIT "A"
LEGAL DESCRIPTION
(MILLSTONE LANDING SITE)
ENMRIT "A"
MAL DMIP1199
ALL THAT PART OF TRACT 1 , SECTION 340 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, RECORDED IN PLAT BOOK 2, PAGE 25; LESS AND EXCEPTING THAT PARCEL RECORDED
IN OFFICIAL RECORD BOOK 717. PAGE 1979 AND LESS AND EXCEPTING ROAI, RIGHT-OF-WAY AS SHOWN ON THE
FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE MAP OF STATE ROAD 607 (EMERSON AVENUE, 27TH
AVENUE) AS RECORDED IN PLAT BOOK 14, PAGES 47, 47A-47H, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
TRACT 2, SECTION 34, 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, RECORDED IN PLAT BOOK 2, PAGE 25, SAID LAND NOW LYING AND BEING IN INDIAN RIVER
COUNTY,
FLORIDA .
ALL THAT PART OF TRACT 31 SECTION 34, 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, RECORDED IN PLAT BOOK 2, PAGE 25, SAID LAND NOW LYING AND BEING
IN INDIAN
RIVER COUNTY, FLORIDA, LESS AND EXCEPTING THE WEST 20 ACRES THEREOF.
THE NORTH .ONE-HALF (1 /2) OF THE EAST ONE - HALF ( 1 /2) OF TRACT 6, SECTION 34, 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. RECORDED IN PLAT BOOK 2.
PAGE 25,
SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
THE SOUTH ONE- HALF (1 /2) OF THE FOLLOWING DESCRIBED PARCEL:
ALL THAT PORTION OF TRACT 6 , SECTION 34, 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, RECORDED IN PLAT BOOK 2, PAGE 25. SAID LAND NOW LYING AND
BEING IN
INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPTING THE WEST 20 ACRES.
TRACT 7, SECTION 34, 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, RECORDED IN PLAT BOOK 2, PAGE 25, SAID LAND NOW LYING AND BEING IN INDIAN RIVER
COUNTY,
FLORIDA.
ALL THAT PORTION OF TRACT 8, - SECTION 34, TOWNSHIP 33 SOUTH , RANGE 39 EAST, ACCORDING TO THE
LAST
GENERAL PLAT OF LANDS DF THE ` INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF
THE CIRCUIT
COURT OF ST. LUCIE COUNTY, FLORIDA, RECORDED IN PLAT BOOK 2, PAGE 25. SAID LAND NOW LYING AND
BEING IN
INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPTING ROAD RIGHT- OF- WAY AS SHOWN ON THE FLORIDA DEPARTMENT
OF TRANSPORTATION MAINTENANCE MAP OF STATE ROAD 607 ( EMERSON AVENUE. 27TH AVENUE) AS RECORDED IN
PLAT BOOK 14, PAGES 47, 47A-47H, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
ALL THAT PORTION OF TRACT 9 , SECTION 34, 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 , RECORDED IN PLAT BOOK 2, PAGE 25, SAID LAND NOW LYING AND
BEING IN
INDIAN RIVER COUNTY, FLORIDA$ LESS AND EXCEPTING ROAD RIGHT- OF- WAY AS SHOWN ON THE FLORIDA DEPARTMENT
OF TRANSPORTATION MAINTENANCE MAP OF STATE ROAD 607 (EMERSON AVENUE, 27TH AVENUE) AS RECORDED IN
PLAT BOOK 14, PAGES 47, 47A - 47H, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
TRACT 10, SECTION 340 TOWNSHIP 33 SOUTH , RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS
OF
THE INDIAN RIVER FARMS COMPANY FILED IN THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA.
RECORDED IN PLAT BOOK 2, PAGE 25, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
THE EAST 25. 66 ACRES OF TRACT 11 , SECTION 340 TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO
TKE LAST
GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THk
CIRCUIT
COURT OF ST. LUCIE COUNTY, FLORIDA , RECORDED IN PLAT BOOK 2 , PAGE 25, SAID LAND NOW LYING AND
BEING IN
INDIAN RIVER COUNTY, FLORIDA.
ALL OF THE ABOVE NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING: THE SOUTH 80 FEET OF THE NORTH 110 FEET OF THE WEST 500 FEET OF
THE
EAST 560 FEET OF TRACT 1 , SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST
GENERAL
PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2. PAGE 25 OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS THAT PART LYING WITHIN TIIF RESERVATION RECORDED IN DEED BOOK
40, PAGE 414.
NOW LYING IN INDIAN RIVER COUNTY, FLORIDA
EXHIBIT " B"
SKETCH OF DEDICATIONS OF
RIGHT-OF-WAY TO COUNTY
NORTH
LU
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LU
8O " 21ST STREET SW "
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65 '
25 ' 1123 RD
STREET SW "
M MASTELLER & MOLER, INC. MILLSTONE LANDING
Y CIVIL ENGINEERS � EXHIBIT "B "
2205 14th Avenue
Vero Beach, Florida 32,460 SKETGH OF PROPOSED DEDIGATIONS
Ph . (`772) 567-5300 OF R16HT-OF-KAY TO GOUNTr
Fax (I 12) 7,44- 1106
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EXHIBIT " C "
SKETCH OF MURPHY DEED
RELEASE TO DEVELOPER
EXHIBIT 7#'
OFF-SITE INTERSECTION IMPROVEMENTS
COST ESTIMATES & FAIR SHARE COMPUTATIONS
MILLSTONE LANDING COST ESTIMATES
OFF-SITE INTERSECTION IMPROVEMENTS
Descri tion Unit Quantity Unit Cost Total Cost
Mobilization LS 1 $7 , 500. 00 $7 , 500 . 00
Maintenance of Traffic LS 1 $ 15 , 000 . 00 $ 15 , 000 . 00
Ex. Pvmt Excavation & Disposal SY 645 $7 . 00 $4 , 515. 00
Relocate Mast Arm Signals ( SE ) LS 1 $5 , 000. 00 $5 , 000 . 00
Relocate Street Lights ( NW) LS 1 $3, 000 . 00 $3 , 000. 00
Extend IRFWCD Ditch Culvert LS 1 $5, 000. 00 $5, 000. 00
Curb & Gutter (Type F) LF 1440 $ 10. 00 $ 14 , 400 . 00
Inlet (Type 6) UNIT 3 $2 , 400. 00 $7 , 200. 00
15" RCP Storm Culvert LF 300 $30. 00 $9 , 000 . 00
Concrete Sidewalk (5' Wide) SY 480 $ 18 . 00 $8 , 640. 00
12" Stablilzed Sub-Grade SY 2760 $5 . 00 $ 13 , 800. 00
8" Rock Base SY 2610 $8 . 75 $22 , 837 . 50
Asphalt 2 1 /2" S-1 SY 2460 $8 . 50 $201910 . 00
Pavement Marking & Signs LS 1 $7 , 500 . 00 $77500. 00
Sod ( Bahia) SY 2550 $2 . 00 $5 , 100 . 00
Sub-Total $ 149,402. 50
Contingincies 15% $22,410s38
Total Construction Cost w/ Contingincies $ 1719812. 88
Surveying & Engineering 15% $25 ,771s93
Total Project Cost $ 197, 584. 81
Project Pecentage (%) of Total Intersection Trips 5. 6%
DEVELOPER'S FAIR SHARE CONTRIBUTION $ 110064.75
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Mobilization LS 1 $2 , 500. 00 $2 , 500. 00
Maintenance of Traffic LS 1 $6, 000 . 00 $6, 000 . 00
Ex. Pvmt Excavation & Disposal SY 645 $7. 00 $41515 . 00
Relocate Mast Arm Signals ( SE ) LS 1 $5, 000 . 00 $51000. 00
Relocate Street Lights ( NW) LS 1 $3, 000. 00 $3 , 000. 00
Extend IRFWCD Ditch Culvert LS 1 $5, 000 . 00 $5, 000 . 00
Curb & Gutter (Type F) LF 1440 $ 10 . 00 $ 141400 . 00
Inlet (Type 6) UNIT 3 $2 , 400. 00 $7 , 200. 00
15" RCP Storm Culvert LF 300 $30. 00 $9, 000. 00
Concrete Sidewalk (5' Wide) SY 480 $ 18 . 00 $8 , 640 . 00
12" Stablilzed Sub-Grade SY 2760 $5. 00 $ 13, 800. 00
8" Rock Base SY 2610 $8 . 75 $22 , 837 . 50
Asphalt 2 1 /2" S-1 SY 2460 $8 . 50 $20 , 910 . 00
Pavement Marking & Signs LS 1 $2 , 500 . 00 $2 , 500 . 00
Sod (Bahia) SY 2550 $2 . 00 $5 , 100 . 00
Sub-Total $ 1309402. 60
Contingincies 15 % $ 11 %560M
Total Construction Cost w/ Contingincies $ 149, 962. 88
Surveying & Engineering 15% $22,494o43
Total Project Cost $ 172,457. 31
Project Pecentage (%) of Total Intersection Trips 4. 7%
DEVELOPER'S FAIR SHARE CONTRIBUTION $8, 105 .49
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Mobilization LS 1 $2 , 500. 00 $2 , 500. 00
Maintenance of Traffic LS 1 $61000. 00 $6 , 000. 00
Ex. Pvmt Excavation & Disposal SY 860 $7 . 00 $6 , 020 . 00
Curb & Gutter (Type F) LF 1240 $ 10 . 00 $ 12 , 400. 00
Inlet (Type 6) UNIT 2 $21400. 00 $4 , 800. 00
15" RCP Storm Culvert LF 60 $30 . 00 $ 1 , 800. 00
Concrete Sidewalk (5' Wide) SY 960 $ 18 . 00 $ 17 , 280 . 00
12" Stablilzed Sub-Grade SY 2230 $5 . 00 $ 11 , 150 . 00
8" Rock Base SY 2110 $8 . 75 $ 18 , 462 . 50
Asphalt 2 1 /2" S- 1 SY 1980 $8 . 50 $ 16 , 830. 00
Pavement Marking & Signs LS 1 $2 , 500. 00 $21500 . 00
Sod (Bahia) SY 1 $2 . 00 $2 . 00
Sub-Total $999744. 50
Contingincies 15% 14 961 .68
Total Construction Cost w/ Contingincies $ 1149706 . 18
Surveying & Engineering 15 % $ 172205n93
Total Project Cost $ 1310912. 10
Project Pecentage (%) of Total Intersection Trips 19%
DEVELOPER'S FAIR SHARE CONTRIBUTION $3, 825,45
Mobilization LS 1 $5, 000 . 00 $51000 . 00
Maintenance of Traffic LS 1 $ 15, 000 . 00 $ 15 , 000 . 00
Ex. Pvmt Excavation & Disposal SY 215 $7 . 00 $ 1 , 505 . 00
Curb & Gutter (Type F) LF 385 $ 10. 00 $3 , 850. 00
Inlet (Type 6) UNIT 1 $2 , 400. 00 $2 , 400 . 00
15" RCP Storm Culvert LF 100 $30 . 00 $3 , 000. 00
Concrete Sidewalk (5' Wide) SY 20 $ 18 . 00 $360. 00
12" Stablilzed Sub-Grade SY 815 $5 . 00 $41075 . 00
8" Rock Base SY 690 $8. 75 $6 , 037 . 50
Asphalt 2 1 /2" S- 1 SY 690 $8. 50 $5 , 865 . 00
Pavement Marking & Signs LS 1 $5, 000. 00 $51000. 00
Sod (Bahia) SY 850 $2 . 00 $ 1 , 700 . 00
Sub-Total $83, 792. 50
Contingincies 15% 8 068. 88
Total Construction Cost w/ Contingincies $619861 . 38
Surveying & Engineering 15 % $9, 279s2l
Total Project Cost $7' 1 , 140.58
Project Pecentage (%) of Total Intersection Trips 141%
DEVELOPER'S FAIR SHARE CONTRIBUTION $ 10, 101 . 96
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Mobilization LS 1 $5 , 000. 00 51000 . 00
Maintenance of Traffic LS 1 $ 12 , 000 . 00 $ 12 , 000, 00
Ex. Pvmt Excavation & Disposal SY 430 $7 . 00 $3 , 010, 00
Extend IRFWCD Ditch Culvert ( SW) LS 1 $5 , 000. 00 $51000. 00
Relocate Fire Hydrant LS 1 $2 , 000 . 00 $2 , 000 . 00
Curb & Gutter (Type F) LF 960 $ 10. 00 $9, 600 . 00
Inlet (Type 6) UNIT 2 $2 , 400. 00 $4 , 800 . 00
15" RCP Storm Culvert LF 200 $30. 00 $6, 000 . 00
Concrete Sidewalk (5' Wide) SY 480 $ 18 . 00 $8 , 640 . 00
12" Stablilzed Sub-Grade SY 1840 $5 . 00 $9 , 200. 00
8" Rock Base SY 1740 $8 . 75 $ 15 , 225 . 00
Asphalt 2 1 /2" S- 1 SY 1620 $8 . 50 $ 13 , 770 . 00
Pavement Marking & Signs LS 1 $5 , 000. 00 $5 , 000 . 00
Sod ( Bahia) SY 1630 $2 . 00 $3 , 260 . 00
Sub -Total $ 1029606. 00
Contingincies 15% $ 15, 376o75
Total Construction Cost w/ Contingincies $ 117,880. 76
Surveying & Engineering 15% 17 682. 11
Total Project Cost $ 136, 562. 86
Project Pecentage (%) of Total Intersection Trips 2, 6%
DEVELOPER'S FAIR SHARE CONTRIBUTION $3, 624. 63
DEVELOPER'S TOTAL FAIR SHARE CONTRIBUTION $36 ,622 . 29
NORTH
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NMASTELLER
& MOI,ER, INC. MILLSTONE LANDING
CIVIL ENGINEERS EXHIBIT "C"
2.205 14th Avenue
Vero Beach, Florida 321bO 5KETGH OF PROP05ED MURPHY
Ph . (712) 567-5300 DEED RELEASE TO DEVELOPER
Fax M2) 114- 1106
EXHIBIT " D'$
SKETCH OF 35TH AVENUE
DEDICATION TO COUNTY
NORTH
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MMMTEUER MOLER, INC. MILLSTONE LANDING
^ CIVIL ENGINEERS
2.205 14th Avenue EXHIBIT D "
Vero Beach, Florida 32460 5KETGH OF PROP05ED 35TH AVENUE
Ph , M2) 567-5300 R16HT-OF-WAY DEDICATION TO COUNTY
Fax (772) 744- 1106
EXHIBIT " E '
SKETCH OF OFF-SITE
CONTRIBUTING DRAINAGE LIMITS
NORTH
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80 ' " 215T STREET SW "
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65 '
25 ' " 23 RD
STREET SW "
LMAMASTELLER & MOI.ER, >INC. MILLSTONE LANDING
M CIVIL ENGINEERS �
2205 14th Avenue EXHIBIT "E "
Vero Beach, Florida 32gbo SKETCH 8 LEGAL DE5GRIPTION
Ph . (1nZ 567-5300 (OFF-51TE GONTRIBUTING DRAINAGE LIMITS)
Fax (772) 1414- 1106
� F
EXHIBIT " F "
OFF-SITE INTERSECTION IMPROVEMENT COSTS & FAIR SHARE CONTRIBUTIONS