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Home My WebLink About2006-212 DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA ao o AND SUN SKY USA, LLC THIS AGREEMENT, entered this 13thdayof June 2006, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 251h Street, Vero Beach, Florida, 32960, hereafter called COUNTY, and SUN SKY USA, LLC, 3885 41st Street, Vero Beach, FL 32960, telephone number (772) 567-7663 , hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has applied to expand their existing industrial development on approximately 2 . 75 acres of land on the south side of 41s` Street, between 43 `d Avenue and 38s' Avenue in Indian River County, Project Number SP-MA-05-07-31 (2001010217), 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 on 41s` Street, and; WHEREAS, the COUNTY is planning to make improvements to 4I 't Street, and; WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed 41 " Street 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 true and correct and are thereby incorporated herein. 2. To accommodate increased traffic generated by the facility expansion at Sun Sky USA, a westbound, left turn lane is needed on 41 " Street at the property' s entrance. The COUNTY' S 41 B' Street improvements project includes this turn lane. The DEVELOPER' S fair share cost for construction of the turn lane by the COUNTY is $ 42. 763 . 00. The DEVELOPER shall pay to the COUNTY this sum prior to issuance of a certificate of occupancy, as a contribution for construction of the 41 " Street improvements project . 3 . The COUNTY shall be responsible for all construction coordination including advertisement for bids, contractor selection and construction inspection. 4 . In the event of any 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 �i unless accomplished in writing and executed by all of 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 of 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 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. 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. 15 . 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. I "L IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written . SUN SKY USA, LLC BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA '^ BY: x ' ��A�� ^I,�� lv' BY : Patrice $ui cic, Mana in Member � g g Gary C . Wheeler , Vice Chairman BCC Approved : June 13 , 2006 -WITNESS : - WITNESS :� �, _ Approved : ,,, YY�I11V' 1 ' S : ` (Corpu ate semis acceptable in place of witnesses) By Jos h A. Baird, County �Admmtstriator " 'Y""",: r Attest : DEPUTYCLEREC = ' fp Q Jeffrey K. Barton, Cle of Court � gounty Attorney t ' .. �.� \ (Approved as to form and legal sufficiency) Sj , `l � `. 1 Indian River County Appwed Date Administration hv Budget 2. ,,/� Co. A . % 6 Risk Mana ement Public Works t J V EXHIBIT "A " SUN SKY USA TAX PARCEL NO , 32 - 39-27 -00009 - 0110-00002 . 0 LEGAL DESCRIPTION BEING A PORTION OF TRACT 11 , SECTION 27, TOWNSHIP 32 SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25 , PUBLIC RECORDS OF ST . LUCIE COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS : COMMENCE AT THE NORTHWEST CORNER OF TRACT 11 , AFORESAID SECTION 27 : THENCE RUN SOUTH 89°57 ' 32 " EAST (BASIS OF BEARINGS ) ALONG THE NORTH LINE OF SAID TRACT l I , A DISTANCE OF 654 . 60 FEET TO THE WEST LINE OF THE EAST 20 ACRES OF AFORESAID TRACT H :: THENCE SOUTH 00° 17 ' 51 " WEST, A DISTANCE OF 60 . 00 FEET TO THE POINT OF BEGINNING : THENCE NORTH 89057 ' 32 " WEST , A DISTANCE OF 510 . 00 FEET : THENCE SOUTH 00° 17 ' 51 " WEST, A DISTANCE OF 235 . 00 FEET : THENCE SOUTH 89° 57 ' 32" EAST, A DISTANCE OF 510 . 00 FEET : THENCE NORTH 00017 ' 51 " EAST, A DISTANCE OF 235 . 00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2 . 75 ACRES MORE OR LESS . f1 ,C i SUN SKY USA, LLC FAIR SHARE TURN LANE CONTRIBUTION GIVEN: • Sun Sky USA Project Frontage = 5101. f. • Median Lane Width = 12 feet • Median Lane Benefit = Both Sides of Roadway (50%) • County Project Total Structural Paved Area = 63, 534 S .Y. • County Project Construction Cost = Bid Cost + Change Order No . 1 = $7,470,236. 20 • Assume Survey, Design and Construction Services = 7 % of Construction Cost DETERMINATION OF CONTRIBUTION: • Percentage of Paved Area - Median Lane Area x Benefit 510 l . f x 12 feet x 50% = 3 , 060 s. f. = 340 S . Y. - 340 S . Y . - 637534 S . Y . = . 00535 = . 535 % • Construction Contribution as Percentage of Structurally Paved Area $7,470,236 . 20 x . 00535 = $39,965 . 76 • Survey, Design and Construction Services as Percentage of Construction Cost $39,965 . 76 x . 07 = $2,797 . 60 TOTAL CONTRIBUTION = $391965 . 76 + $2, 797 . 60 = $42, 763 . 36 UI