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Home My WebLink About2007-150 t ORIGINAL DEVELOPER' S AGREEMENT between INDIAN RIVER COUNTY, FLORIDA and TABERNACLE BAPTIST CHURCH OF VERO BEACH, INC, This Developer' s Agreement, entered into this 1 st day of May, 200_L_ by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as COUNTY, and TABERNACLE BAPTIST CHURCH OF VERO BEACH, INC . , hereinafter referred to as TABERNACLE, for the purpose of providing drainage facilities. WITNESSETH : WHEREAS , TABERNACLE owns a 12 . 33 +- acre parcel of land at the southwest corner of Old Dixie Highway and The South Relief Canal , known as Indian River County Tax Parcels 933 -39- 13 -00000-7000 -00029 . 0 and 30 . 0, hereinafter referred to as "parent tract" as described in Exhibit `B ' , attached hereto and incorporated herein by reference, and, WHEREAS , both COUNTY and TABERNACLE share mutual concerns with respect to road and drainage facilities for Old Dixie Highway, replacement of the bridge over the South Relief Canal , and future expansion of TABERNACLE ' S property located adjacent to Old Dixie Highway; and WHEREAS, both the COUNTY and TABERNACLE can assist each other through a joint effort that will facilitate widening the road, replacing the bridge, and providing stormwater treatment. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises , covenants, and premises hereinafter, the COUNTY and TABERNACLE agree as follows : 1 .The above recitals are affirmed as being true and correct and are thereby incorporated herein . 2 .Within 30 days of execution of this AGREEMENT by all required parties, TABERNACLE shall convey to COUNTY by warranty deed , a parcel of land in the northeast corner of the parent tract for construction of a drainage retention facility. Said parcel shall contain 35 ,080 . 9 square feet or . 80 acre (legal description attached as Exhibit "A") . The COUNTY shall pay to the TABERNACLE the sum of $ 103 , 000 . 00 for said parcel . In addition. COUNTY shall pay TABERNACLE the sum of $ 1 ,750 . 00 as reimbursement for a real estate appraisal of said parcel that was previously paid for by TABERNACLE. 3 .The COUNTY shall construct at the COUNTY ' S sole cost and expense, a new 3 -lane bridge at Old Dixie Highway over the South Relief Canal, and road widening and paving improvements to provide left turn lanes at 1 st Street and 2nd Street . 4. The COUNTY shall construct its retention pond and outfall structure to the South Relief Canal north of the Exhibit "A" parcel (or as permitted by granting authorities) . COUNTY will oversize its outfall pipe in the event TABERNACLE may F: Tublic WarksVCapital Proiects0evelopers Agreements\TabemacleBaptistChurohl0-12-06 doc 1 RETURN To !, t2 , Coua; ry decide to utilize the option in Paragraph 5 below in the future . This work will coincide with the Old Dixie Highway/South Relief Canal Bridge Replacement and related Roadway Improvement Project, when and if actually constructed . COUNTY shall be responsible for maintenance of its pond in perpetuity. 5 . Should TABERNACLE decide to develop the Remainder parcel and wishes to join to and expand said pond for stormwater capacity, TABERNACLE shall be responsible for constructing TABERNACLE ' S portion of the retention pond, based upon TABERNACLE ' S runoff needs . Should TABERNACLE exercise this option, TABERNACLE shall be responsible for maintenance of the extended pond in perpetuity and TABERNACLE shall re-purchase from COUNTY, the strip of land (maintenance area) between the west side of the pond (water' s edge, or top of bank) and TABERNACLE ' S property line (approximately 24 feet x 186 . 5 feet) . The Purchase Price shall be the (then) current market value of the said land. For said payment, COUNTY shall convey by deed the entire pond site in exchange for TABERNACLE taking over the maintenance. Maintenance shall include the entire pond, including both, TABERNACLE' S portion, COUNTY' S portion, and any future expansion of COUNTY' S portion. COUNTY shall be granted a permanent non-exclusive easement for the perpetual use of the pond, and COUNTY shall reserve the right to expand the pond to the east for future further widening of Old Dixie Highway. If necessary, TABERNACLE shall also pay COUNTY the (then) current cost difference between the standard size and oversized pipe. 6 .Time is of the essence as to all matters pertaining to this Agreement. 7.In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to reimbursement of the costs and expenses thereof from the non- prevailing party or parties, including reasonable attorneys ' fees and including such costs, expenses, and fees incurred on appeals of such litigation . 8 .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 . 9 .This Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns and shall survive the issuance of deeds pursuant to paragraphs two and seven hereof. IO. 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 . I I . 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. 12 . This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on a 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. 13 . Whenever the singular number is used in this Agreement and -vvhen required by the context, the same shall include the plural , and masculine, feminine, and neuter genders shall each include the others . 14. COUNTY and TABERNACLE shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and FAPublic Works\Capital ProjectslDevelopers Agreements\TabemacleBaptistChurchl0- 12-06.doc 2 cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. 15 .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 . 16 .All words, terms, and conditions contained herein are to be read in concert, each with the other, and a provision contained within one paragraph may be considered to be equally applicable within another in the interpretation of this Agreement. 17 . The words herein and hereof and words of similar import, without reference to any particular section or subdivision of the Agreement, refer to this Agreement as a whole rather than to any particular section or subdivisions hereof. 18 . 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. 19 .All rights conveyed to the TABERNACLE in this Agreement are transferable . 20 .This Agreement is subject to final approval by the Board of County Commissioners of Indian River County. IN WITNESS WHEREOF the COUNTY and TABERNACLE have caused these presents to be executed in their names , the day and year first above written. TABERNACLE BAPTIST CHURCH BOARD OF COUNTY COMMISSIONERS OF VERO BEACH, INC . INDIAN RIVER COUNTY. FLORIDA 51 Old Dixie Highway 1840 25th Street Vero Beach, Florida 322996`2, Vero Beach, Florida 32960 Byc1 ---C r By: /10Z �y ,WjSyQm Printed name: Gary 7ieeler, 'C1iiFi�an, B . C . C. As : �� Director' c Witne Attest: 4 r1 � ee Xey ,pia Cdd?k of ourt Witness : t � c (Corporate Seal is acceptable in place APPgy ' Ag �p 'FORM of witnesses) AND LECty,FFICI CY STATE OF FLORIDA BY K. COUNTY OF INDIAN RIVER ASS S ANIT AM COUNTY ATAAL ORNEY The foregoing instrument was acknowledged before me this 1— day ofAQL i ..I _�_ 200a_ by '�1y�,' <, (� h xn as Director of Tabernacle Baptist Churc' h of Vero Beach, Inc . , on behalf of the Corporation . Qj,0She ismrsonally known to or produced as identification. OTARY PUBLIC Printed Name and Commission # Sigr� Yr2�Lq Fi\Public WorkslCapital Projects\Developers Aereemen[s\7abemacleBap[istChurchl0- 12-06PAMELA J. PRIDEMOREdoc Notary Public. State,M Florida My Comm. Exoires Sett 20. 20:^: - OLYKi447q + 16o 0 30 60 120 POND SITE LEGAL DESCRIPTION A parcel of land in the S.W. 1 /4 of the S. E. 1 /4 of Section 13 , Township 33 South , Range 39 East, Indian County, Florida . More particularly described as follows: GRAPHIC SCALE ( IN FEET ) Begin at the intersection of the South right- of-way R /w l POINT OF line of the South Relief Canal (250 ' R/W) and the present West right-of- way line of Old Dixie Highway (R/W varies) and BEGINNING run Southeasterly, along the said West right-of-way line of PNP� \ Old Dixie, a distance of 137 . 1 feet, more or less to the GO North right-of- way line of 1st Street (35 ' R/W) as depicted RE� 1FF \ �� on the Replat of Whispering Palms Unit 2, recorded in Plat SOv� N Book 6, Page 61 of the Public Records of Indian River O County, Florida ; Thence run Southwesterly, along the said North right-of-way line of 1st Street, a distance of 263 . 8 feet, mor or less , to the West line of the East 1 /2 of the S.W. 1 /4 of `r said Section 13; Thence run Northerly, along the said West line, S a distance of 186.5 feet, more or less to the South right-of- way line of the South Relief Canal (250' R/W) ; Thence run w Northeasterly, along the said South line of the South Relief P y� Conal , a distance of 190 feet, more or less , to the POINT : 0 3 0 -7 OF BEGINNING. Containing 35 ,080. 9 square feet, more or less , or \ 0. 80 acres. R � �NI Now lying in Indian River County, Florida . � 1n Z N MOTES ��5 7 q 1 . This sketch and description is not valid without the ° signature and the original raised seal of the Florida cv c)•(R� �tfl registered Surveyor and Mapper named hereon . 2 . This sketch and description meets or exceeds all 1 \\o t". applicable requirements of the Minimum Technical0 ` Standards as established in Chapter 61G17- 6 , m o Florida Administrative Code. LLJ D # 3. This sketch and description and adjoining parcels may be subject to easements, restrictions, reser- ° i found or right-of- ways not shown and may be LEGEND & ABBREVIATIONS Gy found in the Public Records, 4. This sketch and description does not represent a J P . B . = Plat Book field survey. Existing property conditions or features U) PG . = Page �� X are not shown . = a CERTIFICATION R/W O . R . B . —Right -of- Way Official Record Book �� Z�� o Surveyor P� in ' ,res-p6tsible 'charge I . R . C . R . = Indian River County Records � y 'l8lza ' THIS IS NOT A BOUNDARY SURVEY �0 ) Michael O ' Brien P . S . M . ' Date o Florida Registration No . LS 61118r SKETCH TO ACCOMPANY LEGAL DESCRIPTION o Indian River County Surve or , PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT Q eowR RIVER 0 NTY25t ADSRIsRWnoH BUILOINa .' INDIAN RIVER COUNTY LAPPROWD Y SECTION 13 sREEr law zsrh sneEEr ROACH SKETCH AND DESCR/PT/ON OF f • VERO BEACH, FL 32960 O8,00H Jen! of Pub//c WOri('S BY: TOWNSHIP JJS (nz) ss7-e000 EDivisionOBR/EN RANGE 39E S. Re/!ef Cana%O/d Dixie Pond Site IIEXHIBIT IN. MINOWSKIN.F., li Boom B HKIIHILSFOR SIR BRI - SINN s f —E 14 13 11 13 � R OFF DRI PAM (0NVX)FUhII + � e } l BONUS ,Psem „Ho II UI NI — SPUR NUU!ZARUF n , a. I �. NPROU �IS US RON AUL PHASE IV BLDUI III -IN I ��Y 1 F ; a g' Ig ! V . 1 .1 31 KN. PF : fI —�— I I AN _ tId , AREiVT .. � ; ,s 12 INNS v IF ” IN am B, �) INFONMATIO"LPIAT NOTA SURVEY — — Th mIS PUPF PRI SPRUSNOF INS, I It :