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Home My WebLink About2004-141 0 5/27/2004wkd(P W D)j wd DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND ® FLINCHUM-SCHLITT DEVELOPMENT II L .L. C . FOR "THE FARMS WEST " SUBDIVISION THIS AGREEMENT, entered this 15th day of June , 2004, between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida, 32960 hereafter called COUNTY and Flinchum- Schlitt Development H, L. L. C . , 656 Bougainvillea Lane, Vero Beach, 32963 hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS , the DEVELOPER has applied to develop a residential subdivision to be known as The Farms West Subdivision on approximately 80 acres of land along the south side of 5t11 Street SW between 66th Avenue and 74th Avenue, in Indian River County, Project Number SD-04-01 -02 / LDP #2003070055 -38211 , 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 roadway/paving improvements along 5th Street SW to accommodate project traffic volumes, and; WHEREAS , both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed 5th Street SW improvements . NOW, THEREFORE, in consideration ofthe 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 . The DEVELOPER hereby agrees to design and construct a two lane road way along a one half ( '/2) mile section of 5th Street SW from the Project ' s entrance to the intersection of 66th Avenue, ( See exhibit B attached) consisting of a 12" stabilized sub-base, 6" coquina rock base, earthwork, and drainage system . The design and construction of the road must be approved by the Indian River County Public Works Department. The coquina base will be primed and graded to the satisfaction of the COUNTY. The COUNTY shall be given two weeks written notice to the Public Works Director prior to final grading and prime. The estimated cost of the above work is $ 100, 000 as proposed by the FAPublic Works\KimMontract & Agr Docs\Developer's AgreementsTarms West Developers Agr.doc 5/27/2004wkd(P WD)jwd DEVELOPER'S Contractor. Developer shall be responsible for obtaining all permits necessary for constructing and finishing this roadway. 3 . The COUNTY shall be responsible for constructing a 1 %2-inch asphaltic concrete wearing surface and striping on the primed base . The estimated cost of the asphalt and stiping is $259000 . 00 . 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 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 . Time is of the essence . If the base is not primed and constructed by July 1 , 2005 , the COUNTY has the right to terminate the agreement. 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 FAPublic Works\KimMontract & Agr Docs\Developer's AgreementsTar s West Developers Ag.doc 5/27/2004wkd(P WD)jwd 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. 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. FLINCHUM- SCHLITT DEVELOPMENT II, LLC BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY : rr BY : Larry Sc litt, Managing Member Caroline D . Ginn, Chairm ad BCC Approved : June 15 , 2004 WITNESS . Approved., , 1� �, .� WITNESSoiscepZable w By , (Corporate sen place of witnesses) Jos h A. i ird, C "' ty wstrator Ilk , Atte Jeey44 , Clerk ofo ' as to 1 g ff iency: ounty Atto y It3 FAPublic Works\KimP\Contract & Agr Docs\Developer's Agreements\Farms West Developers Agr.doc " All EE:XHIBIT LEGAL DESCRIPTION TRACTS 11 AND 12 , SECTION 199 TOWNSHIP 33 SOUTH , RANGE 39 EAST , ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION , AS FILED IN PLAT BOOK 2 , PAGE 25 , OF THE PUBLIC RECORDS OF ST . LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA . EXHIBIT A