Loading...
HomeMy WebLinkAbout2003-055 2/4/03wcg(PWD)jwd DEVELOPER' S AGREEMENT BETWEEN 67 INDIAN RIVER COUNTY, FLORIDA AND TEN SQUARE FARMS , LLC THIS AGREEMENT entered this 4th day March , 2003 , by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 25 ' Street, Vero Beach, Florida, 32960 hereafter called COUNTY and TEN SQUARE FARMS , LLC. 60205 TH STREET SW, VERO BEACH, FL 32968, ATTN : DOLF KAHLE, (PHONE 772-567- 0000) , hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS , the DEVELOPER proposes to develop a residential community to be known as Ten Square Farms on a 112 +/- acre parcel of land west of 74th Avenue, north of 4th Street, (Indian River County Project Number 20020810148 ) , which is legally described on Exhibit "A" attached hereto and incorporated herein by reference, and; WHEREAS , the COUNTY and DEVELOPER share mutual concerns with respect to right- of-way acquisition for roadway improvements for 4th Street in conjunction with the development of Ten Square Farms . and; WHEREAS , both the COUNTY and DEVELOPER can assist each other through a joint effort that will facilitate right-of-way acquisition along 4th Street . 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 . Currently, 4th Street is a 2 -lane unimproved road lying south of an existing canal . The COUNTY may need 100 ' of right-of-way north of the 4th Street canal, if 4th Street is relocated north. If the COUNTY does move 4th Street north of the canal, the DEVELOPER or then current property owners within Ten Square Farms will donate 60' of right-of-way to the COUNTY at no cost to the COUNTY . If, the COUNTY needs an additional 40' of right-of-way, the DEVELOPER or current property owners within Ten FAPublic Works\Rebecca\SITE PLANS\Developer's Agreements\Ten Square Farms-dev.doc 2/4/03wcg(PWD)jwd Square Farms will sell to the COUNTY, at appraised value at time of purchase, the additional right-of-way. 3 . If the COUNTY acquires the right-of-way in 2 above, the COUNTY will permit the three lots affected by this Agreement to have private ingress and egress on 4th Street, subject to COUNTY access spacing and geometric driveway requirements . 4 . Time is of the essence as to all matters pertaining to this Agreement . The relocation shall occur within six years of the date of this agreement or the Agreement will become null and void. 5 . In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to reimbursement of the cost and expenses thereof from the non-prevailing party or parties , including reasonable attorneys fees and including such costs, expenses , and fees incurred on appeals or such litigation . 6 . 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 . 7 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns . 8 . 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 . 9 . 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. 10 , 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 . 11 . 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 . 12 . 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 . L F :\Public Works\Rebecca\SITE PLANS\Developer's Agreements\Ten Square Farms-dev.doc 2/4/03wcg(PWD)jwd 13 . 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 . 14 . 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 . 15 . 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. 16 . 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 . 17 , INSURANCE AND INDEMNIFICATION During the performance of any construction by the DEVELOPER covered by is Agreement, the DEVELOPER shall provide the COUNTY with evidence t t the DEVELOPER ' s Contractor has obtained and maintains the insurance 1 ' ed in the Agreement . A . DEVELOPER ' s Contractor shall procure and maintain r the duration of all construction contracts , insurance against claims injuries to persons or damages to property, which may arise fro or in connection with the performance of the work hereunder by he DEVELOPER, his agents , representatives, employees or sub -cont tors . B . Minimum Scope of Insurance 1 . Worker's Compensation as equired by the State of Florida. Employers Liability of $ 100, 000 ch accident, $ 500, 000 disease policy limit, and $ 100, 000 disease e employee . 2 . General Liabili $ 3 , 000, 000 combined single limit per accident for bodily injury and operty damage . COUNTY shall be an additional insured . Auto Liabili $ 3 , 000, 000 combined single limit per accident for bodily injury and pr erty damage for owned and non-owned vehicles . COUNTY shall be an dditional insured . F :\Public Works\Rebecca\SITE PLAWDeveloper's Agreements\Ten Sqare Farms dev.doc 2/4/03wcg(PWD)jwd 3 . Professional Liability Insurance providing coverage for intentional, reck ss or negligent acts , errors , or omissions committed or alleged to have een committed by DEVELOPER ' s Engineer with a limit of $ 500, 0 per claim/annual aggregate . There shall be no more than $ 5 , 000 deductible per claim amo t unless the DEVELOPER provides a Certified Copy of a financial report hich has been approved by the County Risk Manager. This insurance sha extend coverage to loss of interest, earning, profit, use and business i erruption, cost of replacement power, and other special, indirect and co sequential damages . C . Any deductibles or self-insured retentions greater than , 000 must be approved by the Risk Manager for Indian River County with the ltimate responsibility for same going to the DEVELOPER. D . DEVELOPER' S insurance coverage shall be pri ary. E . All above insurance policies shall be placed w ' insurers with a Best's rating of no less that A + VII. The insurer chosen sh 1 also be licensed to do business in Florida. F . The insurance policies procured shall b per occurrence policies or as generally available on the open insurance mar et . G . The Insurance Carriers shall supp Certificates of Insurance evidencing such coverage to the Indian River Co my Risk Management Department prior to the execution of this Contract . may/ H . The insurance companies s ected shall send written verification to the Indian /�-- River County Risk M gement Department that they will provide 30 days written notice to the ian River County Department of Risk Management of its intent to cancel or t inate said policies of insurance . I. A written safety i pection plan must be submitted to the Indian River County Risk Managem t Department for approval prior to the signing of the contract . J . DEVELOPE shall include in all sub-contracts for sub-contractors the above insurance quirement or show them as insured under its policies or shall furnish separate ertificates and endorsements for each sub -contractor. All coverages for su -contractors shall be subject to all of the requirements stated herein. K. DEV LOPER hereby agrees to indemnify Indian River County and R resentatives thereof from all claims arising solely from intentional, reckless r 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 . F :\Public Works\Rebecca\SITE PLANS\Developer's Agreements\Ten Square Farrns-dev. doc ' r 2/4/03wcg(P WD)jwd IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names , the day and year first above written. TEN SQUARE FARMS , LLC BOARD OF COUNTY COMMISSIONERS 6020 5TH TREET SW INDIAN R COUN Y, FLORIDA VE BEA H, L 32968 B BY : Dolf Kahl 4 Managing Member Kenneth I acht, airman B pproved March 4 , 2003 1 WITNESS : (its . B WITNES r ` J es E . Chandler, ounty Administrator C G (Corporate seal is acceptable in place of witnesses) Atte '62 Jeffrey K. Barton (�ul � Clerk of Court County Attorney F"ndian River County Approved jDateAdministration Budget Co. Atty. 07 Risk Management Public Works 17APublic Works\Rebecca\SITE PLANS\Developer's Agreements\Ten Square Farms dev.doc EXHIBIT "A " LEGAL DESCRIPTION, PARENT TRACT TEN SQUARE FARMS TRACT 7 , AND THE WEST 17 ACRES OF TRACT 8 , SECTION 13 , TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 , PAGE 25 , OF THE PUBLIC RECORDS OF ST . LUCIE (NOW INDIAN RIVER) COUNTY, FLORIDA . F :\Engineering\Kimp\General\Ten Square Farms-Legal Descr jwd.doc i I EEi Z-PDTND CLUP-AG-1 Z-A- 1 I Z-A-1 0 I CLUP-AG-1 CLUP-AG- 1 Moi® Beach p®o ® BO' RR.O.O.W. 8th .t Snd Badd10® COub 3 CANAL C-t t 30' R.O.W. 24ISt ems: La � o-t SECTION LINE 5 SECTION LINE - -� """- ®i - - +AL R--oHt .a� alumm All a I 1 I I 2I I I I eil { I I 49BB3acres 1 3 392ft I , , 508 sq. ft. I 387,469sq. j I I I s. olacres I 8.90 acres I I I l l i 14 $ '• aw I I I POYIC PAM I 12 CLU AG-1 I I Iii (NOT INCLUDED) S CLUP-AG-1 I I �' I I I ❑ !iF I I II III � Qd ; „ PK 412oissq.ft. III SOWN 366,969sq.ft 9.46 acres I 8.42 acres i I I �i U 6 8 s $ , I I I f3L I I I I I 2590 g $ a ! FOELD eo.oq' I N w �{ - - - - - - -{ I 750,595 sq.ft. I � - - - - - — — I I � ' o cn ! I I 17.23 acres I �I IDzp a I I I III I I Ic� b 4208252 sq I I 390, 728sq.ft. I I I I V n i II 9.65 acres i 1 1 8.97acres II I I I I ¢ N e I I Z-A- 1 w z CLUP-AG-1 I i i F Lu I I (NOT INCLUDED) Z-A-1 CLUP I I 120.001 I 130.00' I I I S I I I I ULTIMATE 5 74th Ave. R.O.W. 80.004 0 z 80.00' II e I 7 I 6 II I < � , 380,648 sq.ft. 363,647sq.ft. I 372, 433 sq.ft. I I I fn E I I 8. 74 acres 8. 35 acres 8.55acres I I I EAST SECTION _ 2 I I LINE 12-33-30 L (L i I I 100.00' ULTIMATE c — 1912fY ( PNOPM 5A0T — xis. — — — . — — . — — — — — — . 4th 3L R.O.W I a s R f WED ACCE55 EASEWNI pgHG pApI — —I 5 t _ _ J LATERAL `D" CANAL - 100' IRFWCO R.O.W. Qh �4vr�®Q .Pn Ie uo .p�..a w.. — — — — — — — — — — — — . — 12113/ 020 Z-A-1 1 /4 SECTION LINE wacaNa. CLUP-AG- 1 047373001 r swOE, nuuecn CSP 1 oft TEN SQUARE FARMS ADDITIONAL RIGHT OF WAY 4TH STREET RIGHT OF WAY , TEN SQUARE FARMS A PARCEL OF LAND BEING THE SOUTH 100 FEET OF TRACT 7 AND THE SOUTH 100 FEET OF THE WEST 17 ACRES OF TRACT 8 , SECTION 13 , TOWNSHIP 33 SOUTH , RANGE 38 EAST , INDIAN RIVER FARMS COMPANY SUBDIVISION , ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 21 PAGE 25 , OF THE PUBLIC RECORDS OF ST . LUCIE ( NOW INDIAN RIVER ) COUNTY , FLORIDA .