HomeMy WebLinkAbout2004-0023300
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F:\Public Works\Capital Projects\Forty-Third Avenue\contracts&agr\GBC12-8-03.agr.doc
1507481
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1681 PG:897, Pagel of 7
01/12/2004 at 04:01 PM,
DEVELOPER'S AGREEMENT
between
INDIAN RIVER COUNTY, FLORIDA
and JEFFREY K BARTON, CLERK OF
GRACE BAPTIST CHURCH OF VERO BEACH, INrRT
d 9 -002 -
This Agreement, entered into this 6th day of January , 2004 by
and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of
Florida, by and through its Board of County Commissioners, hereinafter referred to as
`COUNTY" and GRACE BAPTIST CHURCH OF VERO BEACH, INC., hereinafter
referred to as "GRACE BAPTIST', for the purpose of providing surface and storm water
runoff drainage facilities.
WITNESSETH
WHEREAS, GRACE BAPTIST owns a 3.64 acre parcel of land along the west
side of 43 d Avenue, north of 12th Street, known as Tax Parcel ID #09-33-39-00001-
0080-00002.0, as described in Exhibit "A' (The Property), and
WHEREAS, both the COUNTY and GRACE BAPTIST share mutual concerns
with respect to drainage facilities for 43rd Avenue and GRACE BAPTIST'S property
located adjacent to 43rd Avenue, and
WHEREAS, both the COUNTY and GRACE BAPTIST can assist each other
through a joint effort that will facilitate better drainage in the area; and
WHEREAS, 'Surface Water or Stormwater Management System" means a
system which is designed and constructed or implemented to control discharges which
are necessitated by rainfall events, incorporating methods to collect, convey, store,
absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over drainage,
environmental degradation, and water pollution or otherwise affect the quantity and
quality of discharges from the system, as permitted pursuant to Chapters 40C-4, 40C-
40, or 40C-42, F.A.C., and
WHEREAS, "Maintenance" of the surface water or stormwater management
system(s) shall mean the exercise of practices which allow the systems to provide
drainage, water storage, conveyance or other surface water or stormwater
management capabilities as permitted by the St. Johns River Water Management
Page 1 of 5
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D istrict. The parties to this Developer's Agreement shall be responsible for such
maintenance and operation as specifically set forth in this Agreement. Any repair or
reconstruction of the surface water or stormwater management system shall be as
permitted, or if modified as approved by the St. Johns River Water Management
D istrict, and
WHEREAS, any amendment to this Developer's Agreement which alters the
surface water or stormwater management system, beyond maintenance in its original
condition, including the water management portion of the common areas, must have
the prior approval of the St. Johns River Water Management District, and
WHEREAS, the St. Johns River Water Management District, COUNTY, and
G RACE BAPTIST shall have the right to enforce, by a proceeding at law or in equity,
the provisions contained in this Developer's Agreement which relate to the
maintenance, operation and repair of the surface water or stormwater management
system.
NOW, THEREFORE, in consideration of the mutual terms, conditions promises,
covenants and premises hereinafter set forth, the COUNTY and GRACE BAPTIST
agree as follows:
1. The above "WHEREAS" clauses are adopted and incorporated herein.
2. As part of the 43rd Avenue Improvements Project, the COUNTY shall
design, permit, and construct inlets, structures and piping to direct runoff
from 43rd Avenue between 12th Street and 13th Place to an existing
stormwater retention pond on GRACE BAPTIST'S property as shown on
Exhibit B attached
3. The COUNTY shall be responsible for the perpetual maintenance of the
improvements within the 43rd Avenue rights-of-way, The COUNTY shall
clean up any toxic/hazardous spills that occur within the 43rd Avenue
rights-of-way, including clean up of the spill if it extends onto GRACE
BAPTIST'S property.
4. The COUNTY shall incorporate an inlet structure in the 43rd Avenue
project design to protect large rubbish from washing in the pond from the
road.
5. GRACE BAPTIST shall design and permit modifications to their existing
stormwater retention pond to accommodate the runoff from the GRACE
Page 2 of 5
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BAPTIST'S site and from the adjacent 43rd Avenue project area (12th
Street to 13th Place).
6. The COUNTY shall provide all designs and drainage calculations
previously developed by COUNTY'S design consultant, so as to assist
GRACE BAPTIST'S design and permitting activities. The report titled
"Stormwater Management Calculations for 43rd Avenue Improvements" by
Carter Associates, Inc., dated November 26, 1997 (revised June 19,
1998) is hereby referenced and made a part of this Agreement.
7 GRACE BAPTIST shall provide COUNTY with a certified copy of the
drainage calculations and the stormwater permit from St. Johns River
Water Management District stating that the COUNTY has future retention
usage of the pond system for the road areas from 12th Street to 13th
Place, defined in the Carter report, when the 43rd Avenue Improvements
Project is constructed.
8. GRACE BAPTIST shall be responsible for perpetual maintenance of the
pond system and associated vegetation, as required by permit, and
hereby grants the COUNTY a permanent drainage easement to drain
surface and storm water runoff from 43rd Avenue between 12th Street to
13th Place into the storm water retention pond system on the Property,
and through the outfall structure to the Indian River Farms Water Control
District sub -lateral Canal B-2. Indian River County is also granted the
right, but not the obligation, to perform emergency maintenance on the
system. The parties shall execute a separate drainage easement that
shall be recorded simultaneously with this Agreement.
9. The COUNTY shall install at least 1 tree along GRACE BAPTIST'S
frontage on 43rd Avenue, and shall preserve the 2 existing Oak Trees, as
a part of the road project's uniform landscape plan, at no cost to GRACE
BAPTIST.
10. The COUNTY shall install a decorative split -rail fence between GRACE
BAPTIST S stormwater pond and the new sidewalk along 43rd Avenue at
no cost to GRACE BAPTIST, to prevent pedestrians from inadvertently
falling into the pond.
11. GRACE BAPTIST hereby grants a Temporary Construction Easement on,
Page 3 of 5
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k
over, across, and beneath the "The Property" to facilitate construction of
the COUNTY'S Project. This easement shall exist only until completion of
the construction work.
12. The COUNTY or COUNTY'S contractor, shall execute all construction
work necessary on GRACE BAPTIST'S site to modify the existing
stormwater retention areas as part of the 43rd Avenue project.
13. All excavated material from the pond(s) shall be the property of GRACE
BAPTIST.
14. GRACE BAPTIST shall have the right to relocate or otherwise change the
pond so long as its functionality for the COUNTY'S stormwater is
maintained.
15. The COUNTY shall pay GRACE BAPTIST for the following:
a. One-time payment for COUNTY portion
of the perpetual maintenance of the pond.
b. Premium for perpetual right to drain
stormwater into GRACE BAPTIST'S pond.
c. Cost of Engineering Services for GRACE BAPTIST
Consultant to modify existing permits
•
$ 20,000.00
$ 10,000.00
$ 5,000.00
Total = $ 35,000.00
16. The COUNTY'S payments are in consideration of GRACE BAPTIST'S
perpetual maintenance of the system and the COUNTY'S perpetual right
to drain into the pond. The COUNTY shall make payment upon receipt of
GRACE BAPTIST'S request, after completion of the construction of the
modifications to the pond. The COUNTY shall make payment for the cost
of engineering services as GRACE BAPTIST'S consultant progresses with
the designs and requests partial payments, and will make final payment
upon submission of the certified copy of the stormwater permit from
SJRWMD. The COUNTY shall make payment in accordance with the
Florida Prompt Pay Act
17. Upon GRACE BAPTIST'S execution of this Agreement, GRACE
BAPTIST'S heirs, legal representatives, successors and assigns will be
bound by it. This Developer's Agreement shall be recorded in the public
records of Indian River County.
18. This Agreement, regardless of where executed, shall be governed by and
Page 4 of 5
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construed according to the laws of the State of Florida. Venue for any
lawsuit brought by either party against the other party or otherwise arising
out of this Agreement shall be in Indian River County, Florida, or, in the
event of federal jurisdiction, in the United States District Court for the
Southern District of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Developer's Agreement
to be executed by their duly authorized officials on the day and year first written above.
GRACE BAPTIST CHURCH
OF VERO BEACH, INC.
By:
Robert Hinkle
Chairman
lam-if—�.�c
Witnes
e Elder Boar
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By•
fee
e( xJ
Caroline D. Gi nrj Chairm
By 41 I
•
Jig es E Chandler, Cou 41, Adf inistr;
I /
Witness:
(Corpo
accep
it esses)
GRACE BAPTIST CHURCH
OF VERO BEACH, INC.
Howard T. Powell
Chairman of the Trustee Board
Witness
Witness:
(Corporate Se
s acceptable in place of witnesses
l lia G Collins, II, Coun y Attorney
(approved as to form and legal sufficiency)
Approvedxbi
Attest: Je
By
,4anuary 6, 2004
K. Barton, Clerk of Circuit Court
Indian River County
Administration
Budget
Co. Attorney
Ai,r vwri Date
/a
afr
Risk Management
Department
Division
Bs
L
Page 5of5
05
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EXHIBIT "A°
t
The South 315 feet of the following described parcel of land:
Commencing at the Northeast corner of Tract 8, INDIAN RIVER FARMS
COMPANY'S SUBDIVISION. of Section 9, Township 33 South, Range 39
East, according to the Plat thereof, as recorded in Plat Book 2, at Page
25, of the Public Records of St. Lucie County, Florida; run South on the
East line of said Tract 8 a distance of 345 feet to -the Point of Beginning;
thence run West and parallel to the North line of said Tract 8 a distance
of 538 feet to a pipe; thence run in a Southerly direction a distance of
647.5 feet to a pipe; thence run East a distance of 545 feet to the. East
line of said Tract 8; thence run North on the East line of said Tract 8 a
distance of 635 feet to the Point of Beginning; LESS AND EXCEPT
THEREFROM the East 50 feet thereof; said lands situate, lying and
being in Indian River County, Florida.
•
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3 i 2
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13TH PLACE
T T T
L EI W I L S U
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Grace
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12TH STREET
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Thiff document was prepared by
and should be returned to
the County Attorney's Office,
j$40 25th St" Vero Beach;
B29641f •.,::
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EASEMENT
1507784
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1681 PG:1788, Pagel of 4
01/13/2004 at 02:49 PM,
D DOCTAX PD $70.00
JEFFREY K BARTON, CLERK OF
COURT
THIS GRANT OF EASEMENT, made and executed this /7m day of
boccw4)er , 2003, by GRACE BAPTIST CHURCH OF VERO BEACH, INC.,
formerly known as Grace Baptist Fellowship of Vero Beach, Inc., a Florida
nonprofit corporation, whose mailing address is 1285 43rd Avenue, Vero Beach,
Florida 32960, hereinafter called GRANTOR, to INDIAN RIVER COUNTY, a
political subdivision of the State of Florida, having a mailing address of 1840
25th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE
WITNESSETH:
That GRANTOR for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby
acknowledged by these presents does grant, bargain, sell, alien, remise, release,
convey, and confirm unto the GRANTEE, a perpetual easement for drainage over
and across and beneath the following described land, situate in Indian River
County, Florida, to -wit
See Exhibit "A" attached hereto.
to drain surface and stormwater runoff from 43rd Avenue between 12th Street to
13th Place into the stormwater retention pond system on Grantor's property and
through the outfall structure to the Indian River Farms Water Control District sub -
lateral Canal B-2
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And GRANTOR hereby covenants with said GRANTEE that the
wGRANTOR is lawfully seized of said servient land in fee simple, and that the
o GRANTOR has good right and lawful authority to convey the easement
a established hereby and will defend the same against the lawful claims of all
persons whomsoever
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a
GRANTOR shall be responsible for perpetual maintenance of the pond
system and associated vegetation, as required by St. Johns River Water
Management District permit GRANTEE is granted the right, but not the
obligation, to perform emergency maintenance on the pond system.
•
IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S
hand and seal the day and year first above written.
Signed, sealed and delivered in
the presence of:
signature
printed name.•
.
signature:
printed name:
GRACE BAPTIST CHURCH OF VERO
BEACH, INC., formerly known as
Grace Baptist Fellowship of Vero
Beach, Inc., a Florida nonprofit
corporation
GRANTOR
C\Ok)(61Lk- By 11%,:l
gt. Robert Hinkle
Chairman of the Board of Elders
signatur
printed na
signatur
printe• n : Ceort Snowy/
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
By.
Howard T. Powell
Chairman of the Board of Trustees
The foregoing instrument was acknowledged before me this /9Tµ day of
,december , 2003, by Robert Hinkle, Chairman of the Board of Elders of
Grace Baptist Church of Vero Beach, Inc., a Florida nonprofit corporation, on
behalf of the corporation. He is personally known to me or who has produced
19/7 reel b`e eksc as identification.
(SEAL):
NOTARY PUBLIC
printed name. William M -Neo, ,,, Welham M. Napier
Commission No.:DD2lgo63 ;� t'"Y" ;�; Commission #DD219063
Commission Expiration: =• Expires: Jun 02, 2007
6/2/o
7 �.... Atlantic Bonding Co., Inc.
F:\attorney\nancy\DOCS\PLAN\grace baptist easement.doc
2
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this /`l"1 day of
Deceb,er- , 2003 by Howard T. Powell, Chairman of the Board of Trustees
of Grace Baptist Church of Vero Beach, Inc., a Florida nonprofit corporation, on
behalf of the corporation. He is personally known to me or who has produced
Dr vers License- as identification.
(SEAL):
William M. Napier
1.7:6,
Commission HDD219063
y. Expires: Jun 02, 2007
+� • • • •�i?; Bonded'lhru
' Atlantic Bonding Co., Inc.
NOTARY PUBLIC
printed name. Will lam A4.. Nom; r,—
Commission No ' DP 2 t qo6 3
Commission Expiration: 06 /021200.
FAattomey\nancy\DOCS\PLAN\grace baptist easement.doc
3
1
EXHIBIT "Asti
The South 315 feet of the following• described parcel of land"
Commencing at the Northeast comer of Tract 8, INDIAN RIVER FARMS
COMPANY'S SUBDIVISION. of Section 9, Township 33 South, Range 39
East, according to the Plat thereof, as recorded in Plat Book 2, at Page
25, of the Public Records of St. Lucie County, Florida; run South on the
East line of said Tract 8 a distance of 345 feet to the Point of Beginning;
thence run West and parallel to the North line of said Tract 8 a distance
of 538 feet to a pipe; thence run in a Southerly direction a distance of
647.5 feet to a pipe; thence run*East a distance of 545 feet to the. East
line of said Tract 8; thence run North on the East line of said Tract 8 a
distance of 635 feet to the Point of Beginning, LESS AND EXCEPT
THEREFROM the East 50 feet thereof; said lands situate, lying and
being in Indian River County, Florida.
Phis dobuntent was prepared by
and should be returned to
the County Attorney's Office,
11340 25th St., Vero Beach,,
Florida ;,, 3296Q
J 1)eV
f\b
CONSENT AND JOINDER OF MORTGAGEE
1507783
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1681 PG:1785, Pagel of 3
01/13/2004 at 02:49 PM,
JEFFREY PC BARTON, CLERK OF
COURT
INDIAN RIVER NATIONAL BANK, organized and existing under the laws
of the United States of America, having a mailing address of P. 0 Box 1030,
Vero Beach, Florida 32961 (Mortgagee), the owner and holder of that certain
mortgage upon land described therein, situated in Indian River County, Florida,
which mortgage is recorded in 0 R Book 1073 Page 1097 together with related
Assignment of Rents recorded in 0 R Book 1073, Page 1103, and as modified
by instrument recorded in 0 R Book 1087, Page 1628, of the Public Records of
Indian River County, Florida hereby consents and joins in the making of a
drainage easement in favor of Indian River County, a political subdivision of
the State of Florida, having a mailing address of 1840 25th Street, Vero Beach,
Florida 32960, by Grace Baptist Church of Vero Beach, Inc., a Florida
nonprofit corporation, formerly known as Grace Baptist Fellowship of Vero
Beach, Inc , whose mailing address is 1285 43rd Avenue, Vero Beach, Florida
32960 (Mortgagor), on the following described property:
See Exhibit "A" attached hereto.
Mortgagee agrees that the granting of this easement shall in no way affect its
ability to foreclose its lien of its mortgage on the property described in the
mortgage noted above, but that it shall be subordinated to and subject to this
grant of easement and that said easement shall run with the land in perpetuity.
Signed, sealed and delivered in
the presence of:
INDIAN RIVER NATIONAL BANK
sign: J4i2 By
print name. G'eskjA Stn,TH p ' - • _ u e.ce_L,39-t r1--rl.
title: s,t. V e
sign: L%' )d
print name.
APPROV D AS TO FOR
AND L� LSU IC
ILLIAM DEBRAAL
ASSISTANT COUNTY ATTORNEY
ktoe
ivy /Vi%ir
1
President, V.P., or CEO
(SEAL)
STATE OF FLORIDA
COUNTY OF �T1bwJ Rri/QZ.
The foregoing instrument was acknowledged before me this 17* day of
bete1nGR , 2003, by j KR.) Srn I'TN , the Sr. Vice. President of Indian
River National Bank organized and existing under the laws of the United States
of America, on behalf of said bank. He/she is (personally known)to me or has
produced as identification.
GLENDA SMITH
le
MY COMMISSION # CC 964005
EXPIRES: August 28, 2004
Bonded Thru Notary Public Undernritera
2
NOTARY PUBLIC
sign: /ite./1Ca_ 34,14114i
print name. G(SUM .Sm 1 TH
Commission No.: CCQts 4 5
Commission Expiration: R 28 0
F:\attomey\nancy\DOCS\PLAN\GRACE BAPTIST consent and joinder.doc
EXHIBIT "A"
The South 315 feet of the following described parcel of land:
Commencing at the Northeast comer of Tract 8, INDIAN RIVER FARMS
COMPANY'S SUBDIVISION. of Section 9, Township 33 South, Range 39
East, according to the Plat thereof, as recorded in Plat Book 2, at Page
25, of the Public Records of St. Lucie County, Florida; run. South on the
East line of said Tract 8 a distance of 345 feet to the Point of Beginning;
thence run West and parallel to the North line of said Tract 8 a distance
of 538 feet to a pipe; thence run in a Southerly direction a distance of
647.5 feet to a pipe; thence run -East a distance of 545 feet to the. East
line of said Tract 8; thence run North on the East line of said Tract 8 a
distance of 635 feet to the Point of Beginning; LESS AND EXCEPT
THEREFROM the East 50 feet thereof; said lands situate, lying and
being in Indian River County, Florida. •