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HomeMy WebLinkAbout2007-116 DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND TOUSA HOMES INC. FOR HERITAGE GROVE SUBDIVISION THIS AGREEMENT, entered this 3rd day of Apr i 1 2007, by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida, 32960 hereafter called COUNTY and TOUSA HOMES INC. , 123 NW 13th Street, Suite 300, Boca Raton, Florida 33432 , hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has applied to develop a residential development to be known as HERITAGE GROVE on approximately 19 acres of land on OSLO ROAD in Indian River County, Project Number 2004030162, the legal description is attached as Exhibit "A" and incorporated herein by reference, and; WHEREAS, the COUNTY is planning to make improvements to Oslo Road in the verynear future; and WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to the improvements to Oslo Road, specifically, a left turn lane accessing the Heritage Grove Development; and WHEREAS, as a result of their development, Developer would be required to plan, construct and install a west bound left turn lane along the south side of Oslo Road to provide access to the subdivision; and WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will transfer responsibility of constructing the turn lane from Developer to the County. 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 . The County has current plans to widen and improve Oslo Road directly in front of Developer' s Subdivision in the near future. If the County would require Developer to construct the turn lane to access the subdivision at this time, the turn lane would be removed during the construction of improvements to Oslo Road. Rather than have Developer Cf\Documents and Settings\lnnarino\Local Settings\Temporary Internet Fires\OLK2E\Heritage Grove Developer Agreennent.doc construct an improvement that will be soon be removed, the County agrees to plan, design and construct a west bound left tum lane on the south side of Oslo Rd at the project entrance. Said improvement is to be constructed with the Oslo Roadway Improvements, County project #9705D. In exchange for constructing the improvement, Developer agrees to pay the sum of $53 ,397 .00 to the County as the Developer' s fair share cost for construction of the turn lane. The Developer shall pay the sum to the County prior to the issuance of a certificate of completion for the subdivision. If said improvement is not complete within 6 years from the date of this agreement, Developer may petition the County Public Works Director for return of the funds. 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 parry 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 . 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. 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 cavy out the terms and conditions hereof and comply with the express intention of this Agreement. 11 . 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 F:1Attomey\Bill0evelopers Agreements\Heritage Grove Developer Agreementdoc 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 . 12 . 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. TOUSA S INC . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: BY: G Its: \V wa % 0*0 � G C ..Wheeler, Cha"jrinan C� BCC Approved`Apri 1 3 ; 207 WITNESS : zip Approved s, s WITNESS : it iv 3 (Corporate seal is acceptable in blace of witnesses) B VAseph A.)Baird, County Administrator Approved as to form and legal ufficiency Attest: k�.� �c� ��. �P I -1) •C . �0 '. Jeffrey K. Barton, Clerk of Court William K. DeBraal Assistant County Attorney F9AttorneyTilliDevelopers AgreementMentage Grove Developer Agreement.doc LEGAL DESCRIPTION HERITAGE GROVE The East 20.29 acres of Tract 4, Section 26, Township 33, 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, of the Public Records of St Lucie County, Florida; less the North 160.00 feet of the East 165.00 feet and canal right-of-way. Said land now lying and being in Indian River County, Florida.