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Home My WebLink About2004-055 z 21f 112004wkd(PWD)jwd DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND LEGEND LAKES THIS AGREEMENT, entered this 16thday of March , 20047 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 Smigiel Partners XII, LTD. , P. O . Box 540623 , Lake Worth, FL 33454 hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has applied to develop a residential community to be known as Legend Lakes Subdivision on approximately 80 acres of land along the north side of Oslo Road between 43 `d Avenue and 58`h Avenue, in Indian River County, Project Number PD-01 -01 -03 , 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 right- turn lane roadway/entrance improvements necessary along Oslo Road to accommodate project traffic volumes, and; WHEREAS, the COUNTY is planning to expand Oslo Road from two lanes to four lanes in the near future along the Legend Lakes frontage, and; WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed Oslo Road 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 l herein. ' 2 . In order to accommodate traffic into Legend Lakes, DEVELOPER would be required to install a right turn lane on Oslo Road at the entrance to Legend Lakes. The COUNTY recently decided to expand Oslo Road from two lanes to four lanes along DEVELOPER' S southern property boundary so any traffic improvements made by DEVELOPER would be used for a short time and then destroyed in the expansion of Oslo Road. Instead of the DEVELOPER constructing the site related right-turn lane and entrance within Oslo Rd . right -of-way as a stand alone project, the DEVELOPER shall pay to the COUNTY the Z • d UNAOS M3HIIHW e60 : 60 �P0 60 Jew 2.1 11 /2004wkd(P W D)jwd sum of $35, 000 prior to April 15 , 2004 as a contribution for construction of the right turn lane and entrance along a portion of Oslo Road . 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 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. 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 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 . E ' d E66E09S6 ' TaE UNAOS M3H11HW eEOc60 b0 60 JeW b V1 l i2094wkd(P W D)jwd 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 C. 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_ SMIGIEL PARTNERS XII, LTD . BOARD OF COUNTY COMNUSSIONERS INDIAN RIVER COUNTY, FLORIDA BY : BY : ` - Gary Smigiel, anaging Partner Caroline D _ Ginn, Chai BCC Approved : 03 - 16 - 2004 WITNESS : Approved : WITNES By�e- 4MIe.40t, (Corporate • t is acce tab in lace oe 'messes) James E . Cunty Ad t0 Att Jeffrey K. Barton Z J Clerk of Court A� rpved as to fY� L� -Ao an Ilea 'iciency : l j 1 unty Attom y -�i Indian River County Approved Date Administration - Budget Co . Atty. is Management Public Works 31110 rt ' d E66E ' 9S6 ' T ZE UNAOS M3H11kJ14 etr0 : 60 trO 60 Jew S 2/ 1 U2004wkd(PW D�wd EXHIBIT A LEGAL DESCRIPTION TRACTS 10 & 151, SECTION 21 , TOWNSHIP 33 SOUTH, RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA. I - SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD. " PRIOR TO TRANSFER, THE TRANSFEREE MUST ASSUME IN WRITING OF A FORM, ACCEPTABLE TO THE COUNTY ATTORNEY, ALL COMMITMENTS, RESPONSIBILITIES, AND OBLIGATIONS OF THE PRIOR DEVELOPER. FAILURE TO GIVE TIMELY NOTICE OR TO PROVIDE THE ASSUMPTION OF PRIOR COMMITMENT VOIDS THE PRELIMINARY APPROVAL." Sad E66E ' 9S6 ' TZE UNAOS M3H11HW etp0 : 60 b0 60 Jew