Loading...
HomeMy WebLinkAbout2015 - River Park Plaza, LLCRecord and return to: Bruce Barkett, Esq. Collins, Brown, Caldwell, 3120150012854 Barkett, Garavaglia & Lawn, Chid. RECORDED IN THE PUBLIC RECORDS OF 756 Beachland Blvd. JEFFREY R SMITH, CLERK OF COURT Vero Beach, FL 32963 INDIAN RIVER COUNTY FL BK: 2827 PG: 1100 Page 1 of 9 3132015 4:03 PM DEVELOPER'S AGREEMENT AND GRANT OF EASEMENTS This Developer's Agreement and Cross -Access Easement ("Agreement") is made this C&I, day of , c , 2015, by and between RIVER PARK PLAZA, LLC, a Florida limited liability cow mpaify, ("River Park"); and THE CITY OF SEBASTIAN, a municipal corporation in the State of Florida ("City'). River Park and City are sometimes hereinafter referred to individually as a "Party" and collectively as "Parties". WITNESSETH: WHEREAS, River Park is the owner in fee simple of the following described property located in Indian River County, Florida (the "River Park Plaza"): See Exhibit "A" attached hereto and made a part hereof. WHEREAS, City is the owner in fee simple of the following described property located in Indian River County, Florida (the "City Property"): See Exhibit "B" attached hereto and made a part hereof. WHEREAS, the River Park Plaza and the City Property adjoin each other and are collectively referred to as the "Properties". WHEREAS, River Park has applied to the City for site plan approval to make certain improvements, including the construction and addition of parking spaces, on River Park Plaza and on the City Property, which site plan is known as Riverview Park Paved Overflow Parking ("Site Plan"); and WHEREAS, the parties have agreed that upon completion of construction of the Site Plan, including construction of twenty eight (28) parking spaces on City Property, those twenty eight (28) parking spaces shall be included in the "required parking" calculations for River Park Plaza and any subsequent uses of the River Park Plaza Property; and WHEREAS, the parties desire to grant and establish a perpetual non-exclusive ingress/egress and access easement across the paved driveway areas and aisles on the City Property and on River Park Plaza to permit pedestrian and vehicular traffic between the properties; and WHEREAS, the Parties desire to grant and establish a perpetual non-exclusive parking easement to River Park, as stated herein; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree to the following terms, covenants, restrictions and grants: 1. The foregoing recitals are incorporated as if fully restated herein. 2. Upon approval of the Riverview Park Paved Overflow Parking Site Plan by the City, (a copy of the Site Plan being attached hereto as Exhibit "C" incorporated by the reference), River Park shall construct improvements depicted on the Site Plan, at its own cost and expense, and all work on City Property shall proceed in accordance with all applicable laws and regulations, including the Sebastian City Code. The City shall have the right to inspect all work on City Property at any time and from time to time during construction, 3. A. All construction on City Property shall be completed within 90 days after commencement, unless the City agrees in writing to an extension of time for good cause shown. B. Upon completion of the Site Plan and after final inspections and approval by the City all parking spaces constructed by River Park fully or partially on City Property shall be counted and included in the "required parking" calculations for River Park Plaza, including subsequent uses of the River Park Plaza Property. The Parties agree that the number of parking spaces on the City Property (off-site parking spaces) to be included in the "required parking" calculations for River Park Plaza is twenty eight (28) parking spaces, which includes twenty six (26) standard parking spaces, plus two (2) handicap parking spaces. All parking spaces located completely on City Property shall be open to the public for parking until and unless the City determines otherwise. C. River Park shall defend, hold harmless, and indemnify the City, including the City's counsel members, employees, and agents, from and against all claims, causes of action, losses, damages, expenses, including reasonable attorney's fees, and other liabilities arising out of or relating to River Park's construction activities on City Property, whether negligent or intentional, including the negligent or intentional acts of River Park's employees, agents, contractors, or subcontractors. River Park or its contractor shall obtain and keep in force at all times during construction on City Property a general liability insurance policy, occurrence based, with a general aggregate limit of no less than $300,000.00, and a single occurrence limit of $200,000.00. The City shall be named as additional insured. 4. Grant of Parking Easement to River Park Plaza, LLC. Subject to the express terms, conditions, and limitations of this Agreement, City does hereby grant and convey to River Park, its permitees, successors, and assigns, a non-exclusive, perpetual easement for pedestrian and vehicular access, ingress and egress, and vehicular parking, over and across that certain portion of the City Property designated for vehicular access and parking on the Riverview Park Paved Overflow Parking Site Plan, attached hereto as Exhibit "C". The easement granted herein includes the right of River Park to enter upon the City Property for the purposes of construction and completion of the Riverview Park Paved Overflow Parking Site Plan. The easement granted herein is specifically not intended to grant any right of cross parking by the City or its permitees to park on the River Park Plaza Property. The City hereby reserves the right to modify, relocate and/or reconfigure the parking areas in its sole discretion but with notice to River Park, or its successors or assigns; provided, however, the relocation or reconfiguration of the parking area shall not deprive River Park of continued and uninterrupted access to and from the easement area of similar quality and utility as currently shown on the Site Plan, nor shall it impair or diminish River Park's right to include the twenty eight (28) parking spaces shown on the City Property as part of the "required parking" for River Park Plaza. 5. Cross -drive Easement. River Park and the City hereby grant, convey, declare and establish in favor of their respective Properties described herein, a perpetual non-exclusive ingresslegress and access easement over and across the paved driveway area and driving aisles within each parcel to permit and allow pedestrian and vehicular traffic between, to, and from their respective parcels; provided, however, that nothing herein shall be deemed to grant any right of cross parking by City or its permitees to park on River Park Plaza Property. The City and River Park each reserve the right to relocate, and/or reconfigure the paved driveway areas and driving aisles within their respective parcels, provided; however, the relocation or reconfiguration shall maintain continuous vehicular access from and across both properties to Harrison Street and to U.S. Highway 1. 6. Maintenance. River Park shall be responsible, at its own cost and expense, for all maintenance, alteration, and repair of the River Park Plaza. City shall be responsible, at its own cost and expense, for all maintenance, alteration, and repair of City Property. Each party agrees to keep its respective property in a clean, safe, unobstructed, good, and reasonable condition, in compliance of all federal, state, and local zoning and other ordinances. 7. City and River Park acknowledge that there are six parking spaces shown on the Riverview Park Paved Overflow Parking Site Plan which are partially on City Property and partially on River Park Property, and that those six parking spaces are and shall remain private, and not intended for public use. 8. Limits of Use. This Agreement confers no rights upon River Park to place any advertisement, notices, or signage upon City Property. The City expressly retains all such rights. River Park shall make no use of the parking spaces on City Property except as specifically authorized in this Agreement. 9. Miscellaneous. (a) Term. The Easements granted herein shall continue in perpetuity, unless this Agreement is modified, amended, cancelled or terminated by the written consent of all then record owners of the Properties. (b) Attorneys' Fees. In the event a Party institutes any legal action or proceeding for the enforcement of any right or obligation herein contained, the prevailing party ki shall be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding, both prior to and on appeal. (c) Amendment. The Parties agree that the provisions of this Agreement may be modified or amended, in whole or in part, or terminated, only by the written consent of all record Owners of the Properties, evidenced by a document that has been fully executed and acknowledged by all such record Owners and recorded in the official records of Indian River County, Florida. (d) Covenants to Run with Land. The benefits and obligations hereunder shall remain in full force and effect and shall be unaffected by any change of ownership, use of other circumstance or any portion of the River Park Property or the City Property. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs, and personal representatives. (e) Severability. If any provision of this Agreement is held to be invalid or unenforceable, that invalidity or unenforceability shall not affect the validity or enforceability of any other provision of this Agreement. (f) Entire Agreement. This Agreement contains the entire agreement with respect to the subject matter of this Agreement and no representations, inducements, promises or agreements, oral or otherwise, expressly set forth in this Agreement shall be of any force or effect. (g) Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered in person to the party to which it is addressed, I business day after deposit with a reputable overnight courier (such as FedEx or UPS) or 3 days after deposit in the U.S. Mail if sent postage prepaid by U.S. registered or certified main, return receipt requested, addressed as follows: If to River Park: River Park Plaza, LLC 426 SE 6" Street Dania Beach, FL 33004 Attention: Jay Dick If to City: City of Sebastian 1225 Main Street Sebastian, FL 32958 Any Party may change the name of the person or address to which notices or other communications are to be given by so notifying the other parties in the manner provided herein. (h) Record. This Agreement shall be recorded in the official records of Indian River County, Florida. (i) Governing Law. This Agreement and the provisions, covenants, conditions and obligations set forth in this Agreement shall be governed by the law of the State of Florida. 0) Counterparts. Each of the Parties hereto acknowledge and agree that this Agreement may be executed in any number of counterpart original instruments, all of which taken together shall constitute but one fully executed Agreement. IN WITNESS WHEREOF, the parties have executed this agreement as of the date and year set forth above. Signed, sealed and delivered in the zT nce of: Print Name: 420AIw rini nqs w 'O OS&i STATE OF FLORIDA COUNTY OF INDIAN RIVER RIVER PARK PLAZA, LLC, a Florida limited liability company By: Name: OTscnl cio —�� Title: The foregoing instrument acknowledged and subscribed before me, the undersigned authority, this A °4 day of - , 2015 by eA-1A I- B d as Manager of RIVER PARK PLAZA, LLC, a Florida limited liability company, on its behalf; who is either personally known to me or produced a /0R driver's license as identi cation. (Notary Seal) ZNLZ,� Print Name: /✓nJ I"1'1 /�� Notary Public ........... ✓"°'%eSHIRLEY ANN M. MURICO My Commission Expires: �• f E _ Notary.PubNc• State of Florida Commission No.: ®P•, My Comm. Expires Jan 30, 2018 • �� g•• Commission I FF 081499 Signed, sealed and delivered in the presence of: CITY OF SEBASTIAN, a municipal Print Name:_ A 44aio corporati n in e, bate of orida BX, / Print Name: AzA f 61/�� Name: K. dA" 9. 47 MW Title: Ago", I STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged and subscribed before me, the undersigned authority, this _Zji'M day of F&irkary 2015 by R i Lh a Y& R, G i II mo r , the MO.V o Y of the City of Sebastian, who is either personally known to me or produced a driver's license as identification. (Notary Seal) ''� r Commi s n #WILLIAMS 038067 �i Expires February 28, 2015 Bp M Rn im/ Fab Muerca MWIP7010 w1Q Pit Name: 1 tary Public My Commission Expires: 2-/Z8/15 CommissionNo.: Fb G Exhibit "A" Legal Description of the River Park Property (River Park Plaza, LLC property) LOTS 16 THROUGH 22, INCLUSIVE, BLOCK 9, AND LOTS 1 THROUGH 3, INCLUSIVE, BLOCK 10, PLUS ABANDONED JEFFERSON STREET RUNNING FROM U.S. HIGHWAY NO.1 EASTTO THE EAST LINE OF LOT 3, BLOCK 10, ALL IN EDGEWATER PARK. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, WHICH PLAT HAS BEEN RE -FILED WITH CHANGES AS TO BLOCKS 11,12 AND 13 IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPTING, HOWEVER, ALL RIGHTS OF WAY FOR U.S. HIGHWAY NO.1 AS THE SAME NOW EXISTS; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS THE NORTHERLY 10 FEET OF AFORESAID LOTS 16 THROUGH 20, INCLUSIVE, BLOCK 9, AS ABOVE DESCRIBED AND LESS THE NORTH 20 FEET OF LOTS 21 AND 22 OF BLOCK 9, INCLUSIVE, AS ABOVE DESCRIBED. TOGETHER WITH AN EASEMENT OVER THE SOUTH 15 FEET OF LOTS 4,5 AND 9, BLOCK 10 EDGEWATER PARK, AS ABOVE DESCRIBED FOR THE PURPOSE OF INGRESS AND EGRESS AND SAID EASEMENT SHALL RUN WITH THE LAND, BUTTHIS IS A NON EXCLUSIVE EASEMENT AND MAY BE GRANTED TO THE OTHER PARTIES. THE GRANTEES SHALL HAVE THE RIGHT TO THE USE OF THE SAME FOR PEDESTRIAN AND mv. mill/ l i l 7_1"144 EAibit "B" Legal Description of the City Property The Easterly 15 feel of Lot 7. all Lots 8. 9, 10, 23.24 and 25. Block 9 of the Edgewater Park Subdivision. together with that portion of the abandoned right-ol-way for Jefferson Street abutting the said Lots 23.24 and 25, to the South, together with all Lots 4, S. 8, 7, 8 and 9, of Block 10, of the Edgewater Park Subdivision and that part of the abandoned right-of-way of Jefferson Street which abulls the said Lots 4, 5, 6, 7, 8 and 9 to the North, as per plat recorded in Plat Book S. Page 25, Public Records of Sl. Lucia County, Florida: said land now situate and lying in Indian River County. Florida per plat recorded in Plat Book t, Page 23. a LEGEND i � .. �wv ..,..........aA >�':f®,tdb.'1L,.o..,.w�.w.,.et� mo. ,a..., ,w�. ....Q..m..e. O`.n PROPOSED NEW CTTY PARKING MEMEMEMEMIM T- -a o 0 0 0 V, C3 lJJU 1-i RIVERVIEW SITE INFORMATION j PARK EXISTING fli BUILDING aft=— :m—nem. 'Mar 2m 'j, T- -a o 0 0 0 V, C3 lJJU 1-i EXISTING BUILDING aft=— :m—nem. 'Mar SITE PL T- -a o 0 0 0 V, C3