2011-181 - Laserfiche WebLink

Home Browse Search

/ ► � / i t 13 • b /. / COST SHARING AGREEMENT c between INDIAN RIVER COUNTY and RUSSELL J . KELLY THIS COST SHARING AGREEMENT made this ' 3, 6 day of August , 2011 by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida , hereinafter referred to as County , whose address is 1801 27th Street , Vero Beach , FL 32960 and RUSSELL J . KELLY , a single man , hereinafter referred to as Kelly , whose address is 905 Bowline Drive , Vero Beach , FL 32963 agree as follows : WHEREAS , Kelly is the owner of a single family residence located at 905 Bowline Drive , Vero Beach , Florida ; and WHEREAS , the Kelly property is in the Moorings Subdivision and the property abuts a canal that leads to the Indian River Lagoon ; and WHEREAS , the County is responsible for the maintenance and repair of stormwater drainage facilities within the Moorings Subdivision ; and WHEREAS , on the northern border of the Kelly property , the County has a 10 - foot easement for drainage purposes of stormwater runoff from Bowline Drive into the canal ; and WHEREAS , investigation reveals that the drainage pipe running along the northern edge of the Kelly property has broken near the seawall that exists along the canal causing erosion and undermining of the seawall so that it now leans at an angle to the west instead of being perpendicular ; and WHEREAS , the parties agree that it would be in their mutual best interest to repair the broken pipe and the seawall at the same time ; and WHEREAS , the parties agree to share equally the costs of repair to the seawall and the pipe , NOW , THEREFORE , for good and valuable consideration exchanged between the parties , the County and Kelly agree as follows : 1 . The above recitations are true and accurate . 2 . Kelly has solicited estimates for repair of the leaning seawall and broken pipe from three ( 3 ) licensed contractors experienced in this type of repair and has agreed to choose the lowest and most responsive bidder . 1