HomeMy WebLinkAbout2004-159 00
"w ORIGINAL
AGREEMENT a q q S
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
HARRY A. and CECELIA A. KLIMAS
AND
ALBERT J. and STEPHANIE P. KLIMAS
FOR THE CONSTRUCTION OF OFF-SITE UTILITIES
THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY") and
HARRY A. KLIMAS and CECELIA A. KLIMAS , HUSBAND AND WIFE , AS TO AN UNDIVIDED %
INTEREST, and ALBERT J. KLIMAS and STEPHANIE P . KLIMAS, HUSBAND AND WIFE, AS TO
AN UNDIVIDED '/Z INTEREST , whose address is 7412 US 1 , Vero Beach, FL 32967 (hereinafter the
"DEVELOPER") is effective upon execution by the second of the two parties .
WHEREAS , the DEVELOPER, in conjunction with the construction improvements Oak Island Development
Phase III, is providing water and wastewater facilities to serve the subject property located at the east side of US
Highway # 1 , north of 73rd Street and more specifically described in Exhibit "A" ; and
WHEREAS , pursuant to Section 918 . 05 , The Code of Indian River County (Ordinance 90- 16 , as amended) ,
the COUNTY , requires the DEVELOPER to provide the utility improvements to serve the regional area, and
agrees to reimburse the DEVELOPER, as provided herein, for the cost of providing these off-site utilities ,
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and
valuable consideration, the COUNTY and DEVELOPER agree as follows :
1 . OFF-SITE UTILITIES :
The DEVELOPER shall construct the necessary off-site utilities described herein as directed by the Indian River
County Utilities Department. The COUNTY shall reimburse the DEVELOPER for over-sizing of the off-site
utilities as outlined below :
A . Regional Gravity Sewer System:
The DEVELOPER shall furnish and install approximately 1 , 500 LF of 8 -inch diameter gravity sewer and
associated manholes to serve five (5 ) properties on US 1 north of 73rd Street on the east side of US 1 as
shown on Exhibit "C . "
Reimbursement : Following the DEVELOPER ' s payment of Capacity Charges , the COUNTY shall
reimburse the DEVELOPER based on an itemized invoice of the installed material on a complete basis
after the above-referenced facilities are dedicated to and accepted by the COUNTY . The funds to
reimburse the DEVELOPER shall derive from the connection charges of other properties that use the
constructed lines and facilities based on their share of the hydraulic capacity used. The COUNTY ' s
obligation to make reimbursement to DEVELOPER shall expire five (5 ) years from the date of this
Agreement .
Reimbursement shall be in the form of check from the COUNTY , and shall not exceed the amount of
$ 127 ,490 . 60 (see attached Exhibit B) .
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F \UTILITIES\UTILITY - ENGINEERING\PROJECTS . UTILITY CONSTRUCTION PERMITS\MULLER HOMES UCP #230MI)EVELOPERS AGREEMENT - MULLER KLEMAS OFF-SITE UTILITIES JUNE 15, 2004.DOC
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2 . Amendment :
Only a written instrument executed by all parties to the Agreement may modify this Agreement.
3 . Assignability:
Either party may assign this Agreement. However, the rights granted herein shall run with the land and are
not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this
Agreement to freely transfer the rights and obligations granted by this Agreement , the assignee shall not have
the right to transfer these rights to another property unless this Agreement is amended in writing by the
assignee and the COUNTY .
4 . Authority:
Each party hereto represents and warrants to the other that the execution of this Agreement and any other
documents required or necessary to be executed pursuant to the provisions hereof are valid, binding
obligations and is enforceable in accordance with their terms .
5 . Bidding and Award :
Bid proposals and engineering costs related to the work described herein shall be subject to approval by the
Indian River County Department of Utility Services . The DEVELOPER agrees to use DemandStar to bid the
construction of off-site utilities described herein. The DEVELOPER shall submit to the Department of Utility
Services for review at least three (3 ) bids from licensed and qualified utility contractors. The term "qualified"
shall be as determined by the COUNTY. The COUNTY ' s reimbursement of construction costs to the
DEVELOPER shall be conditioned upon the Utility Services Department ' s approval of project costs . The
DEVELOPER shall not commence work unless the Utility Services Department provides written approval of
the final construction cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY ' s sole
discretion, project costs significantly exceed those contained in Exhibit ` B . "
6 . Captions :
Captions , if included, in this Agreement are included for convenience only and are not to be considered in any
construction or interpretation of this Agreement or any of its provisions .
7 . Construction Plans , Technical Specifications and Contract Documents :
The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities
Construction Permit to the Indian River County Utilities Department and Florida Department of
Environmental Protection (FDEP) . The DEVELOPER shall not commence construction until all permits are
approved and obtained .
8 . Definition
All pronouns shall be deemed to refer to the masculine, feminine , or neuter, singular or plural , as the identity
of the party or parties may require .
9 . DEVELOPER' s Obligations :
The DEVELOPER shall prepare at its own expense, plans , specifications, Agreement, advertisement, general
conditions , hereinafter referred to as the "contract documents", for the lines and facilities necessary to deliver
the water and wastewater utilities from the COUNTY ' S facilities. All plans and specifications shall be subject
to the COUNTY ' s approval prior to the DEVELOPER' s application. The DEVELOPER shall be responsible
for all costs associated with the design, permitting and construction of the offsite facilities (which includes but
is not limited to transmission lines, valves , fittings, hydrants , meters , and associated appurtenances) whether
designed, permitted or constructed by the DEVELOPER or the COUNTY .
The design, permitting, construction, operation and maintenance of all on-site water and wastewater utilities
which is on or solely dedicated to the DEVELOPER ' s property (including but not limited to water meter,
transmission lines, pumps , valves , storage facilities, etc . ) shall be the DEVELOPER ' s responsibility and
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expense . Construction of on-site water and wastewater utilities shall be subject to COUNTY review and
approval .
The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER ' s side of the
water meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of
water by the DEVELOPER is prohibited .
The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use off-site of the
property.
10 . Easements :
The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater utilities for
the COUNTY to install, maintain, operate and monitor the water and wastewater utilities , within the private
right-of-way including, but not limited to, water lines , services, laterals , manholes , meters , lift station, sewer,
remote monitoring and related utility structures .
After the COUNTY ' S final inspection of the off-site water and wastewater facilities for conformance with the
approved plans and specifications , the DEVELOPER shall convey all the off-site facilities together with an
interest in land, as may be required by the COUNTY, to the COUNTY . The conveyance shall include any of
the following documents as may be required by the COUNTY, in a form acceptable to the COUNTY :
a) Bill of Sale
b) Grants of Easements
c) Maintenance Bond
d) Record Drawings (hard copy and electronic format — AutoCAD rel . 14 . 0)
11 , Entire Agreement
This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and
there is no oral or written agreements between the parties , nor any representations made by either party
relative to the subject matter hereof, which are not expressly set forth herein.
12 . Governing Law & Jurisdiction :
This Agreement shall be governed by the laws of the State of Florida and the laws of the United States
pertaining to transactions in such state , and all actions arising out of this Agreement shall be brought in Indian
River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern
District of Florida. All of the parties to this Agreement have participated freely in the negotiation and
preparation hereof. Accordingly, this Agreement shall not be more strictly construed against any one of the
parties hereto .
13 . Insurance and Indemnification :
The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work, the
selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general
liability insurance with a reputable insurance company subject to approval by the COUNTY ' s risk manager in
an amount not less than $ 3 ,000 , 000 combined single limit for bodily injury and property damage in
accordance with the COUNTY ' s Administrative Policy Manual . The DEVELOPER shall ensure that, at least
ten ( 10) days prior to the commencement of any work the selected contractor and any subcontractor provides
to the COUNTY a certificate of business auto liability insurance with a reputable insurance company subject
to approval by the COUNTY ' s risk manager in an amount not less than $ 3 ,000 ,000 per occurrence combined
single limit for bodily injury and property damage in accordance with the COUNTY ' s Administrative Policy
Manual . The commercial general liability and auto liability insurance policies shall name Indian River
County, a political subdivision of the State of Florida, as an additional insured. In addition, the DEVELOPER
shall ensure that, at least ten ( 10) days prior to the commencement of any work the selected contractor and any
subcontractor provides to the COUNTY a certificate of worker ' s compensation insurance with a limit of
$ 100 ,000 for each accident, $ 500 , 000 disease (policy limit) and $ 100 ,000 disease (each employee) in
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F:\UTILTTIES\UTILITY - ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS\MULLER HOMES UCP #2300\DEVELOPERS AGREEMENT - MULLER KLIMAS OFF-SITE UTILITIES JUNE 15. 2004.DOC
accordance with the COUNTY ' s Administrative Policy Manual . The DEVELOPER shall provide to the
COUNTY at least thirty (30) days ' written notice by registered mail, return receipt requested, addressed to the
COUNTY ' s risk manager, prior to cancellation or modification of any required insurance .
The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY ' s officers ,
employees and agents, from and against any and all claims for damages , costs , third party claims , judgments ,
and expense to persons or property that may arise out of, or be occasioned by, any work contemplated by this
agreement, or from any act or omission of any representative, agent, client, and/or employee of DEVELOPER,
and DEVELOPER shall indemnify the COUNTY against any such claims and any judgments that may be
entered in connection therewith, including attorney fees . DEVELOPER shall indemnify the COUNTY
against any claim for damage that any utility, whether publicly or privately owned, may sustain or receive in
connection with any work contemplated by this agreement . DEVELOPER shall not make any claim of any
kind or character whatsoever against the COUNTY for damages that it may suffer by reason of the
installation, construction, reconstruction, operation, and/or maintenance of any public improvement, or utility,
whether presently in place or which may in the future be constructed or installed, including but not limited to,
any water and/or sanitary sewer mains and/or storm sewer facilities , and whether such damage is due to
flooding, infiltration, backflow, and/or seepage caused from the failure of any installation, natural causes, or
from any other cause of whatsoever kind or nature . It is the intention of this indemnification agreement on the
part of DEVELOPER, and a condition of this agreement, that it shall be full and total indemnity against any
kind or character of claim whatsoever that may be asserted against the COUNTY . DEVELOPER hereby
agrees to defend any and all suits, claims, and causes of action brought against the COUNTY arising out of or
in connection with any work contemplated by this agreement, and DEVELOPER agrees to pay any judgment
or judgments, including attorney fees , that may be rendered against the COUNTY or against the COUNTY ' s
officers, employees or agents in connection therewith.
14 . Maintenance Bond :
The DEVELOPER agrees to convey all right, title , and interest in the aforementioned utility improvements to
INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY's approval, issued by
a reputable surety company authorized to do business in the State of Florida, for a period of one year after the
COUNTY's acceptance of the improvements . The value of the Maintenance Bond shall be 25 percent of the
total construction value of the utility improvements . At the COUNTY's sole discretion, the COUNTY may
accept a Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero Beach,
Florida, in lieu of a surety bond.
15 . Multiple Counterparts :
This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute
collectively one ( 1 ) Agreement; but in making proof of this Agreement, it shall not be necessary to produce or
account for more than one such counterpart executed by the party to be charged .
16 . Permits :
The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the
construction, delivery, use and monitoring of the water distributed to and wastewater collected from the
subject property. If, through no fault of the parties involved, any federal , state or local government or agency
(excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or requires a
material change in the system, then to the extent necessary and if possible , the parties agree to negotiate an
amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is
impossible or impracticable to perform under the terms of this Agreement because of the above , then this
Agreement shall terminate and the parties shall have no further obligations to each other.
The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations and
maintenance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic
testing, cross connection control, monitoring, color-coding of water and wastewater equipment,
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FAUTILITIES\UTILITY - ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS\MULLER HOMES UCP N230O\DEVELOPERS AGREEMENT - MULLER KLIMAS OFF-SITEUTILITIES NNE 15, 2004.DOC
' 17 . Recording of Agreement :
This Agreement may be recorded in the official records of Indian River County by the COUNTY. If recorded,
the obligations defined in this Agreement shall run with the land and shall bind subsequent owners of the
property for the term of this Agreement. The DEVELOPER shall pay for all recording cost.
18 . Severability / Invalid Provision :
If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws ,
such provision shall be fully severable ; this Agreement shall be construed and enforced as if such illegal,
invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining
provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal ,
invalid, or unenforceable provision or by its severance from this Agreement .
19 . Term:
The term of this Agreement is five (5 ) years . Unless otherwise agreed to by the parties in writing, this
Agreement shall not be renewed automatically for successive terms . Notwithstanding the foregoing, this
Agreement shall be coterminous with FDEP Permit for construction and with the County ' s Utility
Construction Permit, whichever provides a shorter time period, but shall be not more than five (5 ) years from
the date of issuance . The County may terminate this Agreement early in its sole discretion if it determines that
the development project intended to be served by the improvements is suspended or discontinued .
20 . Time of Essence :
Time is of the essence of this Agreement; however, if the final date of any period which is set out in any
provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of Florida,
then, in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday
or legal holiday.
IN WITNESS WHEREOF , the COUNTY and the DEVELOPER have accepted, made , and executed this
aAgreem t as follows :
V*Yll:: ) / , " a 14
fitness to Ha A. and Cecelia A. Klimas
Harry A. imas
Witn s Printed Name
XVA&qp V �L
�-' Cecelia A. Klimas
fitness to Harry A. and Cecelia A. Klimas ,
Witness Printed Name Albert J. Klimas
' '_ M VAI AlilW 114� ) 9 t 0
Witnesi to A rt J. and Stephanie P . Klimas Stepha ie P . Klimas
Mlaj2W IN t L IngNN
W' ess Printed Parne
Wit44znert J. and Step hie P . Klimas
Witness Prated Name
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F:\UTILITIES\UTHITY - ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERMITSUIULLER HOMES UCP #2300\DEVELOPERS AGREEMENT - MULLER KLIMAS OFF-SITE UTILITIES JUNE 15, 2004.DOC
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was sworn to and subscribed before me this �r�day of li1i 2 `-�;2004, by HARRY
A. KLIMAS and CECELIA A. KLIMAS , HUSBAND AND WIFE, who are personally known to me or produced
18'33 7-- as identification.
Commission Expiration Date s••••••••••••••••••••••• • ••• ••• •• •• •• ••sign.
SARITA JAIN
Stamped Seal . "r'P' . Comm# DD0270796 Nota Public
0 U ,,ps- Expires 12/5/2007 •,
6,xded thru (800)432-4254
Florida tlo:ary Assn. , Inc
STATE OF TEXAS
COUNTY OF Ak6�y1 S
The foregoing instrument was sworn to and subscribed before me this day of l� IV , 2004, by
ALBERT J . KLIMAS and STEPHANIE P. KLIMAS , HUSBAND AND WIFE who are personally known to me or
produced 'bL +' 10Ct (,P1Lk15✓ as identification.
�x ZJI tf- t ai5=0 S I4"— S
Co ii 14 sign 6KV
Stam e ueGc OSIRIS ISABEL LOPEZ Notary P 1
* * Notary Public
STATE OF TEXAS
9� F 4� My Comm. Exp. 07"W2008 BOARD OF COUNTY COMMISSIONERS
Appr INDIAN RIVER COUNTY , FLORIDA
By. kr vx�,-v
Jo h A. Bai d, County Administrator Caroline D Ginn, G rjman
t
p a
BCC Approved .
jA
Approve as to Form and Leg uffici ncy ,
Attest : J . K. Bartow , qhw: r :
a
J ? � Ir q • I 0
ill m ms, tto y '
Deputy Clerk , , , i'
Attachment : Exhibit "A" (property description)
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F:\UTILITIES\UTILITY - ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERM1ITSNMULLER HOMES UCP #2300\DEVELOPERS AGREEMENT - MULLER KLIMAS OFF-SITE UTILITIES JUNE 15, 2004.130C
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. le No . : VB34935
? roperty Appraisers Parcel ID #k : 03 - 32 - 39 - 00000 - 3000 - 00024 / 0
EXHIBIT A
The South 1 / 2 of the North 1 / 2 of the Southeast 1 / 4 of the Northwest 1 / 4 of Section 3 ,
Township 32 South , Range 39 East , Indian River County , Florida .
thereof lying
hway o * 1 , ricl
SAVINGS AND EXCEPTING all of that part the Eastsideofgs
NewU . Sf Highway No1glwa dNextendi ng
also that part thereof fronting
eastward to the depth of 200 . 0 feet .
he
end of
rcel
TOGETHER with an easement 30feet
andlegresshtolthatong tpartoofhsaid South ld1 / 20ofOthe allort 11
for roadway purposes for ingressEast of said 200 . 0 ' parcel .
1 / 2 of the Southeast 1 / 4 of the Northwest 1 / 4 lying
END OF EXHIBIT A
05T O Z RO R
Item Description Estimated Unit of Measure
uanti Unit Price Total Price
I 84nch Grav ' Sewer 330 LF
2 8-inch Gravi Sewer 1 180 36. 00 11 , 880.00
3 Manholes LF 52 .00 61 ,360 .00
4 I1fef►holes 2 EA 2, 700. 00
5 EA 5 ,400. Q0
5 Jack and Bore 1 5, 000.00 25,000 .00
6 Traffic Control LS 12 000.00 12,000.00
7 MObiliZatiorl/Bond 1 LS 6 500 .00
1 LS 6,500. 00
8 Sure /StakeoudAsbuilts 1 6500, 00 6,500. 00
LS 73000 .00
7,000.00
Subtotal 135,640. 00
Coutin enc 10% 13MW= 564 . 00
Total 149,204.00
Surve 1 , 100 .00
Desi 6,500 . 00
Permittin 3,500.00
9iddin & Award t 200.00
Services During Construction 2 000. 00
Administration 16000,00
Total Im rovement Cort 164 , 504 . 00
Estimated Coon Share 127,490. 60
Develoveis Share 37,013 .40
Tract Coat Sharing
Tract Acres % - OR-s)te
I 1 .93 ° Total S
2 0 86 34 a° 55,931 . 36
15 /°
3 24,675 . 60
4 1923Oo4l 7.3 % 129008 .79
5 i •23 21 .2 % 34 8'74. 85
22 . 5% 3 0 .40
s'6`S 100% 1641504 .00
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DE% EL.OPMENT
OF OFFSITE UTILITIES. COUNTY STANDARD DOC