HomeMy WebLinkAbout2003-275 AGREEMENT
ORIGINAL
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BETWEEN e./,Ll��/�� ,, or ,
INDIAN RIVER COUNTY, FLORIDA
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AND
SUNLAND DEVELOPMENT, INC .
FOR THE CONSTRUCTION OF A REGIONAL LIFT STATION
AND
ASSOCIATED GRAVITY SEWER SYSTEM
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 SUNLAND DEVELOPMENT, INC. , the address of which is
6823 Vista Parkway N. West Palm Beach , FL 33411 , (hereinafter the DEVELOPER) is effective upon
execution by the second of the two parties .
WHEREAS , the DEVELOPER, in conjunction with the construction improvements at Diamond Lake
Subdivision, is providing water and wastewater facilities to serve the subject property located at 5225 9`h Street
S . W . , 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 Regional
Lift Station and Associated Gravity Sewer System hereinafter the LIFT STATION .
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 . REGIONAL SEWER SYSTEM :
The DEVELOPER shall construct the Regional Lift Station, Gravity Sewers , Force Mains and all other
necessary appurtenances as directed by the Indian River County Department of Utility Services during the
construction of Phase I of Diamond Lake Subdivision , as illustrated in Exhibits "B " and "C " .
Reimbursement : The estimated cost of the Regional Sewer System is shown in Exhibit ` D ' . The COUNTY
shall reimburse the DEVELOPER for funds advanced by DEVELOPER to construct regional facilities as
requested by Indian River County Department of Utility Services based upon an equitable reimbursement
formula using the service area shown in Exhibit "C " , and the actual cost of the Regional Sewer System based
on an itemized invoice of the installed material at the time the Regional Sewer System is dedicated to and
accepted by the COUNTY . The funds to reimburse the DEVELOPER shall be provided by the COUNTY
upon completion and acceptance of the Regional Sewer System by the COUNTY . The funds to reimburse the
COUNTY shall derive from the connection charges of other properties that use the constructed lines and
facilities based on their share of ERU ' S as outlined in the table below. The ERU ' S and percentages shown in
the table below are based upon the actual units proposed for construction in Diamond Lakes Subdivision . The
two parcels (Parcel #2 and #3 as shown on Exhibit "C ") zoned AG are presumed to be capable of developing
at RS -3 in the future with an average density of 1 . 69 units/acre .
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A. AGREEMENT - DEVELOPERS AGREEMENT - DEVELOPMENTOFOFF-SITE UTILITIES COUNTY STANDARD DOC
c
The COUNTY ' S potential for the REGIONAL SEWER SYSTEM is tabulated below :
PARCELL EXISITING/ APPROX . PARCEL % OF ESTIMATED
NUMBER FUTURE (UNITS/ACRE) ERU ' S TOTAL REIMBURSEMENT
ZONING ERU ' S DUE TO COUNTY AT TIME
OF CONNECTION
1 RS-3 60 ( l . 92 ) 115 77 . 2 % NA (DEVELOPER)
2 AG/RS-3 10 ( l . 69) 17 11 . 4% $ 39 , 781 . 11 *
3 AG/RS-3 10 ( 1 . 69) 17 11 .4% $ 39 , 781 . 11 *
TOTAL 149 100% $ 79 , 562 .22
* ($ 367 ,657 . 08 less $ 18 , 700 . 00 for concrete wall times 11 . 4% equals $ 39 , 781 . 11 )
Reimbursement : The COUNTY ' S reimbursement shall be in the form of check from the COUNTY, and shall
not exceed the amount of $ 83 , 320 . 98 ($ 79 , 562 . 22 plus $ 18 , 700 . 00 if optional concrete wall around lift station
is installed less the line extension fee of $ 14 , 941 . 24 ( see below ) for a grand total of
$ 83 , 320 . 98 ) or
$ 64 , 620 . 98 if wall is not installed ($ 79 , 562 . 22 less line extension fees of $ 14 , 941 . 24) . The DEVELOPER
shall pay line extension fees in the amount of $ 11 . 25 per foot of property frontage of the existing water main .
The DEVELOPER ' S fee for this portion is tabulated below :
Frontage (LF) I Total Frontage (LF) Cost per Front Footage ($/ ft. ) Developer Cost
1328 . 11 1328 . 11 $ 11 . 25 $ 14 , 941 . 24
2 . Amendment :
This Agreement may be modified only by a written instrument executed by all parties to the 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 are 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 shall submit to the
Department of Utility Services for review at least three (3 ) bid estimates 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 Is sole discretion, project costs significantly exceed those
contained in Exhibit "D . "
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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 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 or higher)
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IL
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 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 maybe 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
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A AGREEMENT - DEVELOPERS AGREEMENT - DEVELOPMENT OF OFF-SITE UTILITIES COUNTY STANDARD DOC
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.
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 .
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A. AGREEMENT - DEVELOPERS AGREEMENT - DEVELOPMENT OF OFF-SITE UTILITIES COUNTY STANDARD DOC
t
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
Agre ent as follows :
DEVELOPER: sun Low ge// &t�� " 2
I/�(b ►'✓� I � nG ,
V/#71yhess Signature By:
��IW /v. ,Brag✓
Printed Name 1!�A-;rjAf�I tleelfu&'7
Title :
Witness Printed Name ( President or Vice President )
4401 Jb44le- Date : OctW
fitness Signature
Gft
Witness Printed Nam
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument wa ledged before me thiSN J day A4�2,= 2003 , by r43Vy
who , rsonally kno me or who has produced as ide ffication.
-/1 0,1,: . _.. .
Name : Dl m 'ou 'ot S, /0cu Nota blic
Commission # J) f7
Expiration Date ��[ / "5,/0 (42
DwN A L. sULKowsa
My Comm Exp, 2/15!2006
1 •
No. DD 074031
IT Pemonaffy Known [ jotberto.
BOARD OF COUNTY COMMISSIONERS
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A. AGREEMENT - DEVELOPERS AGREEMENT - DEVELOPMENT OF OFF-SITE UTILITIES COUNTY STANDARD DOC
ATTEST : INDIAN VER COUNTY , FLORIDA
J . K. Barton, Clerk of the Circuit Court
By:
By: Na, Kenneth R. Macht , Chairm
Deputy Clerk
BCC Approved : 10- 14-2003
Approved as to Form and Legal Sufficiency
4
Approved By:
vr
'ntyfomey
Ja es E . Chandler, County Administrator
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A: AGREEMENT - DEVELOPERS AGREEMENT - DEVELOPMENT OF OFF-SITE UTILITIES COUNTY STANDARD. DOC
ISENGINE
114 Sixth Avenue , Suite 3
IIndialantic , Florida 32903
Exhibit ` A '
Legal description
Diamond lake subdivision
All of Tract 3 and the East 20 . 59 Acres of Tract 6 , in Section 28 , Township 33 South ,
Range 39 East , According to the plat of lands file by Indian River Farms Company in the
office of the Clerk of the Circuit Court of St. Lucie County , Florida . , in Plat Book 2 , Page
25 ; said land now lying and being in Indian River County , Florida .
Containing 59 . 714 Acres , more or less .
Page 8
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EXHIBIT-D
ESTIMATED COST OF IMPROVEMENTS
Item Description Estimated Unit of Unit Price Total Price
Quantity Measure
1 Mobilization 1 LS $ 13 ,400 . 00 $ 13 ,400 . 00
2 Maint. of Traffic on Oslo Rd 1 LS $ 13800 . 00 $ 1 , 800 . 00
3 6 " PVC F . M ./FITTINGS 31628 LF $ 15 . 00 $ 545420 . 00
4 LIFT STATION & CONCRETE DRIVE 1 EA $ 100 ,000 . 00 $ 100 , 000 . 00
5 8 " PVC GRAVITY SEWER 600 LF $ 90 . 00 $ 54, 000 . 00
6 MANHOLES 4 EA $ 75000 . 00 $28 , 000 . 00
7 6 " PE DIRECTIONAL BORE 1 LS $ 6 ,000 . 00 $ 6 , 000 . 00
8 INSPECTION/TESTING 1 LS $ 1 , 100 . 00 $ 1 , 100 . 00
9 Restoration / grading, etc . on Oslo Rd 600 LF $ 3 . 50 $2 , 100 . 00
10 Survey Lay-Out 1 LS $2 , 000 $23000 . 00
Subtotal $ 262 , 820 . 00
11 6 ' High Concrete Wall (County Option) 170 LF $ 110 . 00 $ 18 , 700 . 00
Subtotal $2819520 . 00
Contingency @ 10% $283152 . 00
Route Survey/ As -Builts $ 6 , 185 . 40
Design @ 12 % $ 339782 . 40
Permitting @ 1 % $2 , 815 . 20
Bidding & Award @2 % $ 51630 .40
Services During Const . @1 . 4 $ 3 , 941 . 28
Administration @ 2 % $ 5 , 630 .40
Total Improvement Cost $ 367 , 657 . 08
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