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HomeMy WebLinkAbout2010-294 11 - 160 AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND GRAVES BROTHERS COMPANY FOR INSTALLATION AND CONSTRUCTION OF A DRAINAGE DITCH AND PIPES NEAR COUNTY ROAD 510 AND OLD DIXIE HIGHWAY THIS AGREEMENT , entered into this 16th day of November , 2010 , by and between Indian River County , Florida a political subdivision of the State of Florida , 1801 27th Street , Vero Beach , Florida 32960 , hereafter referred to as " County " and Graves Brothers Company , 2770 Indian River Boulevard , Suite 201 , Vero Beach , Florida 32960 , hereafter referred to as " GBC " . WITNESSETH WHEREAS , GBC has agreed to design , and the County has agreed to construct , a drainage ditch and drain pipes within GBC property and County-owned right- of-way along County Road 510 ( " CR510 " ) and Old Dixie Highway ( " Old Dixie Hwy ") in Indian River County , hereinafter referred to as the " Project" ; and WHEREAS , the Project will serve to drain stormwater runoff from GBC property , County- owned CR510 right- of-way and other third party properties as indicated on the sketch attached hereto as Exhibit "A" (the " Drainage Area " ) ; and WHEREAS , the County has agreed to build the Project over real property owned by the County and GBC ; and WHEREAS , GBC has designed the Project per the plans shown on Exhibit " B " (the " Plans " ) , to the specification of the County ; and WHEREAS , GBC has agreed to grant to the County a temporary construction easement over the portion of the Project to be constructed by the County as described on Exhibit " C " attached hereto for the temporary use by the County to construct the Project ; and WHEREAS , the County has agreed to provide sufficient in - house labor , materials and equipment to complete the Project in its entirety ; and WHEREAS , once construction is completed , the County and GBC have agreed to share maintenance with each entity maintaining that portion of the Project which falls within their respective property boundaries , including all mowing and ditch maintenance , with pipe and drainage structure maintenance to be done by the County ; and WHEREAS , both the County and GBC can mutually benefit through a joint effort that will transfer responsibility of constructing the Project from GBC to the County ; / _ THEREFORE , in consideration of the mutual terms , conditions , promises , covenants and premises hereinafter , the County and GBC agree as follows : 1 . The above recitals are affirmed as being true and correct and are thereby incorporated herein . 2 . As set forth in the Plans , GBC has planned and designed , and the County agrees to construct , the Project consisting of a 205 foot long drainage ditch along the north side of CR510 and a 135 foot long drainage ditch along the west side of Old Dixie Hwy totaling approximately 340 linear feet . The Project will be constructed within the Drainage Area , per the Plans . 3 , The County shall determine the final length and configuration of the Project , and shall designate and /or substitute materials as necessary to complete the Project . 4 . Material excavated as a result of constructing the Project shall be left on the site . 5 . The County shall construct the Project utilizing in - house labor , materials and equipment , conduct all inspections and certify acceptance and completion . 6 . At such time as the County notifies GBC that the County is ready to proceed with construction of the Project , GBC shall grant the Temporary Construction Easement to the County on a form mutually acceptable to the County and GBC . The Temporary Construction Easement shall allow the County to enter GBC property and construct the Project per the terms of this agreement . The County shall make a reasonable effort to restore GBC property to its pre -existing condition . Once the Project is completed , inspected and accepted by the County , the County shall have no further responsibility for the Project or the Project area as depicted in Exhibit A , Exhibit B Sheet 1 , Exhibit B Sheet 2 , Exhibit B Sheet 3 or Exhibit C , with the exception of maintenance . The County shall notify GBC that construction is completed and the Project is ready to be maintained by the County and GBC , with each entity maintaining that portion of the Project which falls within their respective property boundaries . 7 . Both GBC and the County agree to allow stormwater to be conveyed across the Project area until a permanent solution is constructed in the future in the form of : a ) GBC redevelops their property and constructs a stormwater drainage system , or b ) The County widens CR510 and installs a stormwater drainage system . 8 . In the event of any litigation arising out of this Agreement , each party shall bear its own attorney fees and costs . 9 . 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 . 10 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns . 11 . 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 . 12 . 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 . 13 , 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 . 14 , The County and GBC 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 . 15 . 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 . 16 . 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 GBC have caused these presents to be executed in their names , the day and year first above written . GRAVES BROTHERS COMPANY BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA By - �� — y ' 13y : 3ea�z SX eAga . '4C4&of ava.. 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B9 S "° gain; (1 d ) _ _ _ ._�-. —_ rTl --."_-- �. /. M Curb / Q b0 F,,e° Curo e d o n Ep 0l/ \ C rose ob15N /1 116 NO / SQ th cc �r rQ _— %Elev, 1 .967 s I a n tl % �_.... ..... ed et C3 N o U . 5 Hj ! i \On � p\5 aP .. ExIST. e' Pec w.u. _ PER TAROT AS-BUILTS ut / eoa E1e616c I v" "t DATED 1 -5-05 o T^ %. /- - ^ o Q p h v DR'fTII GORE t Ent ... \nIy \ / thbQUnd ) o v J r TOP 4.IB' mua Ho oo'Y � NQr m _ Y NO / abs .ea� `` NIGHWA tn GRAVES BOTHER ' S DRAINAGE SCHULKE , BITTLE & STODDARD , L . L . C . T c Z CIVIL & STRUCTURAL ENGINEERING - LAND PLANNING - ENVIRONMENTAL PERMITTING SCALE 1 : 100 EXHIBIT B SHEET J CERTIFICATION OFIE201 AUTHORIZATION O ACC , FLORIDA681717 INDIAN RIVER BLVD . , SUITE 201 VERO BEACH , F 32960 TEL 772 1770-9622 FAX 772 1770-9496 EMAIL info@sbsengineers . com o ` 11 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT , made and executed this day of , A . D . , 2010 by Graves Brothers Company , whose address is 2770 Indian River Blvd . , 4201 , Vero Beach , FL 32960 hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida , whose address is 1801 27"' Street, Vero Beach , Florida 32960 , hereinafter called GRANTEE , WITNESSETH : That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration , receipt of which is hereby acknowledged , does hereby grant unto the GRANTEE a Temporary Construction Easement on , over, across , and beneath the following described land , situate in Indian River County , Florida, to -wit : EXHIBIT " A " ATTACHED HERETO AND MADE A PART HEREOF This easement is for all construction related incidentals related to the project . No permanent structures shall be constructed on the property and should any of the present improvements located within the boundary of the temporary construction easement suffer damage the County shall replace at current value . The easement shall exist only until the completion of the construction work for the Graves Brothers Company Drainage Project, County Project No . 05491 . IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written . Signed , sealed, and delivered in the presence of: Witness Signature Grantor Signature Printed Name : Printed Name : Jeff E . Bass , President & CEO STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2007 , by on behalf of same , and he/she/they/ is/are personally known to me or produced as identification . Sign : „ < APPROVED AS TO Notary Public AND L GAL UFFI ! - BY WILLIA K. DEBRAAL DEPUTY COUNTY ATTORNEY LEGAL DESCRIPTION Temporary Construction Easement A TEMPORARY CONSTRUCTION EASEMENT OVER THE FOLLOWING DESCRIBED PROPERTY : THE SOUTH 40 FOOT ; AND THE EAST 20 FEET OF THE OF THE SOUTH 60 FEET ; AND THE WEST 20 FEET OF THE SOUTH 80 FEET , OF THE FOLLOWING DESCRIBED PROPERTY : 1 . ALL THAT PART OF THE SE /40F SW /40F SECTION 28 , T . 31 S , R . 39E LYING EAST OF THE EAST R/W OF THE F . E . C . R . R . LESS RIGHTS OF WAY OF RECORD , 2 . ALL THAT PART OF GOVERNMENT LOT 5 , SECTION 28 , T . 31 S , R. 39E LYING WEST OF THE WEST R/W OF US HWY No 1 AND WEST OF THE WEST R/W OF OLD DIXIE HIGHWAY , LESS RIGHTS OF WAY OF RECORD , SAID PARCELS CONTAINING 16 . 28 NET ACRES : `BEING MORE FULLY DESCRIBED AS : ` BEGIN AT NORTHWEST CORNER OF GOVERNMENT LOT 5 , SECTION 28 , T . 31 S , R. 39E , RUN WEST TO F . E . C . RAILROAD RIGHT- OF - WAY, THENCE RUN SOUTIIEASTERLY ALONG RAILROAD RIGHT- OF - WAY TO STATE ROAD 510 . THENCE RUN EAST ALONG STATE ROAD 510 RIGHT- OF- WAY TO WESTERLY RIGHT- OF - WAY OF OLD DIXIEI HIGHWAY ; THENCE RUN NORTH ALONG WESTERLY RIGHT —OF - WAY OF OLD DIXIE HIGHWAY TO US HIGHWAY N° 1 ; THENCE RUN NORTHERLY ALONG WESTERLY RIGHT- OF - WAY OF US HIGHWAY N° 1 , TO NORTH LINE OF SAID GOVERNMENT LOT 5 ; THENCE RUN WEST TO POINT OF BEGINNING . (LESS RIGHT OF WAY OF RIVER STREET) .