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Home My WebLink About2012-196 10 /� 3 � ra. TRI - PARTY COST SHARING AGREEMENT BETWEEN a d INDIAN RIVER COUNTY , CHARLES & JULIE HERSHEY, AND DAVID HORNCHEK THIS COST SHARING AGREEMENT made this 23rd day of October 2012 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 ; CHARLES & JULIE HERSHEY , a husband and wife , hereinafter referred to as Hershey , whose address is 2144 4th Court SE , Vero Beach , FL 32962 ; and DAVID HORNCHEK , a single man , hereinafter referred to as Hornchek , whose . address is 2154 4th Court SE , Vero Beach , FL 32962 agree as follows : WHEREAS , Hershey is the owner of a single family residence located at 2144 4th Court SE , Vero Beach , Florida ; and WHEREAS , Hornchek is the owner of a single family residence located at 2154 4th Court SE , Vero Beach , Florida ; and WHEREAS , the Hershey and Hornchek properties are in the Vero Shores Subdivision and the properties abut 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 Vero Shores Subdivision ; and WHEREAS , between the Hershey and Hornchek properties , the County has a 20400t easement for drainage purposes of stormwater runoff from 4th Court SE into the canal ; EXHIBIT "A" provides a Site Plan identifying easement and properties ; and WHEREAS , in late August 2012 significant rainfall and subsequent stormwater runoff from Tropical Storm Isaac caused damage to both the Hershey and Hornchek seawalls ; and WHEREAS , investigation reveals that the drainage pipe running along the eastern edge of the Hershey and Hornchek properties 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 east instead of being perpendicular; and WHEREAS , the parties agree that it would be in their mutual best interest to repair the damaged pipe and the seawall at the same time ; and WHEREAS , the parties agree to share all the costs of repair to the seawall and that all costs associated with the repair of the pipe will be the responsibility of the County , 1 NOW, THEREFORE , for good and valuable consideration exchanged between the parties , the County , Hershey , and Hornchek agree as follows : 1 . The above recitations are true and accurate . 2 . Collectively Hershey and Hornchek have solicited estimates for repair of the leaning seawall and damage pipe from . three ( 3) licensed contractors experienced in this type of repair and have agreed to choose the lowest and most responsive bidder. 3 . The lowest and most responsive bidder is Wilco Construction , Inc . , 28 North Causeway Drive , Unit 1 , Fort Pierce , FL 34946 . 4 . In order to repair the pipe and the leaning seawall , the cost will not exceed $26 , 670 . Wilco Construction has agreed to provide all engineering , design , and obtain all permits necessary for repair of seawall and pipe . 5 . Wilco shall not commence construction work until it has obtained all the insurance required under this section , and until such insurance has been approved by the County . Wilco will agree to list the County as an additional insured on its liability insurance and provide the following types of coverage : A . Workers' Compensation Insurance : Wilco shall procure and maintain workers ' compensation insurance to the extent required by law for all its employees to be engaged in work under this agreement . Be Public Liability Insurance : Wilco shall procure and shall maintain broad form commercial general liability insurance and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this policy with respect to all claims arising out of the operations or work to be performed . C . Commercial General Liability : $ 500 , 000 combined single limit (other than automobile) for bodily injury and property damage . i) Premises/Operations ii) Independent Contractors iii) Products/Completed Operations iv) Personal Injury D . Business Auto Liability : $300 , 000 combined single limit for bodily injury and- property damage . . i) Owned/Leased Automobiles ii ) Non -Owned Automobiles iii) Hired Automobiles 2 6 . In exchange for repair of the pipe and seawall , the County will pay 55 . 2 % of the total cost of repairs not to exceed $ 14 , 725 ; Hershey will pay 22 % of the total cost of repairs for their property not to exceed $ 5 , 860 ; and Hornchek will pay 22 . 8 % of the total cost of repair for his property not to exceed $6 , 085 . This amount shall be paid jointly to Wilco Construction , Charles and Julie Hershey and David Hornchek upon receipt of all lien releases or other encumbrances or indentures directly related to the contractual relationship between Wilco. Construction , Hershey , and Hornchek . 7 . Hershey and Hornchek agree to work with the County and provide copies of any plans , drawings , or sketches created for Wilco for the repair of the pipe and seawall . The County has the right to approve said plans within 10 business days receipt thereof. 8 . Miscellaneous . A Controlling Law . This Agreement shall be construed and enforced in accordance with the laws of the State of Florida . Venue shall be in Indian River County for all state court matters , and in the Southern District of Florida for all federal court matters . Be Entire Agreement , This Agreement constitutes the entire agreement among the parties with respect to this transaction and supersedes all prior agreements , written or oral , among Hershey , Hornchek and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . Co Assignment and Binding Effect . Neither Hershey nor Hornchek nor County may assign its rights and obligations under this Agreement without the prior written consent of the other party . The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns . D . Notices . Any notice shall be deemed duly served if personally served or if mailed by certified mail , return receipt requested , or if sent via "overnight" courier service or facsimile transmission , as follows : If to Seller: If to County : Charles & Julie Hershey Indian River County 21444 th Court SE 180127 th Street , Building A Vero Beach , FL 32962 Vero Beach , FL 32960 Attn : Public Works Director If to Seller: WOUNMEMEMI David Hornchek 21544 th Court SE Vero Beach , FL 32962 3 Either party may change the information above by giving written notice of such change as provided in this paragraph . E . Attorney' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney' s fees , costs and expenses . F . County Approval Required : This Agreement is subject to approval by the Indian River County Board of County Commissioners 4 IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . By : Charles H rshey J lie Hers ey Date Signed : Date Signed : By : avid Hornc ek Date Signed : ' 4 / O"" BOARD OF COUNTY COMMISSIONERS , ATTEST : Jeffrey R . Smith , Clerk of the INDIAN RIVER COUNTY, FLORIDA PI\P PPIIPIlaa a4a Court and Comptroller •�"�� pOMMISSj ' as . . . . aVF y r N d By: ° * '• BYE Deputy Clerk , ary C heeler , Chairman :�• . : '.�i a Approved : 10- 23- 12 Approved : '•.�y9 , e,•• ••btltltltltltlPPtl. By . y oseph aird , County Ad inistrator Approved as to form and legal sufficiency. Byw W" k d- e� VV illiam K . a raal , De uty County Attorney 5 V• Jktion Cerner rfa Cor u V ' � T O slie . z ' 5 age rods * E tyles • I, . 1 .e .. ' fee fT• Ioo ' - roo' y NOT AImp PART ;k O u C K S =, .°, Ie !r Ie i t J m . 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