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HomeMy WebLinkAbout2010-033 ATRUECOPv „ ? OiO CERTIFICATION ON LAST PAU-. L \ I . K . BARTON , CLERK y lv y a� PERMIT AND INTERLOCAL AGREEMENT ae1` &P ( No . IRC - 5 ) RN� ;MIT AND INTERLOCAL AGREEMENT , dated this 2nd day of February , 2010 , by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT , a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 7305 4 "' Street, Vero Beach , Florida , hereinafter referred to as the " District" , and the INDIAN RIVER COUNTY , a political subdivision of the State of Florida, hereinafter referred to as the " Permittee " . NOW , THEREFORE , the District does hereby grant unto the Permittee a permit for a period of sixty (60 ) months from January 1 , 2010 , unless sooner terminated as hereinafter provided , to install , maintain, inspect, operate and repair a 24 fiber- optic cable , at a depth of 30 " , under District right- of-way two feet inside the North right- of- way line of the Main Canal for a distance of 9 , 150 lineal feet ( 1 . 73 miles ) , with detectable marking tape and 12 " cover , at the locations and in accordance with the plans and specifications provided to Carter Associates, Inc . prepared by Precision Construction Services , Inc . , and , by reference , made a part hereof, together with the right of ingress and egress on and over the property at said locations ; provided, however , that as a condition precedent to the rights herein granted , Permittee agrees to and with the District as follows : 1 . That the construction and installation of fiber- optic cable shall be in exact conformity with the plans prepared by Precision Construction Services , Inc . , provided to Carter Associates , Inc . 2 . The rights shall extend only for fiber- optic cable used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party . 3 . Permittee assumes full responsibility for the construction , operation and maintenance of said fiber optic cable and shall save and hold harmless District from any expense , loss , damage or claim in regard thereto , and the District assumes and shall have 1 ATRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK no liability in connection therewith. The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 4 . That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations , and is subject to revocation and cancellation upon thirty days ' notice from District to the Permittee . 5 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District, agents , officers , and employees against all claims , losses , and liabilities , ( specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly , an indemnity from the Permittee for any negligent acts or omissions of the District , its agents and employees arising out of, under, or in connection with this Agreement . 6 . Permittee is cautioned that electrical , water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all of such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right- of-way users . 7 . The District may, on thirty days ' written notice to the Permittee , require cessation of use into District ' s facilities , removal or alteration of any installation or construction on District right- of-way . Permittee may, on thirty days ' written notice to the District prior to any annual anniversary date , terminate this permit and agreement, and be released from annual rental fees set out in paragraph 14 for subsequent years . 8 . Any construction on District right- of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation . 2 ATRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK no liability in connection therewith. The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 4 . That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations , and is subject to revocation and cancellation upon thirty days ' notice from District to the Permittee . 5 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District, agents , officers , and employees against all claims , losses , and liabilities , ( specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly , an indemnity from the Permittee for any negligent acts or omissions of the District , its agents and employees arising out of, under, or in connection with this Agreement . 6 . Permittee is cautioned that electrical , water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all of such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right- of-way users . 7 . The District may, on thirty days ' written notice to the Permittee , require cessation of use into District ' s facilities , removal or alteration of any installation or construction on District right- of-way . Permittee may, on thirty days ' written notice to the District prior to any annual anniversary date , terminate this permit and agreement, and be released from annual rental fees set out in paragraph 14 for subsequent years . 8 . Any construction on District right- of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation . 2 ATRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK 9 . The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects . The fiber- optic cable shall be so constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals , sublaterals and canals and for any similar heavy equipment used by land owners within the District . In any case where the fiber optic cable crosses a pipe or culvert used for drainage or irrigation purposes , or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed , repaired or replaced , then, upon twenty- four (24) hours ' notice , Permittee shall , at Permittee ' s sole cost and expense , be available at the location of, and undertake such installation, repair or replacement with personnel and equipment to insure that the fiber optic cable does not endanger or prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes . The District has the right to determine the exact location of the fiber optic cable within the said right- of-way in order that the location of same shall not interfere with the District ' s functions and operations and of the District land owners . 10 . Permittee shall advise District ' s office prior to commencement or completion of all construction . 11 . Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense , loss or damage to District or others by any such discharge or obstruction , remedying or removing the same immediately upon request by District . 12 . This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project , and if, at any time , the Permittee shall fail to meet such requirements , then this Permit shall , ipso facto, immediately become null and void . 3 ATRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK 9 . The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects . The fiber- optic cable shall be so constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals , sublaterals and canals and for any similar heavy equipment used by land owners within the District . In any case where the fiber optic cable crosses a pipe or culvert used for drainage or irrigation purposes , or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed , repaired or replaced , then, upon twenty- four (24) hours ' notice , Permittee shall , at Permittee ' s sole cost and expense , be available at the location of, and undertake such installation, repair or replacement with personnel and equipment to insure that the fiber optic cable does not endanger or prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes . The District has the right to determine the exact location of the fiber optic cable within the said right- of-way in order that the location of same shall not interfere with the District ' s functions and operations and of the District land owners . 10 . Permittee shall advise District ' s office prior to commencement or completion of all construction . 11 . Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense , loss or damage to District or others by any such discharge or obstruction , remedying or removing the same immediately upon request by District . 12 . This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project , and if, at any time , the Permittee shall fail to meet such requirements , then this Permit shall , ipso facto, immediately become null and void . 3 ATRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK 13 . Permittee , as a condition to the continuance of this Permit, shall reimburse District, immediately on demand , for any fees for testing or other professional services , costs or expenses to District associated with or arising from Permittee ' s use of District right- of-way . 14 . The Permittee shall pay to the District an annual rental of Two Thousand Five Hundred Ninety Five and No/ 100 Dollars ($ 2 , 595 . 00) , payable in advance ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same , saving and holding District harmless from any liability in connection therewith . 15 . This Permit shall be effective January 1 , 2010 and continue for a period of sixty (60) months unless sooner terminated as provided herein . 16 . In the event that this Permit is canceled or terminated , the Permittee shall, at its expense , promptly remove any above ground appurtenances or surface enclosures , markers , pullboxes and any other equipment that the District Superintendent deems an impediment to the function of the District from the right-of-way of the District . 17 . This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right- of-way property . 18 . Permittee assumes full responsibility for any construction, operation or maintenance on District property or right- of-way subject to the Permit and understands and agrees that Permittee ' s use of District property for Permittee ' s purposes and benefit is at Permittee ' s sole risk ; any loss or damage to Permittee ' s property , installations , facilities or personnel while on District property or right-of-way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of 4 ATRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK 13 . Permittee , as a condition to the continuance of this Permit, shall reimburse District, immediately on demand , for any fees for testing or other professional services , costs or expenses to District associated with or arising from Permittee ' s use of District right- of-way . 14 . The Permittee shall pay to the District an annual rental of Two Thousand Five Hundred Ninety Five and No/ 100 Dollars ($ 2 , 595 . 00) , payable in advance ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same , saving and holding District harmless from any liability in connection therewith . 15 . This Permit shall be effective January 1 , 2010 and continue for a period of sixty (60) months unless sooner terminated as provided herein . 16 . In the event that this Permit is canceled or terminated , the Permittee shall, at its expense , promptly remove any above ground appurtenances or surface enclosures , markers , pullboxes and any other equipment that the District Superintendent deems an impediment to the function of the District from the right-of-way of the District . 17 . This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right- of-way property . 18 . Permittee assumes full responsibility for any construction, operation or maintenance on District property or right- of-way subject to the Permit and understands and agrees that Permittee ' s use of District property for Permittee ' s purposes and benefit is at Permittee ' s sole risk ; any loss or damage to Permittee ' s property , installations , facilities or personnel while on District property or right-of-way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of 4 A TRUE COPY CERTIFICATION ON LAS i PAGE J . K . BARTON , CLERK District, its agents or employees , whether by reason of the provisions of Chapter 556 , Florida Statutes , or otherwise , is Permittee ' s and not District ' s and , as a condition of this Permit, Permittee promises , covenants and agrees that neither Permittee , nor anyone claiming by, through or under Permittee , shall have any claim or cause of action against District by reason of such loss or damage . The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use of District ' s property or right-of-way, and does so only in consideration of permittee ' s release of District from any responsibility or liability whatsoever, now or in the future , and Permittee agrees : that it is able , at its own expense, to insure against loss or damage , without granting any right of subrogation to claims against District or Permittee as a self- insurer, warranting and representing to District that Permittee assumes all risk of loss or damage , and shall save and hold harmless District from any expense , loss , damage or claim in regard thereto , and the District assumes and shall have no liability in connection therewith including , without limitation, attorneys ' fees , fines and penalties to the extent allowed by law . 19 . This Permit may not be assigned or subletted to a third party and any transfer of Permittee ' s property abutting District ' s property or right- of-way shall , ipso facto and without more , cancel , nullify and revoke this Permit . 20 . Should Permittee, during the term hereof, become a "member operator" , as defined by Florida Statutes , Section 556 . 102 (7) , then such membership shall , ipso facto and without more , cancel , nullify and revoke this Permit . 21 . Permittee ' s obligations under Paragraphs 3 , 5 and 18 may be affected by Florida Statutes ' restrictions on hold harmless clauses . 22 . In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted . This clause shall survive termination or expiration of this Permit . 5 A TRUE COPY CERTIFICATION ON LAS i PAGE J . K . BARTON , CLERK District, its agents or employees , whether by reason of the provisions of Chapter 556 , Florida Statutes , or otherwise , is Permittee ' s and not District ' s and , as a condition of this Permit, Permittee promises , covenants and agrees that neither Permittee , nor anyone claiming by, through or under Permittee , shall have any claim or cause of action against District by reason of such loss or damage . The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use of District ' s property or right-of-way, and does so only in consideration of permittee ' s release of District from any responsibility or liability whatsoever, now or in the future , and Permittee agrees : that it is able , at its own expense, to insure against loss or damage , without granting any right of subrogation to claims against District or Permittee as a self- insurer, warranting and representing to District that Permittee assumes all risk of loss or damage , and shall save and hold harmless District from any expense , loss , damage or claim in regard thereto , and the District assumes and shall have no liability in connection therewith including , without limitation, attorneys ' fees , fines and penalties to the extent allowed by law . 19 . This Permit may not be assigned or subletted to a third party and any transfer of Permittee ' s property abutting District ' s property or right- of-way shall , ipso facto and without more , cancel , nullify and revoke this Permit . 20 . Should Permittee, during the term hereof, become a "member operator" , as defined by Florida Statutes , Section 556 . 102 (7) , then such membership shall , ipso facto and without more , cancel , nullify and revoke this Permit . 21 . Permittee ' s obligations under Paragraphs 3 , 5 and 18 may be affected by Florida Statutes ' restrictions on hold harmless clauses . 22 . In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted . This clause shall survive termination or expiration of this Permit . 5 STATE OF FLORIDA INDIAN RNER COUNTY THIS 5 T CERTIFY THAT THIS IS A TRUE AND CORRECT COM' OF THE ORIGINAL ON FJU IN THIS OFFICE JEFFREY K SAFM CLERK DATE IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its board of Supervisors , this day of ILL) � , 2010. Signed , sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONT OL DISTRICT David E . C?: nter, Secretary s to District ( SEf,L) Permittee hereby accepts the terms of this Permit, and covenants inei agrees that it will comply with the terms and conditions of this Permit . Dated this 2nd day of February , 2010 . INDIAZ RIVER COUNTY By : 03 — Peter D . O ' Bryan , Charman Date Signed : February 2 , 2010 ATTEST : J . K . Barton, Clerk Deputy Clerk APPROVED : B ,, r % oseph . Baird, County Administrator proved as to Form and Legal Sufficiency r H By : lis County Attorney 6 STAITE� R COUNTY TNIS KTO CERTIFY THAT THIS ISA TRUE ANO CORRECT COIYOF THE ORIGINAL OrIN THR OFFICE )WAEY ICLERK l �/' DATE �' 04 IN WITNESS WHEREOF, said District has caused these r executed in its name by its Secretary and its corporate seal hereto affixed ,is to be authority of its board of Supervisors, this da of by due Y . , 2010. Signed , sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONT OL DISTRICT T s to District David E . Cainter, Secretary ( SE AL) Permittee hereby accepts the terms of this Permit, and covenants an agrees that it will comply with the terms and conditions of this Permit. Dated this 2nd day of February , 2010 . IND142 RIVER COUNTY By : Peter D . O ' Bryan , Cha Date Signed : February 2 , 2010 ATTEST : J . K . Barton, Clerk B Deputy Clerk APPROVED : M1 Joseph . Baird, County Administrator proved as to Form and Legal Sufficiency r , y F By ; � County Attorney 6 STATE OF FLORIDA INDIAN RNER COUNTY THIS 5 T CERTIFY THAT THIS IS A TRUE AND CORRECT COM' OF THE ORIGINAL ON FJU IN THIS OFFICE JEFFREY K SAFM CLERK DATE IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its board of Supervisors , this day of ILL) � , 2010. Signed , sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONT OL DISTRICT David E . C?: nter, Secretary s to District ( SEf,L) Permittee hereby accepts the terms of this Permit, and covenants inei agrees that it will comply with the terms and conditions of this Permit . Dated this 2nd day of February , 2010 . INDIAZ RIVER COUNTY By : 03 — Peter D . O ' Bryan , Charman Date Signed : February 2 , 2010 ATTEST : J . K . Barton, Clerk Deputy Clerk APPROVED : B ,, r % oseph . Baird, County Administrator proved as to Form and Legal Sufficiency r H By : lis County Attorney 6