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HomeMy WebLinkAbout2016-002 AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND HUGH D. CORRIGAN i FOR INSTALLATION AND CONSTRUCTION OF ASPHALT MILLINGS ALONG 11 45T" STREET WEST OF 66T" AVENUE THIS AGREEMENT, entered this _12th day of 1a,,,,a,,, , 2016, 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 Hugh D. Corrigan of Vero Beach, Florida, hereafter referred to as "Corrigan." WITNESSETH WHEREAS, as the designated representative of multiple benefitted landowners, Corrigan has requested assistance to design, permit and construct 45th Street from an unpaved, dirt road to a two lane road treated with asphalt millings within County-owned right-of-way on the westernmost one-third of a mile (1/3 mile) of 45th Street west of 66th I Avenue in Indian River County, hereinafter referred to as the "Project", and; WHEREAS, the millings will reduce the amount of maintenance needed for 45th Street and improve mobility, safety and drainage; and WHEREAS, the millings will eliminate the need for road grading; and WHEREAS, the millings will reduce dust and maintenance/repair of vehicles; and WHEREAS, the approximate cost of the asphalt millings is $20,000; and WHEREAS, the County has added millings to other unpaved roads with positive results; and WHEREAS, both County and Corrigan can mutually benefit through a joint effort to provide road improvements on 451h Street west of 66th Avenue. THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the County and Corrigan agree as follows: 1. The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. The County agrees to plan, design and improve 45th Street by adding asphalt millings to the existing, unpaved road surface. The project shall be performed by the County, within County-owned right-of-way, on the westernmost one-third of a mile (1/3 mile) of 45th Street west of 66th Avenue in Indian River County. 1 a 3. The County is responsible for all design, permitting, construction and inspection. 4. Corrigan shall remit payment to the County in the sum of twenty thousand dollars ($20,000) within ten days of approval of this Agreement. If Corrigan fails to make payment to the County within ten days of Agreement approval,this Agreement shall become null and void. 5. Should the County fail to commence construction of the improvements within six(6) months of approval of Agreement by the Board of County Commissioners, Corrigan shall have the right to terminate this agreement and receive a refund of any money i paid to the County. Construction commencement shall be defined as one or more of the following activities: survey staking, utility relocation, excavation or preparation of the road surface or right-of-way, or application of asphalt millings. i 6. The County offers no guarantee and provides no warranty on the performance or durability of asphalt millings. The County will not add this asphalt millings portion of 45th Street into the County paved road monitoring and maintenance program. Corrigan has agreed to be a party to this Agreement solely as an accommodation to multiple landowners who will be collectively benefitted by the project. 7. The County shall continue to be responsible for maintenance and repair of the improved section of 45th Street. Corrigan undertakes no personal duty or responsibility to maintain the section of 45th Street improved by the project. , 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, 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 2 canon of construction for or against'any party by reason of the physical preparation of this Agreement. 14. County and Corrigan 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 Corrigan have caused these presents to be executed in their names, the day and year first above written. i HUGH D. CORRIGAN BOARD OF COUNTY COMMISSIONERS,,.....,,,, INDIAN RIVER COUNTY, FLOF 's .�c .J b Bob Solari, Chairman s BCC Approved: lanuary i�, ?ni-moi; �L�gNRIVER WITNESS: � Approved: WITNESS: R .(Corporate seal is acce able' place of witnesses) By Jo ph A. Mird, County Administrat r Approved as to form and legal sufficiency Attest: for- : Jeffrey R. Smith, Clerk of Court William K. DeBraal Deputy County Attorney 3