HomeMy WebLinkAbout2015-242AGREEMENT FOR DREDGING AND IMPROVEMENT OF GREEN
SALT MARSH CONSERVATION AREA (AKA HEAD ISLAND)
THIS AGREEMENT is entered into this 15th day of December , 2015, by and
between Indian River County, a political subdivision of the State of Florida, 1801 27th Street,
Vero Beach, FL 32960 ("County") and St. Christopher's Harbor Homeowner's Association, Inc.,
a Florida non-profit corporation, 2136 Harbor Lane, Vero Beach, FL 32963 ("Association").
WHEREAS, St. Christopher's Harbor is a 14 lot subdivision located on the west side of
State Highway A -1-A abutting the Indian River Lagoon. At the western end of the subdivision
lies the Green Salt Marsh Conservation Area, also known as "Head Island," a former mosquito
impoundment now used as conservation land and is owned by Indian River County; and
WHEREAS, there is a narrow strip of land ("Land Bridge") connecting Head Island with
the subdivision that was constructed in the mid-1950s for mosquito control access at
approximately the time the subdivision was originally constructed; and
WHEREAS, the Land Bridge impedes historical flow of tidal flushing between Head
Island and St. Christopher's Harbor, resulting in reduced water quality and prevents any boating
access in the Lagoon to the north or south between Head Island and St. Christopher's Harbor;
and
WHEREAS, the Association has offered to enter into this written agreement
(Agreement) with the County for the dredging and removal of the Land Bridge to restore tidal
flow and to restore a navigable channel for boating access east of Head Island to benefit the
homeowners in the subdivision; and
WHEREAS, removal of the Land Bridge also benefits the general public by providing
more direct boater access to deep water channels in the area, thus reducing potential boating
impacts to seagrasses in shallow flats that are in the path of current boater access; and
WHEREAS, the restoration project calls for removal of dredged material to a safe
upland location and removal of exotic trees (Brazilian Pepper) from the island. The County and
the Association, with the help of a grant from the Florida Inland Navigation District (FIND), are
to share the cost of the above improvements on Head Island; and
WHEREAS, on December 16, 2014, the County entered into a contract with TSI
Disaster Recovery, LLC, to perform those tasks; however, after the County approved the
contract, regulating agencies advised the County they would not permit placement of dredged
material on Head Island as was presumably allowed in the contract, therefore, the contractor
removed the exotics only and the contract was mutually terminated; and
M:V ACiGreen Salt Marsh aka Head hbndiI end Cove resoratio&Xead Island Agreement w St Christopher Harbor s bdnision.doe
Page 1 of 4
WHEREAS, the County has rebid the project of removing the Land Bridge and restoring
access and tidal flow with off-site removal of dredged material using the Association's private
streets ("the Project") and on August 18, 2015, the County authorized a contract with CO
Services, LLC in the amount of $159,770.41 to perform the Project; and
WHEREAS, the Association has offered to enter into this Agreement with the County in
which FIND grant funds in the amount of $25,376.00 would be used for the Project and the
County and the Association will share the remaining cost of the Project with the Association
paying $45,884.71 and the County paying $88,509.70; and
WHEREAS, the Association has already paid $38,000.00 of their own funds for costs of
engineering, permitting and consulting services; and
WHEREAS, the County desires to accept the Association's offer, recognizing that the
Agreement will result in a public — private cooperative effort which will benefit the Lagoon and
the residents of Indian River County,
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereby agree as follows:
1. RECITALS. The above recitals are true and correct, and are incorporated herein.
2. BID DOCUMENTS AND CONTRACT WITH CO SERVICES, LLC. The
bid documents, construction plans and the Contract between the County and CO Services, LLC,
in the amount of $159,770.41 to perform the Project are incorporated by reference herein.
3. PAYMENTS TO THE COUNTY BY ASSOCIATION. The Association shall
pay and the County shall accept the sum of $45,884.71 as the Association's contribution for the
project. Since the Association will have to specially assess its members in order to acquire
sufficient funds to meet its obligation, payment shall be due twelve (12) months from the date of
execution of this Agreement. By entering into this Agreement, the Association affirmatively
states that its members, property owners and Board of Directors have approved the expenditure
of funds in the amount of $45,884.71, said approval not to be withdrawn without the prior
permission of the County.
4. USE OF ASSOCIATION STREETS. The Association shall permit their streets
to be used by the contractor during the course of the Project for ingress, egress, mobilization,
demobilization and removal of dredged materials. The County or its contractor shall have no
duty to repair or replace the Association's streets due to damage sustained as a result of the
Project, if any.
5. TERM. The term of this Agreement shall commence upon execution of the
Agreement by all parties, and shall terminate 12 months after such date of execution, or upon
County receipt of full payment of $45,884.71 from the Association, whichever occurs first.
M: i IACCGreen Salt Marsh aka Head lslardtHead Care restomrmntlkad island Agreement .e Sr Christopher Harbor subdi.isinn.doe
Page 2 of 4
6. TERMINATION. The Parties shall have a right to terminate this Agreement if
any regulatory authority refuses to issue any permits needed for the Project. Either Party has
have the right to terminate this Agreement in the event of default or material breach by the other
party.
7. DEFAULT. Each of the following shall constitute an event of default: (a) the
failureby either party to make payments when due; (b) the failure by either party to comply with
any other material provision of this Agreement. Upon the occurrence of a default, the non -
defaulting party shall be entitled to all remedies in law or in equity, including, without limitation,
termination of the Agreement; provided, however, that an event of default shall not be grounds
for termination, unless, with respect to the non-payment of payments due, such non-payment
continues for seven (7) business days after receipt of written notice demanding payment, and,
with respect to the failure to comply with any other material provision of this Agreement, such
failure continues for fifteen (15) days after receipt, delivery to the Party of written notice
demanding compliance.
8. NOTICE. Any notice required by this Agreement, or which either party may
desire to serve upon the other, shall be in writing and shall be deemed served when hand
delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, as
to
County: Indian River County Board of County Commissioners
Attention: Community Development Director
1801 27th Street
Vero Beach, Florida 32960-3365
Association: St. Christopher's Harbor Homeowner's Association, Inc.
Attention: Board of Directors
2136 Harbor Lane
Vero Beach, FL 32963
The above addresses may be changed by either party by written notice to the other party.
M:lIAAC,Green Salt Marsh aka Head lslandiNrad Core resro.oriontllead Island Agreement . Sr Christopher !!arbor svbdreisian.doe
Page 3 of 4
IN WITNESS WHEREOF, the County and the Association have caused this Agreement
to be executed in their respective names as of the date first set forth above.
ATTEST: Jeffrey R. Smith, Clerk of BOARD OF COUNTY COMMISSIONERS
Courts, and Comptroller .1,—, COr . OF INDIAN RIVER COUNTY ("County")
vN M,s�ti. ( Y )
•i �"
By: i
;� Bob Solari, Chairman z
c
9 '
\y�•
:: Approved by BCC: December 15, 2015
OUtt1Y. " .
Approved:
osep : aird
ounty Administrator
Approved as to form and legal
sufficiency:
William K. DeBraal
Deputy County Attorney
ST. CHRISTOPHER'S HARBOR
HOMEOWNER'S ASSOCIATION, INC.
("Association")
By:
PrintAiame: Ann
Print title: Presideri
6arrcmbt 3/284,4
Signed, sealed and delivered in the presence
of:
By:
. ►
s7.401
Print name: 120141ND t`A.-
Af:VAACGreen Salt Marsh aka Head Islanddkad Co e resrararian‘Bead Island Agreement..St Christopher Harbor sabdi isiandor
KELLY BUCK
, iaY'P`�<< Notary Public State of Florida
My Comm Expires May 25.2016
=,J• Commission # EE 201617
;E p .. Bonded Through National Notary Assn.
Page 4 of 4