HomeMy WebLinkAbout2015-036PERMIT AND INTERLOCAL AGREEMENT
(No. IRC -4)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this 3rd day of
March ,2015 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 4th 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 months (60) months from January 1, 2015, unless sooner terminated
as hereinafter provided, to construct, maintain, inspect, operate and repair a force main in
District right-of-way along Oslo Road from 27th Street easterly, with two crossing
extensions South across sub -lateral E -8/J-2 canal, to Lateral "J" Canal; the crossing of
Lateral "J" Canal (approximately 100 feet North of Oslo Road Bridge); and force main
North and 5 feet inside the East right-of-way of the Lateral "J" Canal for a distance of
2,250 lineal feet (0.4261 miles) at the locations and in accordance with the plans and
specifications attached hereto and marked "Exhibit A" and signed by the parties and, by
reference, made a part hereof, together with the right of ingress and egress on and over
the property at said 1o'Ltions; 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 force main has been in exact conformity
with the plans prepared by Masteller & Moler Associates, Inc. marked "Exhibit
A".
2. The rights shall extend only for force main 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 force main and shall save and hold harmless District from any
expense, loss, damage or claim in regard thereto, and the District assumes and
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PERMIT AND INTERLOCAL AGREEMENT
(No. IRC-4) a.0�5• d3�
THIS PERMIT and INTERLOCAL AGREEMENT, dated this 3rd day of
March ,2015 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 4th 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 months (60) months from January 1, 2015, unless sooner terminated
as hereinafter provided, to construct, maintain, inspect, operate and repair a force main in
District right-of-way along Oslo Road from 27th Street easterly, with two crossing
extensions South across sub-lateral E-8/J-2 canal, to Lateral "J" Canal; the crossing of
Lateral "J" Canal (approximately 100 feet North of Oslo Road Bridge); and force main
North and 5 feet inside the East right-of-way of the Lateral "J" Canal for a distance of
2,250 lineal feet (0.4261 miles) at the locations and in accordance with the plans and
specifications attached hereto and marked "Exhibit A" and signed by the parties 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 force main has been in exact conformity
with the plans prepared by Masteller & Moler Associates, Inc. marked "Exhibit
A".
2. The rights shall extend only for force main 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 force main and shall save and hold harmless District from any
expense, loss, damage or claim in regard thereto, and the District assumes and
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shall have 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 sixty 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, its 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 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 sixty (60) 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.
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.
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9. The Permittee shall at all times maintain cable markers above ground at 100 foot
intervals to show the location of any underground objects. The force main shall
be 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 force main 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 arrange for such installation, repair or replacement with personnel
and equipment to insure that the force main 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 force main within the said right-of-way in order that the location of name 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.
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13. Permittee, as a condition to the continuance of this Permit, shall reimburse
District, immediately on demand, for any reasonable 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. Permittee's obligations under this permit are limited to the extent permitted by
Florida law, and in no event greater than the limits set forth in Florida Statutes,
Section 768.28.
15. The Permittee shall pay to the District an annual rental of Six Hundred Thirty
Nine and 15/100 Dollars ($639.15), 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.
16. This Permit shall be effective January 1, 2015 and continue for a period of sixty
(60) months unless sooner terminated as provided herein.
17. In the event that this Permit is canceled or terminated, the Permittee shall, at its
expense, promptly remove the sewer force main from the right-of-way of the
District.
18. 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.
19. 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
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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 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
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 is 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.
20. This Permit may not be assigned or subletted to a third part and any transfer of
Permittee's property abutting District's property or right-of-way shall, ipsofacto
and without more, cancel, nullify and revoke this Permit.
21. Should Permittee, during the term hereof, become a "member operator", as
defined by Florida Statutes, Section 556.102, then such membership shall, ipso
facto and without more, cancel, nullify and revoke this Permit.
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. His clause shall survive
termination or expiration of this Permit.
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IN WITNESS WHEREOF, said District has caused these presents to be
executed in its name by its Secretary and its corpo e seal hereto affixed, by due
Al In
authority of its Board of Supervisors, this�—day of YAP , 2015.
Signed, sealed and delivered
in the presence o£ INDIAN RIVER FARMS WATER
CONTROL DISTRICT
I
By:AAue' .
David E. Gunter, Secretary
as to District
(SEAL)
Permittee hereby accepts the terms of this Permit, and covenants and agrees that it
will comply with the terms and conditions of this Permit.
Dated this 3rd day of March , 2015.
INDIAN VER COUNTY
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B J`,.��pA1MJSS 0✓F� .
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WesVvDavis, Chairman
Date Signed: March 3, 2015
ATTEST: Jeffrey mith, CPA, F GMA��iCo
By:
Clerk of e Circuit rt & C ptroller
APPROVED:
By: .
/J seph A Baird, County Admini trator
A proved as to Form an -Legal Sufficiency
By:
ylan T. Reingold, County Attorney
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