HomeMy WebLinkAbout2015-041PERMIT AND INTERLOCAL AGREEMENT
(No. IRC -10)
;DATE:
ITEM NO:
INDEX NO
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 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, 2015, unless sooner terminated as
hereinafter provided, to construct, maintain, inspect, operate and repair a 24" diameter
PVC sanitary sewer force main on, over and across District right-of-way within and along
the Lateral "B" Canal right-of-way for the 1.5 lineal mile section located from 8th Street
to ,5th Street S.W. 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 shall be in exact conformity
with the plans prepared by Kimley-Horn & 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 installation, operation and
maintenance of said force main and shall expressly assume all risk of loss to or in
connection with the same, including without limitation any expense, loss, damage
or claim from any cause whatsoever, and the District assumes and shall have no
liability or responsibility 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 and water control functions and operations, and
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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.
9. The Permittee shall at all times maintain markers above ground at 100 foot
intervals to show the location of any underground objects. The force main 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
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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 undertake 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.
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.
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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 Two Thousand Two
Hundred Fifty and 00/100 Dollars ($2,250.00), payable in advance, representing
One Thousand Five Hundred and 00/100 Dollars ($1,500.00) per lineal mile;
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 this 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, from any cause whatsoever, whether by reason of the provisions of
Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and,
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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, ipso facto
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. This 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 corporate seal hereto affixed, by due authority of its Board
Alk
of Supervisors, this Itr day of leb Y(k(m(\,, 2015.
Signed, sealed and delivered
In the presence of:
/6-acomAi 4 4,
Cbz
as to District
INDIAN RIVER FARMS WATER
CONTROL DISTRICT
By:
David E. Gunter, Secretary
(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 RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Wesley S. avis, Chairman
Date Signed: March 3, 2015
ATTEST: Jeffr-_/' . Smith/' A '/.
By. /
erk of the Circ t- o -- Comptroller
APP •VED:
By: .. •"�
11)
seph A. aird, County Admi istrator
Aroved as to Form and Legal Sufficiency
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an T. Reingold, County Attorney
PERMIT
DiINTERLOCAL AGREEMENT
RC -10
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