HomeMy WebLinkAbout2017-013 RESOLUTION NO. 2017- ni-i
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE COUNTY UTILITIES DIRECTOR, ON
BEHALF OF THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS TO EXECUTE CERTAIN
AGREEMENTS RELATING TO THE TIMING OF ACCEPTANCE
OF WATER AND/OR SEWER SYSTEMS IN CERTAIN TYPES
OF PHASED DEVELOPMENTS.
WHEREAS, there are instances in certain types of phased developments in which the County
desires to accept for ownership and maintenance of water and sewer utilities within a particular phase
of development while leaving a portion of the water and/or sewer utilities on other portions of the
property still under development within the responsibility of the developer; and
WHEREAS, in such instances the County desires the developer to confirm responsibility for
maintaining, repairing and owning those portions of the water and/or sewer utilities on other portions
of the property still under development; and
WHEREAS, in such instances, the County also desires to maintain the right to enter onto the
developer's private property in order to respond, if necessary, to a broken or defective utility line, with
the developer agreeing to pay for the costs of such response; and
WHEREAS, the Board desires that the Utilities Director enter into such agreements consistent
with the agreement attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA THAT:
1. The above-recitals are affirmed;
2. The Indian River County Board of County Commissioners (the "Board') hereby specifically
delegates to the County Utilities Director, the authority to execute agreements on behalf of the
Board in substantially the form attached hereto, and provided that all such agreements contain
the signature of the County Attorney, or his designee, approving such documents as to form
and legal sufficiency.
3. The Board also ratifies previous agreements entered into by the County Utilities Director that
satisfy these requirements.
The foregoing Resolution was offered by Commissioner n�Rryan and seconded
by Commissioner Adams , and, upon being put to a vote, the vote was as follows:
Chairman Joseph E. Flescher AYE
Vice Chairman Peter D. O'Bryan AYE
Commissioner Susan Adams AYF,
CommissionerTim Zorc AYR
Commissioner Bob Solari AYE
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RESOLUTION NO. 2017--LU
The Chairman thereupon declared the Resolution duly passed and adopted this 2] day of
February, 2017.
Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA
Court and Comptroller BOARD OF COUNTY COMMISSIONERS
By By
D Clerk J eph If Flescher, Chairman 0..••''�COAtM"'••�,
#r ••.FAN:
Approved as to form and legal +
:
sufficiencY '*: 1
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ylan Reingold �""'`~
County Attorney
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MEMORANDUM OF UNDERSTANDING
FOR CERTAIN PHASED DEVELOPMENTS BETWEEN
DEVELOPER
AND
INDIAN RIVER COUNTY,FLORIDA
This Memorandum of Understanding (hereinafter "MOU") is made and entered into by
and between , a Florida , its successors and
assigns, ("Developer") and Indian River County, Florida, a political subdivision of the State of
Florida, ("County").
Recitals
WHEREAS, Developer is in the process of developing a development known as
("Name of Development") in Indian River County; and
WHEREAS, the County has agreed to permit [description of individual"
project] in [Name of Development] prior to the Developer's conveyance of the water and sewer
systems to the County, subject to the terms and conditions of this Memorandum of Understanding;
NOW, THEREFORE, in consideration of the mutual covenants contained herein'and
other good and valuable consideration, the Developer and County hereby agree as follows:
1. The foregoing recitals are true and incorporated as if fully restated herein.
2. Developer agrees that all offsite and onsite water and sewer utilities which serve the
[Name of Development] are and will remain privately owned and maintained by
Developer until the offsite and onsite water and sewer utilities are completed pursuant
to Utility Construction Permit ; are dedicated to Indian River County by a
bill of sale; and are accepted by the County Utilities Department and proper security
has been posted for the one-year warranty. Until such time as these offsite and onsite
utilities (under UCP are dedicated to the County and accepted by the County
Utilities Department, and acceptable warranty security has been posted with the
County, Developer shall be responsible for any and all maintenance and repairs which
may be required.
3. Developer agrees that the one-year warranty period for all onsite and offsite water and
sewer utilities for the [Name of Development] (under UCP will commence
from the effective date of the Bill of Sale.
4. The Developer hereby designates the following person who may be contacted any time,
seven days a week, 24 hours a day, if any water or sewer system emergencies arise
prior to conveyance of the utilities to, and acceptance by, the County:
Name:
Title:
Address:
Phone Number:
Email Address
5. Developer acknowledges that the County shall have no responsibility for maintenance,
repairs or ownership of the offsite and onsite water and sewer utilities until such time
as the offsite and onsite utilities are dedicated to the County (acceptable warranty
security is provided) and accepted by the County Utilities Department.
6. This Memorandum of Understanding shall terminate upon dedication of the offsite and
onsite utilities by bill of sale to, and acceptance by, the County, together with the
posting of acceptable warranty security.
7. If the [Name of Development] is transferred by the Developer, Developer
acknowledges that this Memorandum of Understanding will be preserved and recited
in any document transferring title to Developer's successors and/or assigns.
8. In the event of the need to respond to broken or defective utility lines to protect the
public interest, health, safety and welfare, the County shall have the right to respond
should the Developer fail to immediately cure pursuant to paragraphs 2 and 5 above,
and County shall have the right to resort to any and all legal remedies to recover its
costs associated with such response. Further, Developer gives permission to County,
County's contractors and subcontractors to enter on the [Name of the Development]
for purposes of any emergency response to cure.
Signed in the presence of
the following witnesses: Developer
sign: By:
print: Print Name
Position/Title
sign: Date:
print:
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F•\Attomey\Dylan\DRAFT-MEMORANDUM OF UNDERSTANDING FORM.docx
Signed in the presence of
the following witnesses: INDIAN RIVER COUNTY, FLORIDA
sign: By:
print:
Authority: Resolution No. 2017-
sign:
print: Date:
Approved as to form and
legal sufficiency:
Dylan Reingold
County Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing was acknowledged before me this day of 20_, by
the of
a Florida , who executed on behalf of and
with the full authority of said entity, and who is either personally known to me or produced
(driver's license or passport) as identification.
NOTARY:
signature:
(stamped seal with printed name, commission
number and commission expiration date) SEAL:
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F\Attorney\Dylan\DRAFT-MEMORANDUM OF UNDERSTANDING FORM.docx
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing was acknowledged before me this day of - 20_, by
, the Utility Services Director of Indian River
County, Florida, a political subdivision of the State of Florida, who executed on behalf of and with
the authority of the Indian River County Board of County Commissioners and who is personally
known to me.
NOTARY:
signature:
(stamped seal with printed name, commission
number and commission expiration date) SEAL:
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F-\Attomey\Dylan\DRAFT-MEMORANDUM OF UNDERSTANDING FORM.docx