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Home My WebLink About2017-027G COUNTY ATTORNEY'S OFHCE 3120170017016 INDIAN RIVER COUNTY RECORDED IN THE PUBLIC RECORDS OF - 1 JEFFREY R SMITH, CLERK OF COURT 1801 27th Street INDIAN RIVER COUNTY FL Vero Beach, Florida 32960 BK. 3011 PG: 2468 Page 1 of 5 4/32017 1017 AM THIRD AMENDED AND RESTATED FELLSMERE WATER CONTROL DISTRICT—INDIAN RIVER COUNTY INTERLOCAL AGREEMENT This Third Amended and Restated Fellsmere Water Control District — Indian River County Interlocal Agreement ("Restated Agreement") is executed this -n;day of -Marc-;h r , 2017 (the "Effective Date"), by and between Indian River County, a political subdivision of the State of Florida, (the "County")and the Fellsmere Water Control District,a Water Control District formed in 1919 by the Circuit Court of St. Lucie (now Indian River) County and currently operated as a Special District and state agency under Chapter 298 of the Florida Statutes (the "District"). Whereas, on October 29, 1974,the District granted to the County an easement (the "Easement") so that the County would have the right to maintain specifically described rights-of-way within the District; and Whereas, in the Easement, the District reserved the fee simple title to those rights-of-way described in the Easement and the right to alter or construct canals, ditches, drains, bridges and other drainage facilities within such rights-of-way; and Whereas, on September 10, 1975, County and District entered into an Interlocal Agreement in which the parties agreed that the County would have the right to maintain certain roads within the District (the "Interlocal Agreement"); and Whereas, the Interlocal Agreement was twice amended in 1997 and 2003, to include additional rights-of-way (the Interlocal Agreement and the two amendments and this Restated Amendment shall collectively be referred to as the "Agreement"), and Whereas,the County desires to add additional roads for grading to Grader Route No. 3; and Whereas,the County desires to cooperate with the District to continue to grade certain roadways described in the Agreement and also to grade those additional roadways described in this Restated Agreement; and Whereas, while the County has agreed to provide stabilizing material, as needed, for the additional roadways for grading purposes,the District will be responsible for providing adequate drainage necessary for the County to continue future grading; NOW,THEREFORE, in consideration of the foregoing and the mutual benefits, undertakings and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1.The foregoing "Whereas" clauses are true and correct and are incorporated herein. Section 2 Historically, County has performed some maintenance on the roads designated in the Agreement and is willing to continue providing grading service to the residents of the Water Control District, contingent upon the availability of County equipment, cooperation from the District, including, but not limited to providing drainage from roadways, whether in the District right of way or not, and the necessary funding to meet the road grading requirements. Secondary drainage is the responsibility of the landowner, whether a city lot, 5 acre tract or 5,000 acre farm. Secondary drainage is the drainage from C.\Users\tweyandt\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PNHJ32DZ\Fellsmere Water Control DistrictThird Amended Interlocal Agreement.docx the landowner's property to the District sub-lateral system.All secondarydrainage must enter the District system via culvert or pipe from adjacent property, approved and permitted by the Water Control District. Section 3. The parties agree that County will grade only roads that are existing and are currently utilized by the District for maintenance purposes as set out in Exhibit "A." The burden will be on the District and property owners within District to move any encroachments on said roads and to assist County wherever feasible to facilitate the grading operation. Section 4. The term of this Restated Agreement shall be for three years, commencing on the Effective Date of this Restated Agreement. The parties may agree to two additional one year renewal terms of the Restated Agreement, by agreeing in writing at least 90 days prior to the expiration of the initial or renewal term. The parties to this Restated Agreement understand that this Restated Agreement may be terminated by either at any time in the future for any reason. The purpose of this Restated Agreement is simply to satisfy the need within District for grading service through the cooperation of two governmental bodies. Section 5. Solely to the extent permitted by law,and for tort actions, in no event greater than the limits set forth in Florida Statutes, Section 768.28, if the District is an agency of subdivision under Florida Statutes, Section 768.28, the District agrees to indemnify County, its agents, officers, supervisors and employees against all claims, losses and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts of the District, its employees, and elected officials arising from performance under this Restated Agreement. Nothing herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the District for any negligent acts or omissions of the County, its agents and employees arising out of, under, or in connection with this Restated Agreement. Similarly, the County agrees to indemnify the District its agents, officers, supervisors and employees against all claims, losses and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts of the County, its employees, and elected officials performance under this Restated Agreement. Section 6. Except as otherwise expressly provided herein, this Restated Agreement is solely for the benefit of the named parties, and no enforceable right or cause of action shall accrue hereunder to or for the benefit of any entity or individual not a named party hereto. Section 7. Any notice required hereunder shall be in writing and shall be delivered by personal delivery, courier, express or overnight mail, or certified mail, return receipt requested, addressed to the appropriate party as follows: If to County: Public Works Director Indian River County 1801 27th Street Vero Beach, Florida 32960 If to District: Fellsmere Water Control District Superintendent of Plant and Operations PO Box 438 Fellsmere FL 32948 2 IN WITNESS THEREOF,the parties have set their hands and seals the date entered below Signed, sealed and delivered in the presence of: Fellsmere Water Control District, a 1, I �rn. ��I } water control district existing under Print Name: ` 1L- Chapter 298 of Florida Statute By. PrintName: �It 6 c�i r� �k'r�<i� 3 Richard Carnell, President Board of Supervisors Indian River County, Florida ATTEST: Jeffrey R. Smith, Clerk of Court By: C and ComptrollerJose E. Flescher, Chairman Board of County Commissioners By: Lt.-- ,..Nyy Deputy Clerk ,#0 COMM/sS~'•a BCC approved: 2/21 /17 Approved as to form and legal sufficiency- By. Dylan Reingold.County Attorney 1 �yo9 •O�oe co 3 STATE OF FLORIDA COUNTY OF INDIAN RIVER l The foregoing instrument was acknowledged before me thia� day of 2017 by Richard Carnell, as President of the Board of Supervisors of Fellsme er Cc)utrolDistri t�_�a mater control district existing under Chapter 298 of the Florida Statutes, o is personally known to me'or who has produced as identification. � � r M. (�—'k-(c SEAL Notary Public to of Flo id f aY" TERI M.WEYANDT Print Name: MY COMMISSION t FF 139307 My Commission Expires: * EXPIRES:Jury 17,2018 My Commission Number is: � ��gJEnP F7e\oP Bonded Thru Budget Notary Servicts STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this -j() day of Margin 2017 by Joseph E. Flescher,Chairman of the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, who is personally known to me. a" L.PQRq 'qib " ��\ �,••• 1SSI0•�� ivi SEAL Notary Pu ic, State of Florida i '-10�oy /'�oO9� % Print Name: Misty L. Pursel My Commission Expires: lantzary 11, 2018 'y• RFF65450 ;aQ My Commission Number IS: FF65450 � ••god BondedthN��e�•QQ` Ol 11I 1 �O\\\\\ 4 EXHIBIT A: ROAD GRADER ROUTES IN FELLSMERE Indian River County Public Works Department, Road and Bridge Division i11 j 117TH ST 11 Q II = 11 00 115TH ST M Map Legend ItG 11 507 New Road Grader Routes, 113TH ST 113TH ST(DITCH 6) Fellsmere Additions it _____ Existing IRC Road Grader Routes 111TH ST 11 111TH ST Municipal Boundaries II j n New road grading maintenance added per 109TH ST it109TH ST(DITCH 8) Board of County Commissioners'direction _______'=___-_ - in212112017 BCC meeting j 107TH ST ;; 107TH ST(DITCH 9) 11 ------ --------- I 11 11 11it I I 11 ,1 105TH ST(DITCH 10) 11 II> Q'11 i I 11 F 103RD ST(DITCH 11) "0 103RD I ST(DITCH 11)11 n ' • �'11 11 11 ' I 101ST ST 101 ST ST(DITCH 12) -------- ----- -------1.'.J ir-------- -r==�1=------ 1 99TH ST(VICKERS RD) It 99TH ST(DITCH 13) I„STATE ST 99TH ST) YAMIn i 11 11 97TH ST -- 97TH ST(DITCH 14)y__-- I 87TH ST(DITCH 14) j j iK �_.l i95TH ST 'h •--• — i „ - IL.±'�i 1111 n ilVi n it 111 93RD ST(DITCH 16) „ i`� " =11 11 '' j 11111"'93RD T�11� ; i j ��L.... I n II 11 % 91ST ST(DITCH 17) II �• J 91ST ST(DITCH 17) l._r.• I 89TH ST(DITCH 18) L ! N 89TH ST DITCH 18 1 512 -- ------- ( ---- )---- �� r _.—..—..—..— .�- --;---I- -� S 89TH ST-------- I 87TH ST 0 87TH ST j 87TH ST(DITCH 19) fi - --i e- li =--------------------. 85TH ST G)- 85TH ST(DITCH 20) 85TH ST(DITCH 20) , l.—••—__—__--_—•--•- L.............. j 83RDST(DITCH 21)------ > ' 1 � j z � 81 ST ST(DITCH 22) 81 ST ST(DITCH 22) " 11 I 79TH ST(DITCH 23) z N ) " W E __ ______�- n S I 77TH ST(HOBART RD) 0 0.25 05 1 Miles Map Date 3/20!2017 IRCGIS/CPL Path U\Projects\GIS\Maps\StreetMap\Road_Grader—Routes\RoadGraderRoutes_Fellsmere-2017_0310—v6 mxd