HomeMy WebLinkAbout2018-148.X oUNTY ATTORNEY'S OFFICE 3120180050495
r DiLD�AN RIVER COUNTY JEFFREY
IN THE PUBLIC RECORDS OF
180 I 27th Street JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
Vero Beach, Florida 32960 BK: 3141 PG: 955 Page 1 of 7 8/15/2018 2:59 PM
AGREEMENT FOR LIFT STATION GENERATOR INSTALLATION
This Agreement for Lift Station Generator Installation (hereinafter "Agreement") is made and
entered into on the -today of aK , 2018 by and between: CERTUS VRO OWNER LLC, a
limited liability company with an address of 1400 Poinsettia Avenue, Orlando, Florida 32804
("Property Owner"); and Indian River County, Florida, a political subdivision of the State of Florida,
located at 1802 27th Street, Vero Beach, FL, 32960 ("County").
Recitals
WHEREAS, the Property Owner is developing an Adult Congregate Living Facility with 64
beds ("ACLF") on the property located at 5380 US Highway 1, Vero Beach, FL 32967 (the
"Property"), which is described in Exhibit "A"; and
WHEREAS, in order for the Property to be developed as the ACLF, a diesel engine, 125 KW
generator, or equivalent as determined by the County ("Generator"), will need to be installed at the
County lift station located at 5354 Reserve Drive, on the north side of 53rd Street east of U.S.
Highway 1 (the "Lift Station"); and
WHEREAS, the County will also utilize the Generator at the Lift Station to serve other County
customers who are served by the Lift Station; and
WHEREAS, therefore the County and the Property Owner are willing to split the costs of the
installation of the Generator for the Lift Station,
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the Property Owner and County hereby agree as follows:
1. The foregoing recitals are true and incorporated as if fully restated herein.
2. Installation of Lift Station Generator. The County Department of Utility Services shall
install a Generator for the Lift Station.
3. Installation Cost. With respect to the Generator for the Lift Station, the Property Owner
shall pay the County for fifty percent of the entire cost to permit and install the Generator
for the Lift Station. The estimated cost to permit and install the Generator for the Lift
Station is $87,574.00. Property Owner shall pay the County $43,7.87.00 (the "Deposit")
within 30 calendar days of the Effective Date of this Agreement, as defined in Paragraph
12. The County will not begin permitting or installing the Generator for the Lift Station until
the County receives the entire amount of the Deposit.
Upon completion of the permitting and installation of the Generator for the Lift Station, the
County shall provide the Property Owner with the final (actual) cost for the permitting and
installation of the Generator for the Lift Station and the Property Owner shall pay to County
fifty percent of the additional costs over the amount of the estimated cost set forth above,
or $5,000.00, whichever is less, within 15 calendar days after request by the County.
Page 1 of ' 7
C:\Users\mgrierWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\3CSPHVQWWgreement for Lift Station Generator. final.dom
If the cost for the permitting and installation of the Generator is less than the estimated
cost, the County shall reimburse the Property Owner fifty percent of the difference between
the estimated cost and the final (actual) cost within 30 calendar days of the installation of
the Generator for the Lift Station.
4. Unpaid Installation Costs to Constitute Lien. Pursuant to section 153.67, Florida Statutes,
in the event that the Property Owner does not pay fifty percent of the entire cost of the
permitting and installation of the Generator for the Lift Station, within 90 calendar days of
the installation of the Generator for the Lift Station, any unpaid balance thereof and all
interest accruing thereon shall be a lien on the Property. Per section 153.67, Florida
Statutes, such lien shall be superior and paramount to the interest on such property of any
owner, lessee, tenant, mortgagee or other person except the lien of County taxes and
shall be on a parity with the lien of any such County taxes. County shall be entitled to
seek any remedies set forth in section 153.67, Florida Statutes or otherwise set forth under
Florida Statutes.
5. County Improvements. Unless determined otherwise by the County, any and all
improvements constructed or installed by the County shall be the property of the County.
Additionally, the County shall have the right to utilize the constructed improvements for
any and all other purposes. The Property Owner shall not be responsible for operating and
maintaining the Generator at the Lift Station.
6. Waiver of Any Right for Reimbursement. Property Owner waives any right it may have to
any reimbursement or payment for costs incurred under this Agreement by any third
parties.
7. Termination. The County may unilaterally terminate this Agreement upon 30 calendar
days' written notice to the Property Owner. This Agreement shall otherwise terminate
upon installation of the Generator for the Lift Station. The rights and obligations set forth
in sections 3, 4, 6 and 10 shall survive termination of this Agreement. If any title company,
third party purchaser, or prospective lender requires evidence of termination of this
Agreement, Property Owner and County agree to cooperate and take such further action
as is reasonably necessary to evidence such termination.
8. Property Transfer and Recordation. If the Property is transferred, the Property Owner
acknowledges that this Agreement will be preserved and recited in any document
transferring title to Property Owner's successors and/or assigns. This Agreement runs
with the land and shall be enforceable against any grantees, heirs or assigns and may
be recorded by the County. If any title company, third party purchaser, or prospective
lender requires evidence of satisfaction or release of this Agreement, Property Owner
and County agree to cooperate and take such further action as is reasonably necessary
to evidence such satisfaction or release.
9. Applicable Law; Venue. The validity, interpretation, construction, and effect of this
Agreement shall be in accordance with and governed by the laws of the State of Florida,
only. The location for settlement of any and all claims, controversies, or disputes, arising
out of or relating to any part of this Agreement, or any breach hereof, as well as any
Page 2 of 7
litigation between the parties, shall be Indian River County, Florida for claims brought in
state court, and the Southern District of Florida for those claims justiciable in -federal court.
10. Indemnification. Property Owner shall indemnify and hold harmless the County, its
commissioners, officers, agents, officials, employees, and subcontractors from and
against any and all claims, liabilities, losses, damage, or causes of action which may arise
from any gross negligence of intentional misconduct of either the Property Owner or any
of its respective agents, officers, or employees in connection with the performance of this
Agreement.
11. No Third Party Beneficiaries. Except as otherwise expressly provided herein, this
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.
12. Effective Date. This Agreement shall become effective upon execution by the Indian
River County Board of County Commissioners.
Signed in the presence of the
following witnesses:
sign:
ZiJk6l J11-0�
print name.1)eaJ I -
sign:
print
CERTUS VRO OWNER LLC, a Florida limited
liability company
By CERTUS RAC TESSIE I LLC, a Florida limited
liability company, its Manager
By CERTUS SL INVESTORS LLC, a Florida
limited liability company, its Manager
By CERTUS GP LLC, a Florida limited
liability company, its Manager
By:
ow-
Tro n
" rop ner"
INDIAN RIVER COUNTY, FLORIDA
ATTEST: Jeffrey . Smith, Cler ..,.�'��sni ......�F ,,..
Cort d Comptr
By:
���� �n o � •.�':
UC
By: 10 Peter D. O'Bryan, Chairm' n �o
eputy Clerk Board of County Commissioner -4.
BCC approved: August 14, 2oi
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Page 3 of '7'
B
DYLAN REINGOLD
COUNTY ATTORNEY
STATE OF FLORIDA
COUNTY OF Or"p-
re�
The foregoing instrument was acknowledged before me this 3 day of August, 2018,
by Troy M..Cox, Manager of CERTUS GP LLC, a Florida limited liability company, which is
the Manager of CERTUS SL INVESTORS LLC, a Florida limited liability company, which is
the Manager of CERTUS RAC TESSIE I LLC, a Florida limited liability company, which is the
Manager of CERTUS VRO OWNER LLC, a Florida limited liability company, who executed
on behalf of and with full authority to do so. - He is either personally known to me or has
produced (driver's license or passport) as identification.
METTAGRIER
MY COMMISSION # GG 232060
EXPIRES: June 28, 2022
AmndedThruNotary PubllcUndeWters
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
NOTARY PUBLIC
sign:
printed name:
Commission N
Commission E
SEAL:
n:
The foregoing instrument was acknowledged before me this 14t I h day of August, 2018,
by Peter D. O'Bryan, Chairman of the Board of County Commissioners of Indian River County,
Florida, a political subdivision of the State of Florida, who is personally known to me.
Page 4 of 7
NOTARY PUBLIC
1
sign:
printed name: M;GtV r._ air -,e1
Commission No.: GG 166068
Commission Expiration: January i_1,
SEAL:
v9' " Notary Public State of Florida
Misty L. Pursel
;� = •. j My Commission GG 166068
5►oir,oN Expires 0`1/11/2022
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Exhibit A„
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'. IEXHIBIT 'A'
DESCRIPTION OF PARCEL Al:
A PORTION OF PARCEL "A" OF 'THE LANDINGS, A COMMERCIAL SUBDIVISION' AS RECORDED IN PLAT BOOK 24. PAGE 40, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL "A" OF THE LANDINGS, A COMMERCIAL SUBDIVISION AS RECORDED IN PLAT BOOK
24, PAGE 40, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, RUN NORTH 62°34'20" EAST ALONG THE NORTHERLY
BOUNDARY LINE OF SAID PARCEL W', A DISTANCE OF 594.12 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL "A'; THENCE RUN
SOUTH 14°54'38" EAST ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL 'A". A DISTANCE OF 511.48 FEET; THENCE LEAVING SAID
EASTERLY BOUNDARY LINE, RUN SOUTH 75"05'22" WEST A DISTANCE OF 240.65 FEET; THENCE RUN SOUTH 14'54138" EAST A DISTANCE
OF 5.00 FEET; THENCE RUN THE FOLLOWING FOUR COURSES AND DISTANCES ALONG THE COMMON BOUNDARY LINE BETWEEN THE
AFOREMENTIONED PARCEL 'A" AND THE NORTH LINE OF TRACT 1 AS INDICATED ON THE ABOVE REFERENCED PLAT: SOUTH 75°05'22"
WEST. A DISTANCE OF 207.09 FEET; SOUTH 81°17'25" WEST, A DISTANCE OF 64.81 FEET; SOUTH 75"0622" WEST, A DISTANCE OF 37.81
FEET; NORTH 71°13'14° WEST, A DISTANCE OF 36.06 FEET TO THE WESTERLY BOUNDARY LINE OF AFOREMENTIONED PARCEL "A";
THENCE RUN NORTH 14°54'38' WEST ALONG SAID WESTERLY BOUNDARY LINE A DISTANCE OF 360.72 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. AND CONTAINING 260,014.74 SQUARE FEET
OR 5.969 ACRES, MORE OR LESS.
SURVEYOR'S NOTES:
1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS
DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
2. BEARING SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 2011, AND ARE PROJECTED IN
THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901) AND ARE REFERENCED TO THE ESTABLISHED AND
MONUMENTED LINE SHOWN HEREON LABELED AS THE "BEARING BASIS".
3. UNLESS A DIFFERENCE IS SHOWN, OBSERVED AND RECORDED DIMENSIONS ARE THE SAME. ALL DIMENSIONS SHOWN HEREON ARE
DISPLAYED IN U.S. SURVEY FEET AND DECIMAL PARTS THEREOF.
4. THIS SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT AND USE OF THE PERSONS AND/OR ENTITIES NAMED HERON FOR THE
PURPOSES IDENTIFIED HEREON ONLY. UNLESS OTHERWISE STATED, CERTIFICATION OF THIS SURVEY MAP APPLIES ONLY TO THE
STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5,177 FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THE CERTIFICATION IN NO WAY CONSTITUTES NEITHER
GUARANTY NOR WARRANTY TO ANY OTHER INFORMATION NOT SHOWN HEREON. ADDITIONS, DELETIONS OR REVISIONS TO THIS DRAWING BY
OTHERS ARE NOT PERMITTED AND THIS SURVEY MAY NOT BE TRANSFERRED WITHOUT THE EXPRESSED WRITTEN PERMISSION OF THE
SIGNING SURVEYOR. THIS SURVEY IS NOT VALID FOR ANY OTHER PURPOSE OTHER THAN INTENDED BY THE SIGNING SURVEYOR.
S. THE LEGAL DESCRIPTION AND MATTERS OF PUBLIC RECORD WERE FURNISHED BY THE CLIENT. THIS PROPERTY(S) WAS NOT ABSTRACTED
OR RESEARCHED BY THIS OFFICE FOR ENCUMBRANCES OF RECORD. THE HEREON DESCRIBED PROPERTY IS SUBJECT TO RESTRICTIONS,
RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. MATTERS OF RECORD NOT BROUGHT TO THE SURVEYOR'S
ATTENTION BY THE CLIENT, THEIR AGENT OR AS DISCLOSED BY A FURNISHED TITLE INSURANCE POLICY WERE NOT INCLUDED. NO
INVESTIGATION WAS MADE BY THIS OFFICE INTO THE VALIDITY OF ANY EASEMENTS CITED IN THE LEGAL DESCRIPTION OR FOR ANY
ENCUMBRANCES NOT OF RECORD IN THE INFORMATION FURNISHED BY THE CLIENT. NO TITLE COMMITMENT OR ABSTRACT WAS FURNISHED
FOR THE PREPARATION OF THIS SURVEY.
S. THIS SKETCH AND DESCRIPTION IS COMPRISED OF TWO PAGES, ONE IS NOT VALID WITHOUT THE OTHER.
REVISIONS:
1. REVISED PER COUNTY COMMENTS LATTER DATED 0/2812016: DJM:07107!-078
DAVID E. LUETHJE, FL. PSN U25`BB
C.A:I. LB. 205 SIGNATURE DATE:_Zf u '� 1
CARMASSOCIATES, INC. °"'� '004'°°'8 SHEET
�,,, PRS,., ;,,�,� SKETCH AND DESCRIPTION
CONSULTING ENGINEERS AND LAIN
SURVEYORS OHN6Yt au PARCEL "Al" ¢
nPPO.6r : OEL THE LANDINGS, A COMMERCIAL SUBDIVISION 1 2
1708 21st STREET, VERO BEACH, FL 32960 PLOT6e : Om LF --a
TES (n2) 562-4191 FAx (772) 562-7180 W.s PART OF THE SW 1/4 OF SECTION "14, T. 32S, R. 39E
-- - - FA&P9. ; INDIAN RIVER COUNTY, FLORIDA itO V. 3 -A
Page 6 of 7
LEGEND
(P)
PLAT DATA
O.R.B.
OFFICIAL RECORD BOOK
SID
SUBDIVISION
R.O.W.
RIGHTOFWAY
IRCO
INDIAN RIVER COUNTY
ID
IDENTIFICATION
FL.
FLORIDA
PG.
PAGE
AT&T
AMERICAN TELEPHONE & TELEGRAPH
S.R.
STATE ROAD
.• .....
CERTIFIED TO:
MICHAEL COLLARD PRUP[F2TIES ci 0
6 .
REVISIONS:
1. REVISED PER COUNTY COMMENTS LATTER DATED 0/2812016: DJM:07107!-078
DAVID E. LUETHJE, FL. PSN U25`BB
C.A:I. LB. 205 SIGNATURE DATE:_Zf u '� 1
CARMASSOCIATES, INC. °"'� '004'°°'8 SHEET
�,,, PRS,., ;,,�,� SKETCH AND DESCRIPTION
CONSULTING ENGINEERS AND LAIN
SURVEYORS OHN6Yt au PARCEL "Al" ¢
nPPO.6r : OEL THE LANDINGS, A COMMERCIAL SUBDIVISION 1 2
1708 21st STREET, VERO BEACH, FL 32960 PLOT6e : Om LF --a
TES (n2) 562-4191 FAx (772) 562-7180 W.s PART OF THE SW 1/4 OF SECTION "14, T. 32S, R. 39E
-- - - FA&P9. ; INDIAN RIVER COUNTY, FLORIDA itO V. 3 -A
Page 6 of 7
/
/ a
/ \ /
NORTHEASTERLY \Y/
CORNER OF
PARCEL "A" /
pSCP6MEps N
• T
\ G 10 LPNfAs 452
I /TPC
NT OF BEGINNING \.� .� NORTH BOUNDARY LINE ORB 1RC0.
\ NORTHWEST CORNER ygA- PARCEL "A" ;
PARCEL "A" a i p O, ,1
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/ AT&TEASEMENT •04'(c ORB 1E�• F4 \
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EASTERLY BOUNDARY LINE PARCEL 'A' `• � �
3osw s�' PARCEL "Al" 1 ` 1 psG M NT
ORB '2, 260,014:74 SAC ,F. N '�. gUFFF3t3FA5p0 \452
1 't ORB 1RC0, V-
WESTERLY BOUNDARY LINE PARCEL "A" PARCEL "A" i
THE'LAN6INGS, A
3 COMMERCIAL SUBDIVISION'
1 °m N 7113'14' W PB24, PG 401RC0, FL i �+
a. J6.06'S 14'54'38" E 5.00' 7.720 AC
\ \ N 75p5'22" E 10' UTILLITY 4p 66 i�
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LOT 2 \i 1
z
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oo LOT 1
b
LOT 3
1 N 1 '1 i1 ��` 1+i
\
20 t NEW R.O.W. LINE 53RD STREET
`x66 OLD NORTH R.O.W. ONE 53RD STREET
60 l —
1 53RD STREET/KINGSBERRY ROAD
15 14 SOUTH LINE OF SECTION 14 R.0 VV. VARIES \`
22 23 \ _"�NORTH UNE OF SECTION 23
I\ F__ — — — — —
3 NORTH
' 0 75150 REVISIONS:
SCALE' (1 Inch = 150 Feet 1. REVISED PER COUNTY COMMENTS LATTER DATED 62912018: DJM; 071022016
CARTERASSO.CIATES, INC. Mw.9 17.50462 SKETCH AND DESCRIPTION SHEET
a
CONSULTING ENGINEERS AND LAND SURVEYORS Og "By; aM PARCEL "A1" o l
MK%By , M THE LANDINGS, A COMMERCIAL' SUBDIVISION
i 1708 21 st STREET, VERO BEACH, FL 32960 PLOTSY :.0 menblfhe
TEL: (772) 552-191 FAX: (772)562-7166 R&.A , -
PART OF THE SW 1/4 OF SECTION 14, T. 325, R. 39E
INDIAN RIVER COUNTY, FLORIDA
Page 7 of 7