HomeMy WebLinkAbout2021-206C3120220003151 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
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Sebastian River Improvement District—Indian River County 82"d Avenue Interlocal Agreement
This Interlocal Agreement (the "Interlocal Agreement") is. entered into as of this 2 day
Of _ .& f..r,,,b, r , 2021, between Indian River County, a political subdivision of the State
of Florida (the "County"), and the Sebastian River Improvement District, an independent special
district and political subdivision of the State of Florida (the "District").
Whereas, 82nd Avenue is located within a District drainage right-of-way, constitutes a canal
maintenance roadway for the District, and is not maintained by the District as a public roadway,
but the District has allowed vehicular use of such roadway by the public in its "as is," "where is,"
and "with all faults" condition at the sole discretion and assumed risk of roadway users; and
Whereas, County has received complaints concerning 82"d Avenue travel surface
conditions; and
Whereas, County is willing to assist the District in facilitating reconstruction of the
roadway by providing asphalt millings to be used to reconstruct the travel surface of 82"d Avenue
(the "Reconstruction Project"); and
Whereas, County and District agree that following completion of the Reconstruction
Project, the County may, but shall not be required, to maintain the travel surface of 82"d Avenue
from 26th Street and 691h Street, and to assist the District by mowing the shoulders of the roadway
on a periodic basis and maintaining the traffic roadway signage.
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. Adoption of "Whereas" Clauses. The foregoing "Whereas" clauses are true and
correct and are incorporated herein.
Section 2. Asphalt Millings. County may deliver to the Reconstruction Project at a
mutually agreeable time and location up to 33 loads (16-cy each load) of asphalt millings material
to be used for the one-time reconstruction of 82"d Avenue.
Section 3. 82"d Avenue Reconstruction and Maintenance. District will assure that the
asphalt millings materials are used for reconstructing 82"d Avenue from the entrance of the Blue
Goose Mine to 69th Street by providing a copy of the District permit issued for Reconstruction
Project to the County. The District shall also issue a letter to the County requesting that the asphalt
millings material be delivered to the permit holder for the Reconstruction Project. Upon
completion of the Reconstruction Project, and so long as this Interlocal Agreement remains in
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effect, County may, but shall not be required to, maintain the travel surface of 82"d Avenuc from
26`h Street to 69`h Street.
Section 4. Mowing Shoulders of and Maintaining Traffic Signage on 82"d Avenue. So
long as this Interlocal Agreement remains in effect, County may, but shall not be required to, mow
the shoulders of 82"d Avenue on a periodic basis and for maintaining the traffic roadway signage
necessary for the operation of 82"d Avenue in the same manner as for other similarly situated
County rights-of-way.
Section 5. Indemnification. Solely to the extent permitted by law, and in no event greater
than the limits set forth in Florida Statutes, Section 768.28, each party, as a political subdivision
of the State of Florida under Florida Statutes, Section 768.28, agrees to fully defend, identify,
protect, and hold harmless the other party, its agents, officials, and employees from any actions,
claims or demands which anyone (individual or corporation) may hereafter bring or assert on
account of any damages or claims of any type whatsoever which may arise from this Agreement
including, but not limited to, claims for contribution, indemnification, subrogation or for pro rata
share of responsibility pursuant to the Tort Reform and Insurance Act of 1986 and subsequent
amendments including all attorneys' fees, interest, and costs of any kind (not limited to taxable
costs) associated with said lawsuits or claims and expressly agrees to pay all costs and attorneys'
fees incurred in defending said lawsuits or claims and any resulting awards or judgments in full
arising out of said lawsuits of claims, including interest thereon.
Section 6. No Third -Party Beneficiary. Except as otherwise expressly provided herein,
this Agreement is solely for the benefit of the named parties, and no enforceable right or cause of
actions shall accrue hereunder to of for the benefit of any entity of individual not a named party
hereto.
Section 7. Notices. Any notice required hereunder shall be in writing and shall be
delivered by personal delivery, courier, express or overnight mail, or certified mails, return receipt
requested, addressed to the appropriate party as follows:
If to County: Public Works Director
Indian River County
10801 27`h Street
Vero Beach, Florida 32960
If to District: District Manager
Sebastian River Improvement District
c/o Special District Services, Inc.
2501A Burns Road
Palm Beach Gardens, Florida 33410
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Section S. Filing: Effective Date. This Agreement shall be filed with the Clerk of the
Circuit Court of Indian River County, Florida, for recording in the public records of the County,
and shall be effective as of the date of such filing.
IN WITNESS THEREOF, the parties have set their hands and seals as of the date entered
above.
Attest:
Ii
Clerl
Attest:
•�. s Secretary
INDIAN RIVER COUNTY
1
By.
Chair, Board of County Con
SEBASTIAN RIVER
DISTRICT
Chair, Board of Supervisors
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