HomeMy WebLinkAbout2023-031AAGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
HANLEX VERO BEACH LLC
FOR
DOLLAR GENERAL 27" AVENUE SW
FOR THE CONSTRUCTION OF OFF-SITE UTILITIES
THIS AGREEMENT ("Agreement") by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, the address of which is 180127th Street, Vero Beach, Florida
32960 (hereinafter the "COUNTY") and (Hanlex Vero Beach LLC), the address of which is (1000
Color Place Apopka, FL. 32703) (hereinafter the "DEVELOPER") is effective upon execution by the
two parties ("Effective Date").
WHEREAS, the DEVELOPER, in conjunction with the construction of improvements at Dollar
General 27th Avenue SW is constructing water facilities to the subject property located at 2480 27th
Avenue SW, whose legal description is attached as Exhibit "A" (the "Subject Property"); and
WHEREAS, pursuant to Section 918.05, the Code of Indian River County (the "Code"), the
COUNTY, requires the DEVELOPER to provide the utility improvements to connect to the regional
water main. The COUNTY, pursuant to Section 201.11, of the Code, agrees to reimburse the
DEVELOPER, as provided herein, for the cost of oversizing off-site utilities,
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other
good and valuable consideration, the COUNTY and DEVELOPER agree as follows:
1. OFF-SITE UTILITIES:
The DEVELOPER shall construct the necessary off-site utilities described herein as directed by
the Indian River County Utilities Department ("IRCDUS"). The COUNTY shall reimburse the
DEVELOPER for installing off-site utilities as outlined below:
The COUNTY shall reimburse the DEVELOPER for oversizing the installation of a water main
from 8 -inch diameter to 12 -inch diameter along the east side of 27' Avenue SW from the
termination of the existing 12 -inch diameter water main to the Subject Property, a distance of
approximately 895 linear feet, and extending the 12 -inch diameter water main from the
service point of the Subject Property to connect to an existing 6 -inch diameter water main
along 25th Street SW, a distance of approximately 460 linear feet for a total of approximately
Page 1
1,355 linear feet (the "Water Main")
Reimbursement: The COUNTY shall reimburse the DEVELOPER pursuant to the provisions of
Section 201.11, of the Code, for funds advanced by DEVELOPER to oversize the off-site Water
Main. COUNTY shall reimburse DEVELOPER in accordance with Exhibit "B" for oversizing and
extending the off-site Water Main. The reimbursement amounts shall be based on Exhibit
"B", but in no event shall the County cost share exceed $111,000.00.
Within 30 calendar days of acceptance of the bill of sale for the Water Main and submittal of
the necessary maintenance security, COUNTY shall reimburse DEVELOPER its share of the cost
of the Water Main, as set forth in Exhibit "B".
2. Amendment:
This Agreement may be modified only by a written instrument executed by all parties to the
Agreement.
3. Assignability:
Either party may assign this Agreement so long as the assignment bears acknowledgment of
the assignee and the other party. However, the rights granted herein shall run with the land
and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the
right under this Agreement to freely transfer the rights and obligations granted by this
Agreement, the DEVELOPER, nor any assignee, shall have the right to transfer these rights to
another property unless this Agreement is amended in writing.
4. Authority:
Each party hereto represents and warrants to the other that the execution of this Agreement
and any other documents required or necessary to be executed pursuant to the provisions
hereof are valid, binding obligations and are enforceable in accordance with their terms.
5. Captions:
Captions, if included, in this Agreement are included for convenience only and are not to be
considered in any construction or interpretation of this Agreement or any of its provisions.
6. Construction Plans, Technical Specifications and Contract Documents:
The DEVELOPER agrees to complete a final set of construction drawings and make submission
for a Utilities Construction Permit (UCP) to IRCDUS, to Indian River County Public Works for a
Right -of -Way permit (ROW), which includes, but is not limited to meeting all security
requirements of section 312.11 of the Code, to the Florida Department of Environmental
Protection (FDEP) for a general permit, and for all other necessary permits. The DEVELOPER
shall not commence construction until all permits are approved and obtained.
7. Definition
All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural,
as the identity of the party or parties may require.
Page 2
8. DEVELOPER'S Obligations:
The design, preparation of contract documents, permitting, and construction of the Water
Main shall be the DEVELOPER's responsibility and expense until such time the necessary
testing, acceptance of the FDEP Certification of Completion, and acceptance of the Water Main
dedication to IRCDUS per IRCDUS's Water & Wastewater Utility Standards, May 2019 or latest
edition, has been completed and 1 -year warranty is in place.
10. Entire Agreement
This Agreement embodies the entire agreement between the parties relative to the subject
matter hereof, and there are no oral or written agreements between the parties, nor any
representations made by either party relative to the subject matter hereof, which are not
expressly set forth herein.
11. Governing Law & Jurisdiction:
This Agreement shall be governed by the laws of the State of Florida and the laws of the United
States pertaining to transactions in such state, and all actions arising out of this Agreement
shall be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the
United States District Court for the Southern District of Florida. All of the parties to this
Agreement have participated freely in the negotiation and preparation hereof. Accordingly,
this Agreement shall not be more strictly construed against any one of the parties hereto.
12. Insurance and Indemnification:
The DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any
work, the selected contractor and any subcontractor provides to the COUNTY a certificate of
commercial general liability insurance with a reputable insurance company subject to approval
by the COUNTY's risk manager in an amount not less than $3,000,000 combined single limit for
bodily injury and property damage in accordance with the COUNTY'S Administrative Policy
Manual. The DEVELOPER shall ensure that, at least ten (10) business days prior to the
commencement of any work the selected contractor and any subcontractor provides to the
COUNTY a certificate of business auto liability insurance with a reputable insurance company
subject to approval by the COUNTY'S risk manager in an amount not less than $3,000,000 per
occurrence combined single limit for bodily injury and property damage in accordance with the
COUNTY'S Administrative Policy Manual. The commercial general liability and auto liability
insurance policies shall name Indian River County, a political subdivision of the State of Florida,
as an additional insured. In addition, the DEVELOPER shall ensure that, at least ten (10)
business days prior to the commencement of any work the selected contractor and any
subcontractor provides to the COUNTY a certificate of statutory workers' compensation
insurance and employers' liability with a limit of $100,000 for each accident, $500,000 disease
(policy limit) and $100,000 disease (each employee) in accordance with the COUNTY'S
Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30)
days' written notice by registered mail, return receipt requested, addressed to the COUNTY'S
risk manager, prior to cancellation or modification of any required insurance.
Page 3
The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY'S officers,
employees and agents, from and against any and all claims for damages, costs, third party
claims, judgments, and expense to persons or property that may arise out of, or be occasioned
by, any work contemplated by this agreement, or from any act or omission of any
representative, agent, client, and/or employee of DEVELOPER, and DEVELOPER shall indemnify
the COUNTY against any such claims and any judgments that may be entered in connection
therewith, including attorney fees. DEVELOPER shall indemnify the COUNTY against any claim
for damage that any utility, whether publicly or privately owned, may sustain or receive in
connection with any work contemplated by this agreement. DEVELOPER shall not make any
claim of any kind or character whatsoever against the COUNTY for damages that it may suffer
by reason of the installation, construction, reconstruction, operation, and/or maintenance of
any public improvement, or utility, whether presently in place or which may in the future be
constructed or installed, including but not limited to, any water and/or sanitary sewer mains
and/or storm sewer facilities, and whether such damage is due to flooding, infiltration,
backflow, and/or seepage caused from the failure of any installation, natural causes, or from
any other cause of whatsoever kind or nature. It is the intention of this indemnification
agreement on the part of DEVELOPER, and a condition of this agreement, that it shall be full
and total indemnity against any kind or character of claim whatsoever that may be asserted
against the COUNTY. DEVELOPER hereby agrees to defend any and all suits, claims, and causes
of action brought against the COUNTY arising out of or in connection with any work
contemplated by this agreement, and DEVELOPER agrees to pay any judgment or judgments,
including attorney fees, that may be rendered against the COUNTY or against the COUNTY'S
officers, employees or agents in connection therewith.
13. Maintenance Security:
The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility
improvements to Indian River County, Florida, and provide security as set forth herein, subject
to the COUNTY'S approval, for a period of one (1) year after the COUNTY'S acceptance of the
improvements, plus an additional three (3) months, for an aggregate of fifteen (15) months.
The maintenance security may only be in one of the following forms: (a) cash, whereupon the
COUNTY and the Developer shall enter into the COUNTY'S standard Cash Escrow Deposit
Agreement; (b) Letter of Credit, in the County's standard form, drawn and payable by a
financial institution located within Florida; or (c) surety bond issued by a surety company
licensed to do business in the State of Florida and having an A.M. Best rating of no less than A -
VI. The value of the maintenance security shall be twenty-five percent (25%) of the total
construction value of the utility improvements as certified by the Developer's licensed
engineer and approved in writing by the County.
14. Multiple Counterparts:
This Agreement maybe executed in a number of identical counterparts which, taken together,
shall constitute collectively one (1) Agreement; but in making proof of this Agreement, it shall
not be necessary to produce or account for more than one such counterpart executed by the
party to be charged.
Page 4
15. Permits:
The DEVELOPER shall be responsible for obtaining all construction and operating permits
required for the construction, delivery, use and monitoring of the water distributed to and
wastewater collected from the Subject Property. If, through no fault of the parties involved,
any federal, state or local government or agency (excluding the COUNTY) fails to issue
necessary permits, or fails to grant necessary approvals, or requires a material change in the
system, then to the extent necessary and if possible, the parties agree to negotiate an
amendment to the Agreement to reflect the change in condition. If the COUNTY determines
that it is impossible or impracticable to perform under the terms of this Agreement because of
the above, then COUNTY shall have the right to terminate this Agreement, and the parties shall
have no further obligations to each other.
The DEVELOPER shall comply with reasonable requests by the COUNTY concerning on-site
operations and maintenance prior to County acceptance including but not limited to all FDEP
regulations relating to bacteriological and hydrostatic testing, cross connection control,
monitoring, color -coding of water and wastewater equipment. DEVELOPER shall meet all
necessary IRCDUS construction requirements, including the posting of the required security.
16. Recording of Agreement:
This Agreement, and any assignment, may be recorded in the official records of Indian River
County by the COUNTY. If recorded, the DEVELOPER shall pay for all recording costs.
17. Severability / Invalid Provision:
If any provision of the Agreement is held to be illegal, invalid or unenforceable under present
or future laws, such provision shall be fully severable; this Agreement shall be construed and
enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this
Agreement, and the remaining provisions of this Agreement shall remain in full force and
effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its
severance from this Agreement.
18. Term:
The term of this Agreement is five (5) years. Unless otherwise agreed to by the parties in
writing, this Agreement shall not be renewed automatically for successive terms.
Notwithstanding the foregoing, this Agreement shall be coterminous with FDEP Permit for
construction and with the County's Utility Construction Permit, whichever provides a shorter
time period, but shall be not more than five (5) years from the date of issuance. The County
may terminate this Agreement early in its sole discretion if it determines that the development
project intended to be served by the improvements is suspended or discontinued.
19. Time of Essence:
Time is of the essence of this Agreement; however, if the final date of any period which is set
out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the
laws of the State of Florida, then, in such event, the time of such period shall be extended to
the next business day which is not a Saturday, Sunday or legal holiday.
Page 5
20. Release:
DEVELOPER, on behalf of itself and its successors, and assigns, hereby releases, acquits,
and forever discharges COUNTY and its respective present and former elected officials,
employees, agents, representatives, and insurers, from all claims, causes of action,
demands, debts, liabilities, and obligations, of every name and nature, known or unknown,
asserted or unasserted, accrued or unaccrued, both at law or in equity, fr the beginning
of time to the Effective Date specific as to the subject matter of this Aleem t, including
any monetary damages or reimbursement required to be paid by th OUNT hereunder.
IN WITNESS WHEREOF, the COUNTY and the DEVELOPER ha4accepted
Agreement as follows: li
Witness Signature
rL 04\cv) 00t.,
Witness Printed Name
\C�
Witness Sig ature
Witness Printed Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
DEVELOPER: Hal KWMea-ch LLC
By:
Printed name: Hans Pistor
Hanlex Vero Beach LLC
President/Owner
Date: C —D) fir,
this
The foregoing instrument was acknowledged before by means of online or X in person notarization
this�dayof _12023,by t. ��`y�_lZY ofHanlexVero
Beach LLC. she is either personally known to me or has produced type of
identification.
N a m e: N l \.� Q
Commission # 9S—I qSa
Expiration Date ?J--
Page 6
Notary Public
NICOLE HEW
MY COMMISSION # GG 957452
;te EXPIRES: March 12, 2024
Bonded Thru Notary Public Underwr(ters
Jeffery R. Smith, Clerk of the Circuit Court
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS..........
.• •OA�Mlg ''•..
INDIAN RIVER COUNTY, FLORIDA ; x��y.• •"' • S�O,,�•�
By:-ToseK
H. Ear n, airman =�9• r� :o��'
February 7, 2023 yR�✓f.�•000N�•�'•
BCC Approved: '
Approved as to Form and Legal Sufficiency Approved by:
Dyeingold, County Attorney Mic , C.*InterCimountyAdministrator
F:\UTILITIES\UTILITY- ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS\VERO BEACH MOB - UCP #3447\ADMIN\BCC - AGREEMENT\VERO MOB DEV AGREEMENT DRAFT.DOC
EXHIBIT -A
Legal Description
(To be Provided by Common Oak Engineering)
Page 7
EXHIBIT "A"
Legal Description of Property
DESCRIP TION
A PARCEL OF LAND BEING A PART OF TRACT 13 (LESS CANAL)
IN SECTION 35, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
ACCORDING TO LAST GENERAL PLA T OF LANDS OF INDIAN Rl t/£R
FARMS COUPAN Y, AS RECORDED IN PLA T BOOK 2, PAGE 25,
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS
NOW L PING AND BEING IN INDIAN RIVER COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS.- BEGINNING AT THE POINT OF
INTERSECTION OF THE SOUTH TOWNSHIP LINE OF TOWNSHIP 33
SOUTH, AND THE EAST RIGHT OF WA Y UNE OF EMERSON A VENUE,
AND RUN NORTH A DISTANCE OF 100 FEET TO THE POINT OF
BEGINNING; THENCE RUN EAST A DISTANCE OF 647.50 FEET,•
THENCE RUN NORTH A DISTANCE OF 307.63 FEET, THENCE RUN
WEST A DISTANCE OF 647.50 FEET; THENCE RUN SOUTH A
DISTANCE OF JO7.63 FEET TO THE POINT OF BEGINNING
Page 4 of 4
Construction Cost Share
Page 8
Hanlex Vero Beach, LLC
DOLLAR GENERAL AT VERO BEACH (2480 27TH AVE SW)
County Reimbursement of ROW Water Main Loop Extension and 12" Upgrade
IRC UCP e: 3545
DESCRIPTION -
QTY.
UNIT
UNITCOST
TOTAL
County Approved Bill of Sale Items:
12" Water Main Extension
12" Gate Valve
2
LF
$3,600.00
$7,200.00
12" DR -18 C-900
1367
LF
$50.00
$68,350.00
12" x 6' Reducer
1
EA
$935.00
$935.00
12" x 12"x G" Tee
2
EA
$600.00
$1,200.00
12" 45 Bend
2
EA
$660.00
$1,320.00
12" 90 Bend
1
EA
$715.00
$715.00
12" Bell Restraint
28
EA
$210.00
$5,880.00
12" Mea Lug Restraint
15
EA
$225.00
$3,375.00
Fire Hydrant Assembly and Valve
1
EA
$5,000.00
$5,000.00
12" x1" Tapping Sleeve and Valve (27th Ave SW)
1
EA
$1,740.00
$1,740.00
1" Blue Pax Water Service Line
12
LF
$10.00
$120.00
6" Mea Lug Restraint
3
EA
$200.00
$600.00
12" Directional Drill (27th Ave SW) HDPE
8o
LF
$170.00
$13,600.00
Tracer Wire
1355
LF
$0.50
$677.50
12" Jumper Saddle
4
EA
$1,560.00
$6,240.00
Site Contractor Overhead Costs
$0.00
SUB TOTAL:
$116,952.50
25th St Crossing Additional Items
12" Gate Valve
1
EA
$3,840.00
$3,840.00
12" DR -18 C-900
80
LF
$60.00
$4,800.00
12" 45 Bend
2
EA
$650.00
$1,300.00
12" 90 Bend
1
EA
$820.00
$820.00
12" Bell Restraint
11
EA
$225.00
$2,475.00
12" Mea Lug Restraint
8
EA
$225.00
$1,800.00
12" Directional Drill (25th St SW) HDPE
40
LF
$210.00
$8,400.00
SUBTOTAL:
$23,435.00
COUNTY APPROVED BILL OF SALE TOTAL:
$140,387.50
Additional 12" WM Extension Items not Included on Bill of Sale
Open Cut Driveways/ Repair Asphalt
520
LF
$15.00
$7,800.00
BT Point
4
EA
$800.00
$3,200.00
Bacterial Testing
4
EA
$1,000.00
$4,000.00
Blow Off
1
EA
$2,630.00
$2,630.00
Restore Sod
1500
LF
$8.00
$12,000.00
MOT for Extension
1
LS
$2,100.00
$2,100.00
Mobilization
1
EA
$2,500.00
$2,500.00
Survey & Layout
1
LS
$3,950.00
$3,950.00
Silt Fence
1500
LF
$1.60
$2,400.00
Regrading of Swales
1
L5
$1,500.00
$1,500.00
Additional As -Built
1
LS
$1,500.00
$1,500.00
Additional Testing
1
LS
$0.00
$0.00
Additional Design/Engineering Fees
1
LS
$5,500.00
$5,500.00
Bonding
1
LS
$514.00
$514.00
ADDITIONAL ITEMS FOR 12" WM EXTENSION TOTAL:
$49,594.00
12" WM EXTENSION AND UPGRADE TOTAL:
$189,981.50
8" Water Main Extension Credit
8" Gate Valve
1
EA
$2,820.00
($2,820.00)
8" DR -18 C-900
923
LF
$32.00
529,536.00)
12" x 8" Reducer
1
EA
$950.00
($950.00)
8" x 8"x 6" Tee
1
EA
$420.00
$420.00
8" 45 Bend
2
EA
$450.00
($900.00
8" Bell Restraint
20
EA
$130.00
$2,600.00
12" Mea Lug Restraint
1
EA
$225.00
$225.00
8" Mega Lu Restraint
B
EA
$210.00
$1,680.00
6" Mega Lu Restraint
3
EA
$200.00
($600.00)
8" Blow Off
1
EA
$2,630.00
($2,630.00
Fire Hydrant Assemblyand Valve
1
EA
$5,000.00
($5,000.00)
8" x1" TappingSleeve and Valve (27th Ave SW)
1
EA
$1,000.00
$1,000.00
1" Blue Pex Water Service Line
12
LF
$10.00
($120.00)
Tracer Wire
921
LF
$0.50
$460.50
8" Jumper Sadd le
2
EA
$1,400.00
($2,800.00)
8" EQUIVALENT BILL OF SALE ITEMS:
($51,741.50)
Open Cut Drivewa s/Re air Asphalt
520
LF
$15.00
($7,800.00
BT Point
2
EA
$800.00
($1,600.00
Bacterial Testing
2
EA
$1,000.00
($2,000.00
Restore Sod
1000
LF
$8.00
($8,000.00
Regrading of Swales
1
LS
$1,200.00
($1,200.00
Mobilization
1
LS
$2,500.00
$2,500.00)
Survey & Layout
1
LS
$2,000.00
$2,000.00)
Silt Fence
1150
LF
$1.60
($1,840.00)
Bonding
1
LS
$300.00
($300.00)
ADDITIONAL ITEMS FOR 8"WM EXTENSION TOTAL:
($27,240.00)
8" WM EXTENSION CREDIT TOTAL:
($78,981.50)
TOTAL REIMBURSEMENT TO BE PAID BY COUNTY
$111,000.00
1000 Cotor Pla- • Apop-, FI. J 703
Phone: (407)889-9400. Fax: (407) 889-8328