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HomeMy WebLinkAbout1999-00140 PERMIT AND INTERLOCAL AGREEMENT (No. IlZC-5) THIS PERMIT and INTERLOCAL AGREEMENT, dated this S day of 1999, by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 4400 20" Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee." NOW, THEREFORE, THE District does hereby grant unto the Permittee a permit for a period of one (1) year from January 1, 1999, unless sooner terminated as hereinafter provided, to maintain, inspect, operate and repair a 24 fiber-optic cable, at a depth of 30", under District right- of-way two feet inside the North right-of-way line of the Main Canal for a distance of 9,150 lineal feet (1.73 miles), with detectable marking tape and 12" cover, at the locations and in accordance with the plans and specifications provided to Carter Associates, Inc. prepared by Precision Construction Services, Inc., and, by reference, made a part hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of fiber-optic cable shall be in exact conforini*y with the plans prepared by Precision Construction Services, Inc., provided to Carter Associates, Inc. 2. The rights shall extend only for fiber-optic cable used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Permittee assumes full responsibility for the operation and maintenance of said fiber- optic cable and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon thirty days' notice from District to the Permittee. 5. In no event shall the District be liable for any damages done or caused by the District to the public, to Permittee or any other person, using right-of-way or property subject to this Permit, and Permittee shall save the District, its officers, agents, supervisors, and employees harmless from any costs, charge or expense or claim or demand of any person against the District arising from or pertaining to any use made of the property or structures subject to this Permit. Permittee shall, as a condition to the effectiveness of this Permit, provide to District evidence satisfactory to District, of liability insurance coverage in amounts and with companies as may be required by District, protecting the interest of District and naming District as an additional insured. The certificate of insurance must contain a provision that thirty (30) days notice will be given to the District at its address in Vero Beach, Florida, before any cancellation of such insurance may become effective. This Permit shall be null and void if adequate reserves are not maintained by the Permittee. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit are, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on thirty days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. S. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The fiber-optic cable shall be constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land ownca within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of 2 adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then, upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger or prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of name shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipsofacto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any fees for testing or other professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. 14. The Permittee shall pay to the District an annual rental of Two Thousand Seventy Six and No/100 Dollars ($2,076.00), payable in advance. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 3 15. This Permit shall be effective January 1, 1999, and continue for a period of one (1) year unless sooner terminated as provided herein. 16. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 17. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and doe not convey any other right, title or interest of the District in the subject right-of-way property. 18. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to the Permit and understands and agrees that Permittee's use of District property for Permittee's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right-of-way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agrcc that District has no obligation to allow Periniitee io enier upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, including for damage cause by District's negligence, now or in the future, and Permittee agrees that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District or Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 19. This Permit may not be assigned or subletted to a third party and any transfer of Permittee's property abutting District's property or right-of-way shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 4 20. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102(7), then such membership shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 21. Permittee's obligations under Paragraphs 3, 5 and 18 may be affected by Florida Statutes' restrictions on hold harmless clauses. 22. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. This clause shall survive termination or expiration of this Permit. IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this LS4,day of -%an a a2:4, 1999. Signed, seal and delivered in the presence of: as to District (SEAL) INDIAN RIVER FARMS WATER CONT 4DISTBy:J S.y Permittee hereby accepts the terms of this Permit, and covenants and agree that it will comply with the terms and conditions of this Permit. Dated this S day of, 1999. Signed, sealed and delivered in the presence of: �. 111!�. 446�tc- as to Permittee INDIAN RIVER COUNT By: _ /KtIYNETH R. MRCHT CiiAiK—M' -A N ; (SEAL))' Inmvn qhs Cu Approved Date AdmlrL Legal Q -9ff Budge% Dept. Wisk Mgr.