HomeMy WebLinkAbout1999-033C
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/• t.NAIn':, '.�•'�%jSff•-i �%� 1 .'', f.
LSI �INN,,ANir i ER. Amrtne,
CARTER A5%k'IATF_S &
INDIAN RIVER FARMS WATER CONTROL DISTRICT 11-11 7
%X) lltfh Jrri<r
VERO REACH, FLORIDA 119M
�tti1N S. 1 AMOS
ecemher 17, 1998
Mr. William McCain, Engineer
Indian River County Utility Dept.
1840 25" Street
Vero Beach, Fla. 32960
Re: Lease for utilities on District right-of-way
Dear Mr. McCain:
1%.,d .a SrJ.rrr —
WC. GRAVES, IV
I) E. GUNTER
SCOTT W IAMRE.TH
Enclosed please find signed copies of the Permit and Interlocal Agreements between Indian
River Farms Water Control District and Indian River County. Kindly accept the enclosed permit
list as an invoice for the amounts due as follows:
IRC -1
$ 310.00
IRC -2
302.00
IRC -3
2,413.20
IRC -4
511.32
IRC -6
4,596.00
IRC -7
336.00
IRC -8
3,450.00
Total Amount Due $11,918.52
Please remit payment payable to 'Indian River Farms Water Control District as soon as possible.
Thank you for anticipated cooperation in this matter.
Sincer
AC
S
A,
S. Amos
Secretary -Treasurer
JSA:dv
Approv d for p nt by Indian River County Board of County
Com ssioner '
N
40
FERMPLANPINIMMAL-MilREJEWEN'I'
(No. i RC -1) —
r THIS PERMIT and INTERLOCAL. AGREEMENT; dated this _h� day of
_r£ /3 • , 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" diameter sanitary sewer force main on, over and
across District right-of-way crossing the Lateral "D" Canal at the Southeast corner of the Indian
River County West Regional Wastewater Treatment Plant site, and then running East along
South side of Lateral "D" right-of-way for 1,365 lineal feet (0.2585 miles) to the East side of 82nd
Avenue at the locations and in accordance with the plans and specifications attached hereto and
marked "Exhibit A" and signed by the parties 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;
That the construction and installation of force main has been in exact conformity with
the as -built plans prepared by Masteller & Moler Associates, Inc., marked "Exhibit A".
2. The rights shall extend only for force main 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 force
main 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.
40
5. In no event shall the District he 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
dim harmless from any costs, charge or expense or claim or demand of any person against the District
aricina form �� no+d.," , �� art rise made v
--a •--••- r -•• ......g 5' -f 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 interests 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 insurance coverage as
described above is not in effect.
6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities
may be located within the permit area, 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.
8. 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 force main shall be constructed and installed
to permit the crossing of heavy equipment used by the District for the maintenance of its laterals,
sublaterals and canels and for any similar heavy equipment used by land owners 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 adjacent
D
lands, and the same is deemed by District or an adjacent landowner to he required to be installed,
;W repaired or replaced, then, upon twenty-four (24) hours' notice, Permittee shall, at Permittees
sole cost and expense, be available at the location of, and arrange for such installation, repair or
Mreplacement 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 Three Hundred Ten and
No/100 Dollars ($310.00), 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.
I
40
15. Tl» s 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.
�. tins Pennii 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 agree that District has no obligation to allow Permittee to enter 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
MR
40
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. 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 day of t`£ 13 - 11999.
Signed, seal and delivered
in the presence of:
INDIAN RIVER FARMS WATER
cL CONT L DIST
as to District ' By:
S. mos, Secretary
(SEAL)
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-21—day of _L�l 1999.
Signed, sealed and delivered
in the presence of:
as to Permittee
INDIAN._. ER'COU Y
By:
CHAIRMAN
(SEAL)
lnFin R'" C,
apprnreA
Dole
At.rrN rl.
J
Legel
F3ud3et
t.?
(Jtililiee
qQ
Rick Mgr.
INDIAN._. ER'COU Y
By:
CHAIRMAN
(SEAL)
L-A
do
PERMIT AND INTERLOCAL AGREEMENT
(No.IttG )
THIS PERMIT and INTERLOCAL AGREEMENT, dated this –�rk day of
^EQ3. , 1999, by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT, a drainage district or� , —ed astd existing Synder the g=eneral Drainage Laws of the
State of Florida, whose address is 4400 201" 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 6" PVC force main located 5 feet inside the North right-
of-way of the South Relief Canal from U.S. Highway No. 1 Easterly to the vicinity of the lift
station at the locations and in accordance with the plans and specification attached hereto and
marked "Exhibit A" and signed by the parties 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 force main shall be in exact conformity with
the ass -bunt .a.,..,. .
Y."..� preparer
d y MasteLer &, 2vSuler Associates, inc., marked "Exhibit A".
2. The rights shall extend only for force main 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 force
main 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. lit 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
tD
Permit, and Permittee shall save the District, its officers, agents, supervisors, and employees
OWU 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.
8. 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 cable markers above ground at 100 foot
intervals to show the location of any underground objects. The force main 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 owners
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
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
I
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
fnrCe main within the eaM richt-n_f_urav in nrd— that tho
-•o•• »� »
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
constriction.
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 Three Hundred Two and
No/100 Dollars ($302.00), 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.
15. This Permit shall be effective January 1, 1999, and continue for a period of one (1)
year unless sooner terminated as provided herein.
3
4W
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
0 i-= installation, placement and maintenance of the improvements specified on the face hereof, and
doe not convev any other rieht. title or interest of the Distriet in the anh;Rrt riaht_nf_%Un
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 agree that District has no obligation to allow Permittee to enter 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
4D
0
20. Should Pcnnittee, 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. In consideration of the grant of this Permit, Permittee, if a public or private body
will) UIC PUWCr Ul ClllinCiil dUlnilln, explessly waives and feliiiquishes airy powet of en-mleiit
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 =day of em . 1999.
Signed, seal and delivered
in the presence of:
INDIAN RIVER FARMS WATER
CONT DISTPICT
as to District , . By:
�t�...... ,,:
hn S mos, Secretary
(SEAL) .
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 o� day of '1999.
Signed, sealed and delivered
in the presence of:
asPermittee
INDIAN.• k R COUNTY
By:��s'�'Y
klH R AAA^X;,0'CHAtRMAN
(SEAL)
Ap,
Pete
l c �Jrt
F3•.idnct
Rick Mgr.
INDIAN.• k R COUNTY
By:��s'�'Y
klH R AAA^X;,0'CHAtRMAN
(SEAL)
40
40
HERMIT AND INTERLQCAI, A(.i:H_F,MI- N'I'
(No. IRC -3)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this 04) day of
SM A13. _, 1999, by and between INDIAN RIVER FARMS WATER CONTROL.
DISTRICT, a drainage district organized and existing under the General Drainage Laws of the
w1= State of Florida, whose address is 4400 2V 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 12 PVC treated effluent force main located 5 feet inside
the East right-of-way of the Lateral "G" Canal from Sand Ridge Golf Course southerly to Hawks
Nest Golf Course; the crossing of Lateral "G" Canal with an 8" treated effluent line and
Westward extension thereof along the Northerly side of Sub -lateral G-5, and crossing of Sub -
Lateral G-5 to discharge into Sand Ridge Golf Course Lake No. 6 at the locations and in
accordance with the plans and specification attached hereto and marked "Exhibit A" and signed
by the parties 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 force main shall be in exact conformity with
the as -built plans prepared by Masteller, Moler & Mayfield marked "Exhibit A'.
2. The rights shall extend only for force main 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 force
main 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.
8. 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 cable markers above ground at 100 foot
intervals to show the location of any underground objects. The force main 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 owners
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 Four
Hundred Thirteen and 20/100 Dollars ($2,413.20), 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.
IL
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 agree that District has no obligation to allow Permittee to enter 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
40
20. Should Permittee, during the tern 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. 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 �1 day of r✓E4E3 . , 1999.
Signed, seal and delivered
in the presence of:
_ h
as to Distrfdt " ,,' •,
4
(SEAL)
INDIAN RIVER FARMS WATER
CON L DIS
By:
ohn J. mos, Secretary
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 2 day of u , 1999.
Signed, sealed and delivered
in the presence of
C_2&P J' AJO�%&,/
A& J11114
as to Permittee
' 1 imm
Vis_: 4el
lla - Ea
f.
INDIAiAi-'ERC iJ}VTY
1
By. •fit
UH.R MAC' -r' CHAIRMAN
(SEAL)
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC -4)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this 'Ith day of
60. , 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 force main in District right-of-way along Oslo Road from
27" Street easterly, with two crossing extensions South across sub -lateral E -8/J-2 canal, to
Lateral "J" canal; crossing of Lateral "J" canal (approximately 100 feet North of Oslo Road
Bridge); and force main North and 5 feet inside the East right-of-way of the Lateral "J" Canal for
a distance of 2,250 lineal feet (0.4261 miles) at the locations and in accordance with the plans
and specification attached hereto and marked "Exhibit A" and signed by the parties 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, Perinittee agrees to and with the District as follows:
1. That the construction and installation of force main shall be in exact conformity with
the as -built plans prepared by Masteller & Moler Associates, Inc., marked "Exhibit A".
2. The rights shall extend only for force main 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 force
main 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.
do
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
d
Permit, and Permittee shall save the District, its officers, agents, supervisors, and employees
!1= 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.
j� 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 01 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.
8. 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 constriction or installation.
9. The Permittee shall at all times maintain cable markers above ground at 100 foot
intervals to show the location of any underground objects. The force main 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 owners
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
L_]
adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be
zuinstalled, 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
® ) M 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
UJOdrainage 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 Five Hundred Eleven and
32/100 Dollars ($511.32), 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
J
15. This Permit shall be effective January 1, 1999, and continue for a period of one (1)
`M year unless sooner tenninated as provided herein.
16. In the event that this Permit is canceled or terminated, the Pennittee shall, at its
!1M 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
C
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 agree that District has no obligation to allow Permittee to enter 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.
40
40
i
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. 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 day of rE a , 1999.
Signed, seal and delivered
in the presence of -
as to District
(SEAL) '. `:
INDIAN RIVER FARMS WATER
CONT L DIS
By:
ohn . J os, Secretary
,. --Pertliittee hereby accepts the terms of this Permit, and covenants and agree that it will
comply with the terms and conditions of this Permit.
Dated thiso2 day of , 1999.
Signed, sealed and delivered
the presence of:
<l
as t6 -Permittee
5
INDIAN' Eft CO
By• •
'Nlk R. MACH t CHAIRMAN
(SEAL)
OR
C
PERMIT AND INTERLOCAL AGRLE ENT
(No. IRC -6)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this A day of
F(3 1999, by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT, a drainage district organized and existing under the General Drainage Laws of the
0)= 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 from January 1, 1999, until December 31, 1999, unless sooner terminated as hereinafter
provided, to maintain, inspect, operate and repair a 20" diameter tertiary treated sanitary sewer
effluent line on, over and across 3.83 linear miles of District right-of-way described as follows:
The West 10' of the East 50 feet of the South 1630 feet of Section 5, Township
33 South, Range 38 East; and
The West 10' of the East 50 feet of Section 32, Township 33 South, Range 39
East; and
The North 30' of the South 100 feet of Sections 33, 34 and the West 1/2 of Section
35, Township 39 East.
at the locations and in accordance with the plans and specification attached hereto and marked
"Exhibit A" and signed by the parties 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 force main shall be in exact conformity with
the plans prepared by Carter Associates Inc., entitled "Indian River County Florida, South
Regional Effluent Reuse Transmission Main, County Project No. US -94 -02 -ED".
2. The rights shall extend only for reuse main 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. 11cirrattee assumes full responsibility for the operation and maintenance of said force
main ;md 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 y..a —, 1 u. -LC or uii'y' Otuu pcisoli, using riglri-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.
8. 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 force main shall be constructed and installed
to pct mit the crossing of heavy equipment used by the District for the maintenance of its laterals,
s
sublaterals and canals and for any similar heavy equipment used by land owners within the
40M 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 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. Ms 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 Four Thousand Five
Hundred Ninety Six and No/100 Dollars ($4,596.00), 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 tees incurred by District in
0
•
connection herewith and shall indemnify District for the same, saving and holding District
harmless from any liability in connection therewith.
15. This Permit shall be effective January 1, 1999, and continue until December 31, 1999
unless sooner terminated as provided herein.
16. la the even! Thai this Permit is canceled or terminated, the Permittee shall, at its
expense, promptly remove the effluent line 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 agree that District has no obligation to allow Permittee to enter 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.
4
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,
20. Should Permittee, during the term hereof, become a "member operator", as defined
by Florida Statutes, Section 356.102(7), then such membership shall, ipsofacto and without
more, cancel, nullify and revoke this Permit.
21. 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 4A day of r- C- , 1999.
Signed, seal and delivered
in the presence of-
as
f
as to District '
nr• n �
D t;.- A L
(SEAL)
INDIAN RIVER FARMS WATER
CONT L DIS
By:
ohn S - os, Secretary
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 thisELday of 2�u, 1999.
Signed, sealed and delivered
f in the presence of:
as to'Permittee
INDIAN RRNYER C -O LI NTV
NE p MdGi IT
,� . CttAIAMA►t�
(SEAL)
im PERMIT AND INTERI.0—CAI, AGREEMENT
(1`::;. 1 RC-7)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this _Z'"'' day of
i4 _15LI3. , 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'h 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 until
December 31, 1999, unless sooner terminated as hereinafter provided, to construct, maintain,
inspect, operate and repair a 10" diameter sanitary sewer force main on, over and across District
right-of-way on the northerly right-of-way of Lateral Canal B-10 between 6' Avenue SW and
Sunrise Drive, for approximately 1,500 lineal feet at the at the locations and in accordance with
the plans and specifications prepared by Masteller & Moler, Inc. Engineering, Plan Sheets 33A
and 33B of 39, attached hereto and marked "Exhibit A" and signed by the parties 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 inctallatinn of fnrcP main ghall he 7 t .. Ar ....:— t
... .,,.".. ..cn..,.—ty W'ltu
the plans prepared by Masteller & Moler Associates, Inc., marked "Exhibit A".
2. The rights shall extend only for force main 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 maintetance of said force
main 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.
4W
5. In no event shall the District be liable for any damages done or caused by the District
�W—= 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
!1M 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 insurance coverage as
described above is not in effect.
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.
8. 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 cable markers above ground at 100 foot
intervals to show the location of any underground objects. The force main 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 owners
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
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
docs no, cridantgcr or ptevvat dile insiulintiun, icpttii', mplacenieni 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 Three Hundred Thirty Six
and No/100 Dollars ($336.00), 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.
I
15. This Permit shall be effective January 1, 1999, and continue until December 31, 1999
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.
.1. !"his Pennit 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 agree that District has no obligation to allow Permittee to enter 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.
410
4D
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. 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 day of '-EG . , 1999.
Signed, seal and delivered
in the presence of:
a3'fJ• 15tT1Ctt•.'o�^�
„l'ofq p
C 17:,
INDIAN RIVER FARMS WATER
COPT
By:
I
Secretary
rm;jtee hereby accepts the terms of this Permit, and covenants and agree that it will
comply with the terms and conditions of this Permit.
Dated thisc _day of ��1999.
Signed, sealed and delivered
in the presence of:
*oPerm—ittee
INDIAN \'.ER'0U •.
By.
NNETH Fi, M�CNYCkAIIAjy1gN
(SEAL)
�. l - 4$
- - �i
do
40
PERMIT AND INTERLQ_CAL A(URF�,E;NI NT
(No. IRC -8)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this Yr4- day of
F6a. , 1999, by and between INDIAN RIVER FARMS WATER CONTROL
D1STIUCT, 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 (I) year from January 1, 1999, unless sooner terminated as hereinafter provided, to
maintain, inspect, operate and repair a re -use force main on, over and across District right-of-way
of the Lateral "G" Canal from the South line of the Northwest '/a of Section 15, Township 32
South, Range 39 East (Storm Grove Road -57' Street), northerly to the North line of Section 4,
Township 32 South, Range 39 East (Hobart Road -77" Street) for 15,181 lineal feet (2.875 miles)
in accordance with the plans and specifications for Indian River County Project No. US -95 -24 -
DC, entitled "Wastewater Interconnect for Hobart to Gifford W.W.T.P.'S", prepared by Carter
Associates, Inc., and dated September 10, 1996, made a part hereof by reference, 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 force main shall be in exact conformity with
the as -built plans prepared by Carter Associates, Inc. as described above.
2. The rights shall extend only for force main 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 responsihility for the operation and maintenance of said force
main 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.
40
4. That this Permit is subject always to the paramount right of the District to keep and
®'M maintain its drainage district functions and operations, and is subject to revocation and
cancellation upon thirty days' notice from District to the Permittee.
!IM S. In no event shall the District be liable for any damages done or caused by the District
to tllC Public, to Ce1i11iiltlG UI ait va-m-1 �G1JV11 using 11 lit-vf-wa VI IU Gll sub Gla to t1115
P y P g g y N N y j
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 insurance coverage as
described above is not in effect.
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.
8. 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 cable markers above ground at 100 foot
intervals to show the location of any underground objects. 'rhe force main shall he constructed
and installed to permit the crossing of heavy equipment used by the District for the maintenance
of its laterals, sublatcrals and canals and for any ,similar heavy equipment used by land owners
zVwithin 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
•1M 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, remedving 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 Three Thousand Four
Hundred Fifty and No/100 Dollars ($3,450.00), based on a charge of $1,200.00 per lineal mile,
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
C:
engineering and legal fees incurred by District in connection herewith and shall indemnify
40� District for the same, saving and holding District harmless from any liability in connection
therewith.
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 agree that District has no obligation to allow Permittee to enter 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.
I
G
4D
19. This Permit may not be assigned or subletted to a third party and any transfer of
Permittec's property abutting District's property or right-of-way shall, ipsofacto and without
more, cancel, nullify and revoke this Permit.
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. 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 JA day of &3 1999.
Signed, seal and delivered
in the presence of:
INDIAN RIVER FARMS WATER
CONT DIST
Dist O 11 b By:
hn S. os, Secretary
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-Z–day of —ty, 1999.
Signed, sealed and delivered
in the presence of
i` -y/
as Permittee
INDIAN JKiR COU
NE7H R. 4MAC2nChileIHMA
(SEAL)
Helm-.