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HomeMy WebLinkAbout1999-279Cil q q e `17 AN AGREEMENT (DEVELOPER'S AGREEMENT) BETWEEN INDIAN RIVER COUNTY, FLORIDA AND ALFRED P. S P IN -10 FOR THE CONSTRUCTION OF OFF-SITE UT1LITfES THIS AGREEMENT made this ilUL day of -UWW11W1 1999 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the COUNTY) and " fred P. Swpinich 2105 SeminQlc Shores I.arae. Tiro Beach F! ride 32963 (hereinafter the DEVELOPER). WITNESSETH: WHEREAS, the DEVELOPER, in conjunction with the construction improvements at Aifted "copmlch laq located at 1625 9V Avcnue is providing water and wastewater facilities to serve the subject property, and WHEREAS, the COUNTY, has required the DEVELOPER to provide the utility improvements to serve the regional area and has agreed to reimburse the DEVELOPER for the cost of providing these off-site utilities, NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the COLTNT'Y and DEVELOPER agree to the special conditions (SQ as follows: SC - I OFF-S1TE UTILI IIES The DEVELOPER shall construct the necessary off-site utilities described herein, per the Indian River County Utilities Department. The COUNTY shadl reimburse the DEVELOPER for over -sizing of the off-site utilities as outlined below: A 8-inrh l7rarraetcr Sani .Farce Wain 3fonR 98's Avenue from 5lt-GQ south to the D9vc Rmpmt r. The DEVELOPER shall famish and install a County Master Plan line (8 -inch PVC force main) along the west side of 98" Avenue from SR -60 to the Developer's southern most property line. Make connection to an existing 12 -inch force main located on SR -60. The new force main shall. extend south along ge Avenue for a distance of approximately 2,400 lineal feet. D 12 -'inch Diameter Po 1 W r air on 98e v nue from R-60 uth W e D v to r' Prom The DEVELOPER shall furnish and install a County Master Plan line (12 -inch PVC water main) along 986 Avenue from SK -60 to the Developer's southern most property line. Make connection to an existing 20 -inch water main located on SR -60. The new water main shall extend south along 98' Avenue for a distance of approximately 2,400 lineal feet. Page i oft Cl�snnildpM gWT,j 1.gft A"W&W&3M lA =m - Dsw1$tn Ar -J, 9th AIm Wdff&3rM.dx Mie ,oper s Agl--t ,Alfred P. SeoPinich C_1 C Reimbu3s_��e t Inunediate Reimbursement: UAR payment of Capacity Chakkes, the COUNTY will provide immediate reimbursement the DEVELOPER based on an itemized invoice of installed materials on a percentage complete basis (less 10% retainage) monthly, with Find payment and release of retainage at the time the aboye referenced facilities are dedicated to and accepted by the COUNTY. The COU{ N will reimburse the DEVELOPER,pursuant to the provisions Of Section 201.11, Code of Indian River County, for €ands advanced by DEVELOPER to construct water and wastewater facilities in accordance with the COUNTY'S Master Alan, less the cost of the DEVELOPER'S share of the limes and facilities. Reimbursement will be in the form of check from the COUNTY, and shall not exceed the amount oft$ 67.559 94 less the line extension fees (see attached Exhibit A). The Developer shall pay line extension fees in the amount of $15.77 per foot of property frontage for tire proposed sewer line and $11-25 per foot of frontage for the proposed waterline, Line Extension Fees: 9$ Ave Frontage (west side) Wastewa FcFees: Cast per Front Footage 453 Water Fces Cost per Front S 11.25 g-2 2 Am ndmenY A written instrument executed by the party or panics to be bound thereby may only amend this Agreement, 3 As i n_ b'li Either party may assign this Agreement, however, the rights granted herein shall run with tite land and are not considered the personal property of the DEVELOPER. Iberefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations grained by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY to provide otherwise. - 4. utlt ' Each party hereto represents and warrants to the other that the execution of this agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. C - 5. Eiddin and Aw p y rave bid proposals and The Indian River County Dc artmeut of Utility Services shall review and app p po engineering costs related with the Work described herein. At least three (3) bid estimates from qualified utility contractors must be submitted to the Department of Utility Services for review. Approval of project costs will be a condition of the Utility Department's reimbursement for construction. Furthemtore, no work shall commence undl the Utility Department provides written approval of the final constmction cost. Tile County may require redesign and J or re bid if project costs significantly exceed that contained in Exbibit B. Page 2 or 8 C:dawn noyle F&,4hIjMI-9&h Aw Wa k3ewa\Fgsuaemt•N,.Wp-Ari.real-9$dl A-- Wil- 9.3uvn dx tkucl�p 's Agreement Alfrat P. Scupinich i -6. Captions Captions, if included, in this A merrtcnt are included for convenience only and are it to be considered in any cvnstrtsction or injcrp� tation of this Agreement or any of its provisions. t -7, 'on traction Plans. "fcchnical 5�cificati ns an - Contras'? pqv - rents The DEVELOPER agrees to c6mpletc a fatal set of construction drawings and make submission for a Utilities Construction Permit to the hxlian River County Utilities Department and Florida Department Of Environmental Protection (FDEP). Prior to construction, all permits -must ixs approved. C - S T].fini `on All pronouns shall be deemed to refer to the rtmasculinc, feminine, or neuter; singular OT pleural, as the identity of tlae party Or Parties may require. C - 9,_DEVELQPF,4t's�[ blig-ations The DEVELOPER shall prepare', plans, specifications, agreement, advertisement, general conditions, hereinafter referred to as the "contract documents", for the lines and Facilities necessary to deliver the water and wastewater utilities from the COUNTY'S facilities. The COUNTY prior to submittal to the pernitting agencies must approve all plans and specifications. The DEVELOPER shall be responsible for their hydraulic share costs associated with the design, permitting and construction of the Offsite facilities (which includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the COUNTY. Ilic design, permitting, construction, operation and maintenance of all qgmajW water and wastewater utilities Fvhich is on or solely dedicated to the DEVrLOPER''s property (including but not limited to water meter, transmission lines, pumps, valves, storage facilities,) shall be the DEVELOPER's responsibility and expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review and approval - The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of the water ureter, however the DEVELOPER shall not be deemed to own the water and the transfer or sale of water is prohibited. The DEVELOPER may not transfer or sell water or wastewater capacity to any patty for use offsite of the property. SC - It— Eascinents: The DEVELOPER shall convey to the COUNTY rut exclusive casement for the water and wastewater utilities. in addition, the DEVELOPER shall grant to the COUNTY a non-cxclusivc ingress egress casement necessary for the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the pu'bl'ic right -Of -way including but not limited to water lines, services, laterals, sewer and associated appurtenances. After the COUNTY'S final inspection of the off-site wester and wastewater facilities for conformance with the approved plans and specifications, the DEVELOPER shall convey all the offsite facilities to the COUNTY. Tile conveyance shall include, but not be limited to the following documents, in a form acceptable to the COUNTY: a) Bill of Sale b) (;rants of Easements c) Maintenance Bond fh'YC Wre.:r` 9 ftgl'4'ClilCnl Alfred P. scapinich Page 3 of 8 C.IA�.ro+M'Y FJn'.Yrvpf-9&h Are W�A3—%Actor • Daw4-,4g""a•9M 0 --Wo" 3" r-1 d) Record Drawings (hand copy and electronic format — AutoCAD rel. 14,0) 1 SC - It. FntircAAgleemcnt. This Agreement embodies the entire agreement between the parties dative to the subject matter hereof, and there is no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly sej forth herein. +£' _ !� [iavertri_ng_I-aw & lurisdicti n; f This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such State and all actions aris"tng out of this Agreement shall be brougbt in Indian River COUNTY. All of the panics to this agreement have participated freely to the negotiation and preparation bercof; accordingly, this Agn ement shall not be more strictly construed against any one of the parties hereto. - 13. 1gmAgC DEVELOPER agrees to ensure that the selected Contractor for the project provides insurance coverage in accordance with Indian River County Utilities Department requirements. In addition, Indian River County shall be named as an additional insured and the Developer shall provide an or gi" certificate of insurance to the COUNTY. SC - 14 Maintenance Bond The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility improvements to Indian River County, Florida, and provide a Maintenance Bond for a period of ane -year after release of final payment by the COUNTY. The value of the Maintenance Bond shall be twenty-five percent (25%n) of the total construction value of the utility improvements - Sc - 0. M l ` le unto This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (l) agreement, but in making proof of this Agreement, it shrill not be necessary to produce or account for more than one such counterpart executed by the party to be charged. SC - 16. Permits.. The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use and monitoring of the water distributed and wastewater collected to the subject property. If, through no fault of the parties involved, any fcdcral, state or local government or agency (excluding the COUNTY) fail to issue necessary permits, grant necessary approvals, or require a material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement to reflect the change in condition If it becomes impossible or impracticable to perform under the terms of this Agreement because of the above, then this Agreement shall terminate and the parks shall have no further obligations to the other. The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations and maintenance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic testing, cross connection control, monitoring, color -coding of water and wastewater equipment. SC - 17. Re rdin f A icemen 'Me Agreement shall be recorded in the public records of Indian River County. Tire obligations defined in this Agreement shall be a condition, which shall run with the land and sball bind subsequent owners of the property for the term of this Agreement. De++eS—r's Agraa«ent Alfred P. &&pinch Page 4 or 8 c.9,,, rwrw FIMP". amt Aw Wn &5—Armmmd-D— -Apun*U-9M A,bu,. W"&SO— cr« • SC -1 _ S v rabi it J Inv i P vision' If any provision of the Agreement is held to be illegal, invalid or uncnf� cable under present or future lays, such provision shall be fully severable; this Agreement shall be co stzued and enforced as if such illegal, invalid or unenforreablc provision had never comprised a part of this Agreement, and the remaWn,g provisions of this Agreement shall remain in full force and eff'cct a9d stroll not be affected by such illegal, invalid, or unenforceable provision or by its severancc from this Agremcnt. SC -19- Tc 'Ihe term of this Agreement is ivy. Unless athwrwise authorired in writing this Agreement shall be not be renewed automatically for successive terms at the expiration of any preceding terra. 'Ihe Terms of this Agreement shall run concurrently with FDEP Permit to Construction and with the County's Utility Construction Pennit whichever is less but shall be not mote thanfsve (mac its from the date of issuance. SC Zp : i f s ncc: Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the United States or the State of Florida, then, in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday, IN Wl NrSS WHEREOF, the COUNTY and DEVELOPER have aecepted, trade and executed this Agreement upon the terms and conditions above stated on day and year first above written. DEVELOPER: Alfred P- 'co iai By; Wi ess (sign ) (signature) 1 - Printed Name Witness (signature) Printed Name Page 5 of 0 C -%3,,M Doyk VL1aTmjed • 9rth Ah W e& & g.,,Y,yApamxrn • Ctmppen Sm4 AIIW W on &3"" da lh '1nper's Agr.�=enr Alfred P. ScOPinich i STATE OF FLORIDA COUNTY (3F INDIAN RIVER` fore o'un `nstxurneat was acknowledged before me this day of� 1999.- by who is • personally- known to me or who has produced } as idenCificauon and who did take an oath. o ePublic Name:'9 Comm issionNumber. Commission Expiration: � (Notary Stamp) JDITM HHB 10AL*Hl : tjpkyy pLM-3t ft o1 FAcdit ATTEST: BOARD OF COUNTY COMMISSIONERS OF IND N RIVER COUNTY, FLORIDA atcc rr " timnan cffrcy IC. Barton, Clcrk y. Kenneth. R. M v e d BCC Approved 11-02-99 STA'T'E OF FLORIDA COUNTY OF INDIAN RIVER Before me personally appeared Kenn th R M ht Chairman, as Chairman of the Board of COUNTY Commissioners, and PAT I1tCIA M. 111Q -IX Deputy Clerk, to me well known instrument, and they acknowledge before me they executed same. �Qr�(� r{ Witness my hand and ofircial seals This �jpday of hl r. ire 51nY` � Notary Public. Namc: Kimberly E. Massung Commission Number: _ C55A3[i Commission Expiration: 0 7 -J-5 - 0 0 i% MY COXimber� E. MMISSION Is CU554M EXPIRES { ]ury V 1043 eosib[utreulaorruHSHsucw"INC L Page 6 of 8 e.+3UratU%M FuwlAvjai- 9&h Av. WIL" R3vrd'+1i+°a nt. Uereiepen At,-2•46th Avn W'Wasm..da ❑evelat>ep's Agreement Alfred P. SCapuuE�h r EYIIIBIT it ESTIMATED FRO.IECT COST 1 9 r- I OW rat. S..9nsuucuuu .- ., . _ � usvcysng rvacea : SEUsurvey Tifle Scatch �,��Q 5150 Easement Deacrips on so[and I ROW Acquisition ' Ste rvlces e[tnl A& rvlccs '• MudinglE W ervtCEE Services ng - as c On m1n13 a on (7nuntty'a Proportionate ShareMater& Sewer)' $167,559.94 Dtreloper'a share(Une $atc wino Fee far Water & Sewer)I 312,ZaA6 4D EXHIBIT S Property Agpra i�er Listing of Alfred P, Scopinich Property along 9e Av�nue r Page 8of9 C'U�+'nd r Projrce• AwWOW d[9rraU�tit-47�r�iapen AfM+p'a'0"A*.mewearRBn�C.dx 4 u mycloper's AgrecmeM ;;;ned P. sropwch