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Home My WebLink About1999-294• • OCTOBER 18, 1999 AN AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND FALCON PROPERTIES, LTD FOR INDIAN RIVER COURTS FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS AGREEMENT made this 16th day of November , 1999 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1850 25th Street, Vero Beach, Florida 32960 (County) and FALCON PROPERTIES, LTD., A Florida Corporation, (Developer), 848 Brickell Avenue, Suite 810, Miami, Florida 33131. WITNESSETH: WHEREAS, the Developer, in conjunction with the construction of improvements at Indian River Courts 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 considerable, the County and Developer agree as follows: Master Planned 12" Diameter Water and 8" Diameter Force Main Construction A. The Developer shall construct the necessary off-site utilities described herein, per the Indian River County Utilities Department. The County shall reimburse the Developer for over -sizing of the off-site utilities as outlined below: The construction of an 8 -inch PVC Force Main from the existing 12" force main in the U.S. Highway No. 1 right-of-way along South Gifford Road (41St Street) to the SE Corner of the Developer's property for a total of 2,240 linear feet. 1 c �steren CoYN Fd-A`n iat - Indian Rtrn Coutts Wales k SewWAgteement - Indun Rivet court - D veloWs Agreetnent dal • Construction of a 12 -inch PVC Water Main from the SW corner of the Developer's Property along Gifford Road (4151 Street) to the right-of-way of Indian River Blvd. for a total of 2,220 linear feet. B. Upon payment of Capacity Charges, the County shall reimburse Developer based on an itemized invoice of installed materials on a percentage complete basis — less 10% retainage, monthly, with final payment and release of retainage at the time the above referenced facilities are dedicated to and accepted by the County. Reimbursements shall be in the form of check from the County, and shall not exceed the proportionate amount of $196,871.02 correlating to the distribution and collection portion of ERUs reserved (see attached exhibits Al through A2). For example, the present ratio of water capacity charges for distribution is $494 per ERU. At the present ratio of sewer capacity charges for collection is $741 per ERU. If 10 ERUs are reserved, the maximum amount of reimbursement would be the lesser of 10 x (494 + 741) _ $12,350 or percentage of project complete, less 10% retainage. 2. Master Planned 16" Diameter Water Main Construction A. Construction of a 16 -inch PVC Water Main from the NE corner of the National Health Corp Property along Indian River Blvd. to the entrance at Grand Harbor (Harbor Drive) for a total of 8,495 linear feet. B. The County shall reimburse Developer based on an itemized invoice of installed materials on a percentage complete basis — less 10% retainage, monthly, with final payment and release of retainage at the time the above referenced facilities are dedicated to and accepted by the County. Reimbursements shall be in the form of check from the County, and shall not exceed the total amount of $695,593.45 (see attached Exhibit A3.) 3. Master Planned Regional Lift Station A. The Developer shall construct a sub -regional lift station, including over - sizing necessary to serve the surrounding area, per the Indian River County Utilities Department. Construction of the lift station shall provide service to the Developer's property, as well as several surrounding properties for a total of 80.53 acres (see attached Exhibits A4). B. The County shall reimburse Developer for construction of said lift station pursuant to the provisions of Section 201. 11, Code of Indian River County, for funds advanced by developer to construct sewage pumping facilities in accordance with the County's master plan, less the cost of Developer's hydraulic share of facilities. The funds to reimburse developer shall come from the connection charges of other properties, which use the El constructed |hmo and fao|dmu, based on their share of the hydraulic capacity used, The obligation nYthe County (omake such reimbursement hodeveloper uhaUhnmthe date nfthis agreement. TOTAL REIMBURSEMENT mothu*xnood— —$88122.38 4 The Developer a0moo to complete a final set of construction drawings and submit a uh|iUan construction permit to the Indian River County Utilities Department and Florida Department of Environmental Protection. Prior to construction, all permits must beapproved. 5. The Developer agrees W convey all right, title, and interest in the aforementioned force main to Indian River County. Florida, and provide a one-year, 26% maintenance bond to cover the one-year period o0nr final payment by the County. 6, The Developer agrees tn diligently seek all required permitting, construction, and dedication of the facilities referred to herein, it being understood that time is of the essence. 7, The Indian River County Department ofUtility Services shall review and approve bid proposals and engineering costs related with the work described herein. At least (3) bid estimates from qualified oon(osdom must be submitted to the Department ofUtility 8omiooe for review. Approval ofproject costs will be a condition of the Utilities Department's reimbursement for construction. Furthennore, no work oho|| nnmmonnn m%i\ the Uh|hiou Department provides written approval ofthe final construction cost. 8. Developer agrees to ensure that the selected Contractor for the project provides insurance coverage in mcnondonma with Indian River County Utility 8emiuox requirements, In addition, Indian River County will be named as additional 40 STATE OF FLORIDA COUNTY OF `PA;�� S The foreg ing instrument was acknowledged before me this��day of sl c.L S " 1999, by 1=Ut who is personally known to me or who has produced ��-� -- --__ as Iden fication and who did take an oath. Notary Pu -K J. SEGREDO MY COMUISSION t cc 844187 • F # U ll 16 6.d601NU Houry—t 11- COUNTY: STATE OF FLORIDA COUNTY OF INDIAN RIVER Name: L:-_' Commission Number �C Commission Expiration: ='- lA Before me personally appeared Kenneth R. Macht , as Chairman of the Board of County Commissioners, and PATRICIA "PJ" JONFs as Deputy Clerk, to me well known instrument, and they acknowledged before me they executed same. Witness my hand and official seal this 1 ; . 1 day of Ncv�mhPr _, 1999" Notary Pubic Name: Kimberly E M a s s u n a Commission Number CC855436 Commission Expiration: July 15,_20,x)3 Kimberly E. Mossung MY COMMISSION t CCBSStM EXPIRES '•.�., :. r> 714 6, 7001 60H4Fn111RUW AN1hiURAHCF. VC .M. U.5f . � \ : I C7 stabilization is prohibited. If mixing has occurred, the entire load will be required to be stabilized at the SOURCE . B. The CUSTOMER warrants that to the best of its knowledge, the residuals delivered to the COUNTY will not contain any hazardous, toxic or radioactive waste or substances as defined by applicable federal, state and local laws or restrictions. ' C. The maximum permissible daily residual discharges from the CUSTOMER'S residual waste stream shall not exceed 20,000 galtonsgr—day (gpd). This amount will not be exceeded without the written approval of the COUNTY. 3 The COUNTY hereby covenants and agrees: A. To maintain, monitor and operate the dewatering facility and residuals disposal site (landfill) in compliance with FAC, Chapter 62-640. B. To accept responsibility for the proper measurement and dewatering for the proper disposal of the residuals as required by FAC, Chapter 62-640. 4 It is further understood by both parties that: A. Each party understands this Agreement is subject to the rules, regulations and directives of the regulatory agencies and agrees that in the event such rules, regulations and directives require modification of this Agreement, and each will negotiate in good faith to make such modification. B. Upon arrival onsite for treatment of residuals from the CUSTOMER'S plant, the COUNTY has the right to refuse treatment of said residuals, if it is demonstrated that the chemical/physical characteristics of the transported material is not consistent for dewatering. The CUSTOMER will be responsible for the removal and proper disposal of the transported material. If such residual requires further treatment, such as outside dewatering/chemical addition then a surcharge fee may be imposed by the County for said additional treatment. C. It is specifically agreed and understood by all parties hereto, that the prevailing rate established by Indian River County Utilities Department is for the proper treatment and disposal of residuals delivered by the CUSTOMER to the Indian River County Residuals Management Facility. D. CUSTOMER shall make payment within thirty (30) days after receipt of an invoice from the COUNTY unless a longer time period is allowed by the COUNTY Utilities Department but in the event that payment is not made when due, the COUNTY, at its sole option, may at any time terminate this Agreement on notice to CUSTOMER and the Florida Department of Environmental Protection. COUNTY may impose, and CUS'T'OMER agrees to pay, a late fee not to exceed the maximum rate allowed by applicable law for all past due payments. 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