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Home My WebLink About1999-309C� 6 q1 AN AGREEMENT (DEVELOPER'S AGREEMENT) BETWEEN INDIAN RIVER COUNTY, FLORIDA AND JOHN LLOYD FOR WQ.QDM1IERE TRADE CENTER FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS AGREEMENT made this 7th day of December, 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 John Lloyd, the address of which is 9432 U.S. Highway 41, Sebastian, Florida 32958 (hereinafter the DEVELOPER). WITNESSETH. WHEREAS, the DEVELOPER, in conjunction with the construction improvements at f Woodmerc__�r?4 & n r 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 to the special conditions (SC) as follows: UTIL, TIES; 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: A. 6 -inch Diameter-anitan� Forcc Main along High Street from 2'. Street to Woodmen Road and along Woodmen: Road from High Street to Old Dixie High The DEVELOPER shall furnish and install a 6 -inch PVC force main along the West Side of High Street from CR -512 to 2"' Street to Woodmere Road and along the south side of Woodmere Road from High Street to Old Dixie Highway. Make connection to a proposed 6 -inch force main to be located on the west side of High Street and 2' Street, as per the Smith Warehouse Developer' Agreement. The new force main shall extend south along High Street from 2" Street to the intersection of Woodmere Road and travel eastward along Woodmere to the west right-of-- way line of Old Dixie Highway for a total of 983 +/- lineal feet. The Developer is relying upon the construction of a sewer force main along High Street to be installed by others (Smith Warehouse Development, Randy Mosby as Engineer -of -Record). Devekpa1 Apeanaa Wood—Trde Cotler CSteven D4yk FlksTrolw- Woodmen Tnde CenwAlrearc-Devek,"n Apreanad, Wood.— Tnde Carta Nov 1999 doc D • • Smith Warehouse is currently under design and construction may not run concurrently with Woodmere Trade Center. Therefore it is agreed that the DEVELOPER install a 6 -inch sewer force main if the 6 -inch force main is not installed along High Street under the Smith Warehouse Developers Agreement or its sequel. If the force main proposed by the Smith Warehouse Developer's Agreement is not constructed, the DEVELOPER shall furnish and install a 6 -inch PVC force main along the west side of High Street from CR -512 to 2' Street. The DEVELOPER shall make connection to an existing 8 -inch force main located on CR -512. The proposed force main shall extend along Higi Street to the intersection of 2" Street for a total of 300 +/- lineal feet. The Developer shall pay line extension fees in the amount of $15.77 per foot of property frontage of the proposed wastewater line. The DEVELOPER'S fee for this portion is tabulated below: Woodmere Rd, F%mage Total Frontage Cost per Front Footage (5/ft.) Developer Cost L— —210 _ 210 _ - —515.77 i 53,311.70 $B K -inch Diameter Water Main along ►Hgh Street from CR-512to 2" Street: The DEVELOPER shall furnish and install a 8 -inch PVC water main along the east Side of High Street from CR -512 to 2`1 Street to Woodmere Road and along the north side of Woodmere Road from High Street to Old Dixie Highway. Make connection to a proposed 8 -inch water main to be located on the east side of High Street and 2' Street, as per the Smith Warehouse Developer' Agreement. The new water main shall extend south along High Street from 2' Street to the intersection of Woodmere Road and travel eastward along Woodmcre to the west right-of-way line of Old Dixie Highway for a total of 947 +/- lineal feet The Developer is relying upon the construction of a water main along High Street to be installed by others (Smith Warehouse Development, Randy Mosby as Engineer -of -Record). Smith Warehouse is currently under design and construction may not run concurrently with Woodmere Trade Center. Therefore it is agreed that the DEVELOPER install an 8 -inch water main if the 6 - inch force main is not installed along High Street under the Smith Warehouse Developer's Agreement or its sequel. If the water main proposed by the Smith Warehouse Developer's Agreement is not constructed, the DEVELOPER shall furnish and install a 6 -inch PVC water main along the east side of High Street from CR -512 to 2"' Street. The DEVELOPER shall make connection to an existing 16 -inch water main located on CR -512. The proposed water main shall extend along High Street to the intersection of 2"' Street for a total of 300 +/- lineal feet. The Developer shall pay line extension fees in the amount of $11.25 per foot of property frontage of the proposed water line. The DEVELOPER'S fee for this portion is tabulated below: Woodmere Rd. Frontage Total Frontage Cost per Front Footage ($/ft.) Developer Cost 210 210 -1 511.25 - $2,362.50 .7ar.lopa,Apee -d Woodmen Trade Cada CAStel. NYW FdaT .J d-Wood—T.&C.WeArrarron-D.wlopae Areemad,Wmd-1 Trdo Creta Nov 1999 doe D • • Smith Warehouse is currently under design and construction may not run concurrently with Woodmere Trade Center. Therefore it is agreed that the DEVELOPER install a 6 -inch sewer force main if the 6 -inch force main is not installed along High Street under the Smith Warehouse Developers Agreement or its sequel. If the force main proposed by the Smith Warehouse Developer's Agreement is not constructed, the DEVELOPER shall furnish and install a 6 -inch PVC force main along the west side of High Street from CR -512 to 2' Street. The DEVELOPER shall make connection to an existing 8 -inch force main located on CR -512. The proposed force main shall extend along Higi Street to the intersection of 2" Street for a total of 300 +/- lineal feet. The Developer shall pay line extension fees in the amount of $15.77 per foot of property frontage of the proposed wastewater line. The DEVELOPER'S fee for this portion is tabulated below: Woodmere Rd, F%mage Total Frontage Cost per Front Footage (5/ft.) Developer Cost L— —210 _ 210 _ - —515.77 i 53,311.70 $B K -inch Diameter Water Main along ►Hgh Street from CR-512to 2" Street: The DEVELOPER shall furnish and install a 8 -inch PVC water main along the east Side of High Street from CR -512 to 2`1 Street to Woodmere Road and along the north side of Woodmere Road from High Street to Old Dixie Highway. Make connection to a proposed 8 -inch water main to be located on the east side of High Street and 2' Street, as per the Smith Warehouse Developer' Agreement. The new water main shall extend south along High Street from 2' Street to the intersection of Woodmere Road and travel eastward along Woodmcre to the west right-of-way line of Old Dixie Highway for a total of 947 +/- lineal feet The Developer is relying upon the construction of a water main along High Street to be installed by others (Smith Warehouse Development, Randy Mosby as Engineer -of -Record). Smith Warehouse is currently under design and construction may not run concurrently with Woodmere Trade Center. Therefore it is agreed that the DEVELOPER install an 8 -inch water main if the 6 - inch force main is not installed along High Street under the Smith Warehouse Developer's Agreement or its sequel. If the water main proposed by the Smith Warehouse Developer's Agreement is not constructed, the DEVELOPER shall furnish and install a 6 -inch PVC water main along the east side of High Street from CR -512 to 2"' Street. The DEVELOPER shall make connection to an existing 16 -inch water main located on CR -512. The proposed water main shall extend along High Street to the intersection of 2"' Street for a total of 300 +/- lineal feet. The Developer shall pay line extension fees in the amount of $11.25 per foot of property frontage of the proposed water line. The DEVELOPER'S fee for this portion is tabulated below: Woodmere Rd. Frontage Total Frontage Cost per Front Footage ($/ft.) Developer Cost 210 210 -1 511.25 - $2,362.50 .7ar.lopa,Apee -d Woodmen Trade Cada CAStel. NYW FdaT .J d-Wood—T.&C.WeArrarron-D.wlopae Areemad,Wmd-1 Trdo Creta Nov 1999 doe L n.� prior to submittal to the permitting agencies must approve all plans and specifications. The DEVELOPER shall be responsible for all 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. The design, permitting, construction, operation and maintenance of all 99:0W water and wastewater utilities which is on or solely dedicated to the DEVELOPER'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. 'Ile DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of the water meter, 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 capacityto any pally for use offsite of the property. 59--10— Easerocn The DEVELOPER shall convey to the COUNTY an exclusive casement for the water and wastewater utilities. In addition, the DEVELOPER shall grant to the COUNTY a non-exclusive ingress - egress casement necessary for the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the public right-of-way including but not limited to water lines, services, laterals, manholes, meters, lift station, sewer, remote monitoring After the COUNTY'S final inspection of the off-site water and wastewater facilities for conformance with the approved plans and specifications, the DEVELOPER shall convey all the offsite facilities to the COUNTY. The conveyance shall include, but not be limited to the following documents, in a form acceptable to the COUNTY: a) Bill of Sale b) Grants of Easements c) Maintenance Bond d) Record Drawings (hard copy and electronic format - AutoCAD rel. 14.0) SC -11_ Entire Agreement: This Agreement embodies the entire agreement between the parties relative 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 set forth herein. SC - l2 Governing Law & Jurisdiction: This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such State and all actions arising out of this Agreement shall be brought in Indian River COUNTY. All of the parties to this agreement have participated freely in the negotiation and preparation hereof, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. SC - 13. Insurance: 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 Ne .kVa'e Ap—t Woodmen Trade Cm C:%9%e L,kFd.,,Njat- Woodmae Trade CentefA9-1-[krelopna Apern kW -1— T.& Cmta Nor 1999 doe 0 River County shall be named as an additional insured and the Developer shall provide an original certificate of insurance to the COUNTY. SC - 14 Main nange 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 one-year after release of final payment by the COUNTY. The value of the Maintenance Bond shall be twenty-five percent (25%) of the total construction value of the utility improvements. Sc - 15 Multiple Cvuntervarts; This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement. but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. SC - 16.Pgrmits: 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 federal, state or local government or agency (excluding the COUNTY) fail to issue necessary permits, grant necessan 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 parties 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. Rr�ingvt•Attretmcnt The Agreement shall be recorded in the public records of Indian River County. The obligations defined in this Agreement shall be a condition, which shall run with the land and shall bind subsequent owners of the property for the term of this Agreement, (- .....evcralrilily / Invalid Pruvision; If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future law's, such provision shall be fully severable. this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. Sc - 19. Term: The term of this Agreement is five (5) Ncars. Unless otherwise authorized in writing this Agreement shall be to be renewed automatically for successive terms at the expiration of any preceding term. The Terns of this Agreement shall run concurrently with FDEP Permit to Construction and with the County's Utility Construction Permit whichever is less but shall be not more than five 5 - •ears from the date of issuance. C.St,m Wyk Fdm'P,.J t -W --Ib erc Tnde CmtttUpt d-Nev kven Ar W -lb -I Tnda Cent -Nov 1999 da N'o.d—T.& C -W 40 G C SC - 20 Time of Essence: Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the 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 WITNESS WHEREOF, the COUNTY and DE`/ELOPER have accepted, made and executed this Agreement upon the terms and conditions above stated on day and year first above written. DEVELOPER: John Llovd .� By: �Wee(sigrt ature) (signature) 1, �yQ/VGS Pnnte Name 1 ss ( ig ure) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this \`t'_M_ day of g;�jq�k.__._. 1949, by who is personally known to me or who has produced _ as identification and who did take off. Notary• Public Name: 0AILSTRUBHAR }4 r 4 Commission Number. Cs -_ Commission Expiration: 14ousr10rAny FlalDwysaawaeo warn (Notary tamp ;,k •, /ynarvrt Woodad�Tndt Cagy C\Savar Doyk Fda',Proj- - W—dmm Trade Ca"I AF -1 • Drarelopm Apeemart Woo&e Tnh Cams Nor 1999 dm 40 • • • STATE OF FLORIDA COUNTY OF INDIAN RIVER ATTEST. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA B?AKe,4nthR Jef�gyChainnan f�,.-� Before me personally appeared KennethR_Maeht�S , as Chairman of the Board of COUNTY Commissioners, and''AiRILIA as Deputy Clerk, to me well known instrument, and they acknowledge before me they executed same. Witness my hand and official seals this 7th day of 1999. Notarn Public i Name: Kimberly E MdiiWU Commission Number: Commission Expiration: Moberly E Mossung > A My COMMI "I cc&54U t)"Es >utY iS 2003 •x¢.�•' raaonauroorFwrwA+ctW- 1`1— " A dmi n Utilities Fltck M C'Star. ale FaaTmixt • Wuod.. Trde CmdeM1Al*w-d - D—kVm App aT� W00&—T.& Cm[a dor 1999 dm alt n.�twa•..+�-,tee W..do,e,. Thee Cad. [i?ITTiLl LEGAL D9KR TWM AMD PLAT Al L OF LOTS 3 - 5, BLOCK 1, SEBASTIAN GROVES ESTATES ACCORDING TO TFIE PLAT T MF: R.F,OF AS RF CORDF.I) IN PLAT BOOK 5, PAGE 85 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA. k,<I.•�rr t Apm.,,n,t ��,..�,•.,�r[$ 14 cr„� s EXHIBIT B PROJECT COST ESTLNtATE ESTQL4TED COST OF DIPROVEhiENTS: Item Description Estimated Unit of Measure ----Unit Price Total Price Quantity Dia PVC Force 943 Ft. S11.50 $10,844.50 Main a 2. 4" Dia. PVC Force 40 Ft. 58.50 $340.00 3. Main 4" Restrainers 2 Each 540.00 580.00 4, 6" Restrainers 10 Each _ 550.00 5500.00 5. 6" Tee 1 ,-- Each 5221.00 $221.00 6. 6" 22.5 Degrce Fittin I Each _ S110.00 $110.00 7. 6" x 4" Reducer 1 Each S120.00 S120.00 8. 2" Air Release Valve _ 1 Each S1,100.00 _S1,100.00 Gate Valve 1 Each S575.00 _ 5575.00 10. 4" Gate Valve 1 _ Each 5100.00 _ 5400.00 11. _ Jute erConnrction 1 _ Each _ 51,200.00 S1,200.00 12. 1 ''/i' Water Service 1 _ Each_S257.00 _5257.00 13. Fire Hydrant & 6" Gate 2 _ _ Each 52,050.00 S4,100.00 Valve -- 14. 2" Blowoff 2 _ Each _ _ $1,100.00 $2,200.00 _ 1 Each $302.00 15. 16. 8" Tee 8" Restrainers 14 Each _$302.00 i $83.57 S1,169.98 17. 8" 22.5 Degree Fitting 1 Each 5257.00 5257.00 18. 19. 8" Gate Valve 8" Dia. PVC Water 2 947 Each Ft. 5810.00 514.00 $1,620.00 $13,258.00 _ 20. Main _ Pavement Restoration 634SF -- -- ____S4,25 $2,694.50 ------ _ Subtotal -_. $41,348.98. - - -- Contingeac (4710% S4 134.90 _ Engineering, Surveying & $3,000.00 Administration Total Improvement Cost_ _ $48,483.88 _ Estimated County Share 542,809.68 - ._ --- cc fle In Developer s Agreement W°odmem bade Center Page 9 of 10 40 • • EXHIBIT C PROJECT SKETCH OF I,MPORVENIENTS uram ua a.om�n \ as DISI u O `podua rw wi