HomeMy WebLinkAbout1999-339•
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AN AGREEMENT (DEVELOPER'S AGREEMENT)
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
INDIAN RIVER COMMUNITY COLLEGE (I.R.C.C.)
FOR THE CONSTRUCTION OF OFF-SITE UTILITIES
THIS AGREEMENT made this 23rd day of Novei.iber , 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 INDIAN RIVER COMMUNITY COLLEGE
(I.R.C.C.) College Lane, Vero Beach, Florida 32958 -(hereinafter the DEVELOPER).
WITNESSETH:
WHEREAS, the DEVELOPER, in conjunction with the construction improvements at Indian
River Community College 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 COUNTY and DEVELOPER agree to the special conditions (SC) as follows:
SC - 1. OFF-SITE UTILITIES:
The DEVELOPER shall construct the necessary off-site utilities described herein, per Indian River
County Utilities Department construction standards. The COUNTY shall reimburse the DEVELOPER
for construction of these off-site utilities as outlined below:
A 12 -inch Diameter Water Line along the northern boundary of the IRCC Property
The DEVELOPER shall famish and install a new 12 -inch PVC MASTER PLAN water line
along the north property line of the I.R.C.C. Campus. The 12 -inch waterline shall extend from
the eastern most boundary line and extend approximately 1,250 lineal feet to the west. "The
DEVELOPER shall make connection to existing water mains located on Flora Lane (6 -inch) and
Charlotte Ave (4 -inch) and provide future sub out connections along Lyons Ave. and Harson
Ave. The new water line shall extend west along the northern property line for a total distance of
approximately 1,250 lineal feet. The water line shall be designed to connect to a future 12 -inch
MASTER PLAN waterline to be installed along 66'h Avenue.
Immediate Reimbursement: Upon payment of Capacity Charges, the COUNTY will provide
immediate reimbursement to the DEVELOPER based on an itemized invoice of installed
materials on a percentage complete basis (lesF 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 amount of $61,605. Refer to Exhibit B, attached.
Developer's Agreement
Indian River Community College
Page 1 of 9
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SC - 2. Amendment:
A written instrument executed by the party or parties to be bound thereby may only amend this
Agreement.
SC - 3. Assignability:
Either party may assign this Agreement, however, the rights #mnted herein shall run with the land
and are not considered the personal property of the DEVELOPER. Therefore, while the DEVELOPER
has the right under this Agreement to freely transfer the rights and obligations granted 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.
SC - 4. Authority
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.
SC - 5. Bidding_and Award :
The Indian River County Department of Utility Services shall review and approve bid proposals and
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.
Furthermore, no work shall commence until the Utility Department provides written approval of the final
construction cost. The County may require redesign and / or re -bid if project costs significantly exceed
that contained in EXHIBIT B.
SC - 6. Captions:
Captions, if included, in this Agreement are included for convenience only and are not to be
considered in any construction or interpretation of this Agreement or any of its provisions.
SC 7 Construction Plans Technical SWeifications and Contract Documents
The DEVELOPER agrees to complete a final set of construction drawings and make submission for a
Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of
Environmental Protection (FDEP). Prior to construction, all permits must be approved.
SC - 8. Definition
All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the
identity of the party or parties may require.
SC - 9. DEVELOPER's Obligations:
The DEVELOPER shall prepare at its own expense, plans, specifications, agreement, advertisement,
general conditions, hereinafter referred to has 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 permitting agencies must approve all plans and specifications. The COUNTY
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 and associated
appurtenances) whether designed, permitted or constructed by the DEVELOPER or the COUNTY.
The design, permitting, construction, operation and maintenance of all on-site water and wastewater
utilities which is on or solely dedicated to the DEVELOPER's property (including but not limited to
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Developer's Agreement
Indian River Community College
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water meter, transmission lines, valves, backflow prevention device) 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 meter, however the DEVELOPER shall not be deemed to own the water and the transfer or sale
of water is prohibited. r
The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use offsite
of the property.
SC - 10 Easements•
The DEVELOPER shall convey to the COUNTY a 20 -feet wide exclusive easement for the water
and/or wastewater utilities along the northern portion of the DEVELOPER'S property from College Lane
to 661s Street (refer to EXHIBIT C).. In addition, the DEVELOPER shall grant to the COUNTY a non-
exclusive ingress -egress easement necessary for the COUNTY to install, maintain, operate and monitor
the water and wastewater utilities, within the public right -0f --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) Grant 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 - 12 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
River County shall be named as an additional insured and the DEVELOPER shall provide an original
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 one-year
Page 3 of 9
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Developer's Agreement
Indian River Community College
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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 Counterparts:
This Agreement may be executed in a number of identical counterparts which, taken together, shall
constit-te collectively one (1) agreement; but in making proof of this Agreement, it shall not be
necessary p 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 federal, 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 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.
SC - 17 Severability / Invalid Provision:
If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or
future laws, 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 -1 . Term:
The term of this Agreement is five (5) years. Unless otherwise authorized in writing this Agreement
shall be not be renewed automatically for successive terms at the expiration of any preceding term. The
Terms 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)years from the date of
issuance.
SC - 19. 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.
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Mweloper's Agreement
Indian River Community College
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IN WITNESS WHEREOF, the COUNTY and DEVELOPER have accepted, made and executed this
Agreement upon the terms and conditions above stand on day and year first above written.
District Board of Trustees of
DEVELOPER: Indian River Communiky College Vero Beach Campus
Witness Name (signature)
%Su &ck-n n e. loal,' 66 aS
Witness Name (print)
Wi ess Name8 nature)
Z/
Witness Name (print)
Edwin R. Massey, Ph.D., President
By:
Engel J. r
ctie• , Chairman
Indien fWu Go Ap;foved Oaela
Admin.
LQgel
Budget
utilitiez i fqoj
Rick Mgr.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUN'T'Y, FLORIDA
B
y.
J ffrey K. Barton,$ y erk K eth R. Macht, airman
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 21 S t day of Dec e m b e P 1999, by
Kenneth R. Macht. Chairman who is personally known to me or who has produced
as identification and who did take an oath.
Notary Pu c
Name:
Commission Number:
Commission Expiration:
(Notary Stamp)
Kimbetly E. Massung
=:�' F'=MY COMMISSIONNCC855436EXPIRES
3uly 15, 2003
, BONDEDTHRU TROY FAN INSURANCE INC.
Page S of 9
C;%Msm Doyle FilesTmied - bulim Rim Cm..Mti y Collet \AreemeM • Develops Areement, IRCC Cmque • Nov 3.1999.doe
Developer's Agreement
Indian River Community College
40
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appeared as Chairman of the Board of
COUNTY Commissioners, and ATRICIA "PJ" JO a$ Deputy Cleric, to me well known instrument,
and they acknowledge before me they executed same.
Witness my hand and official seals this 21 S t day of D e c e m b e r 1999.
; �M" , Kimberly E Massung
Notary Pub ' : MY COMMISSION#CC855436 EXPIRES
`�`•. ]uly 15, 2003
Name: BONDED TNRU TROY FAIN INSURANCE. INC
Commission Number:
Commission Expiration:
Page 6 of 9
C19tem Doyle Fils\AojW - tndim River Comamily ColkgeWgreemmM - DeveloM Apmneot, MCC CaW - Nov 3,1999 da
Developer's Agreement
Indian River Community College
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EXHIBIT A
LEGAL DESCRIPTION AND PLAT
DESCRIPTION:
The West 3.0.09 acres of Tract 14 in Section 5, Township 33
South, Range 39 East; according to the last general plat of
lands of the Indian River Farms Company filed in the ofl•ice of
the Circuit Court of St. Lucie County, Florida in Plat Book 2,
Page 25, said land now lying and being in Indian River County,
Florida.
AND
The East 10 acres of Tract 14 North of Main Canal, in Section 5,
Township 33 South, Range 39 East; according to the last
general plat of lands of the Indian River Farms Company filed in
the office of the Clerk of the Circuit Court of St. Lucie County,
Florida, in Plat Book 2, Page 25, said land now lying and being
in Indian River County, Florida.
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EXHIBIT B
PROJECT COST ESTIMTE
Indian River County Department of Utility Services
Indian River Community College
Proposed 12 -inch Master Plan Water Line
Bid
u
Bid Item
Total
Unit
Est.
Unit
Total
Price
Item
Description
Estimated
Quantity
of
Measure
Price
Did
— No.
3.0E%/.16
51.490
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Postage & Mailings
SO
SO
SO
Services During C!T!E�
s
l
L.S.
SI,000
51,000
I
Mobilization (Bonds & Insurance)
I
5200
5200
2
Video Recording
3
F:A.
52,000
56,000
3
Fire Hydrant Assembly incl. gate valve
S8
5320
4
4" PVC Water Main
40
40
L.F.
L.F.12
S4g0
5
6" PVC Water Main
1,
L.F.
Slg
522,500
6
12" PVC Water Main
0
0
EA.
5200
50
7
6" Gate Valve
2
EA.
$1,200
52,400
g
12" Gate Valva
0.5
"CON
$5,000
52,500
9
Fittings
19
L.S.
53,5005400
53,500
10
Water Meter (Master Meter) Modification
5400
I1
Water line Jumper (flushing & disinfection)
I
EA.
$20.00
S2,000
12
Asphalt Cement Re lacement over full trench width
100
L.F.
52.50
51,300
13
Lawn Restoration (ropsoil & Sod)
520
t
S. Y.
L.S.
$ 500
$ 500
14Record
Drawings (survey, GIS Format, etc.)
5 5500
$ 5500
15
Demobilization
1
L.S.
PFI.
Miscellaneous
Pennitlin Fee - FDEP-Water
Allowance
I
$500
5500
_--- .
Force IKI:UUS Conngcncy nvwuln
Est. Conswction Cost : 549,610
Surveying Services : S1,9W
Field Survey $900
Title Search $250
Easement Description $750
Design Services n
9.01 %
S4,4701
I'ennitting Services (a)
3.1 %
51,540
Bidding &Award Services (t}
3.0E%/.16
51.490
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Postage & Mailings
SO
SO
SO
Services During C!T!E�
Administration Q
5.0%
County's Project Coat :
61,605
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