HomeMy WebLinkAbout1999-340a- �/-qF
ORIGINAL
PERMIT AND INTERLOCAL AGREEMENT 31
(No. IRC -5)
THIS PERMIT AND INTERLOCAL AGREEMENT, dated this L day of
2000, by and between INDIAN RIVER FARMS WATER
ACONTRDISTRICT, a drainage district organized and existin under the General
g
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, 2000, unless sooner terminated as hereinafter
provided, to maintain, inspect, operate and repair a 24 fiber-optic cable, at a depth of 30",
under District right-of-way two feet inside the North right-of-way line of the Main Canal
for a distance of 9,150 lineal feet (1.73 miles), with detectable marking tape and 12"
cover, at the locations and in accordance with the plans and specifications provided to
Carter Associates, Inc. prepared b Precision Construction Services, Inc., 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 fiber-optic cable shall be in exact
conformity with the plans prepared by Precision Construction Services, Inc., provided to
Carter Associates, Inc.
2. The rights shall extend only for fiber-optic cable used exclusively by Indian
River County or by a consortium of Indian River County, the School District of Indian
river County and the City of Vero Beach (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
fiber optic cable 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
1
P)
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 or 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 of such insw.'lations 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 fiber-optic cable 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 fiber optic
cable 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 fiber optic cable 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 fiber optic cable within the said right-of-way in order that the location of same
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
j
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
P)
11
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, shalt 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
Seventy Six and No/100 Dollars ($2,076.00), 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, 2000 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 fiber optic cable from the right-of-way for 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 does 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 of District's
3
40
•
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.
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. Permittee's obligations under Paragraphs 3, 5 and 18 may be affected by
Florida Statutes' restrictions on hold harmless clauses.
22. In consideration of the grant of this P:rmit, 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
�`tti
authority of its board of Supervisors, this 02h0jday of ceen�".zoUu.
Signed, seal and delivered
in the presence of: ;
V INDIAN V R FA TER
CONTR IS
J hn S. os, Secretary
Permittee'hereby accepts the terms of this Permit, and covenants and agrees that it
dill comply with -the terms and conditions of this Permit.
"""Datedthis 21stdayof December ,20 §X 1999.
Signed, sealed and delivered
in the presence of: (Seal)
INDIAN RIVER 0
A
as to Permittee
By:
0
►LINTY
Wnneth R"),M c•h
s E
4
min a