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HomeMy WebLinkAbout2000-184!! AN AGREEMENT (DEVELOPER'S AGREEMENT 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 unurr1ES: The DEVELOPER shall construct the necessary off=site utilities described herein, per the Indian River County Utilities Department. The COUNTY shall reimburse the 1)1 V1:I.,OI'I R 11or over -sizing of the off- site utilities as outlined below: 73 =o A. Master -Manned 12 -inch, 8 -inch and 6 -inch diameter sewer force main construction; C.? The DrVrl,OPrR shall furnish and install approximately 26501I- LF of 12 -itch force main, c 5530-1-'t- I,F of 8 -inch force main on Kings Highway and 54001-/- LF of 6 -inch force main on 49`h Street and 12001-1- of 6 -inch IX across the subject properly on Kings I lighway, The project route = begins on Kings I-lighway and 6Is( Street from the north border of (lie Developer's property south tV along Kings Highway, (lien procceding cast on 49"' Street to an existing 6 -inch force main on 49`' r� Street. (See Exhibit C) W Reimbursement: The COUNTY shall reimburse DEVEI,OPIER based on an itemized invoice of installed materials on a percentage complete basis—less 10% retainage, monihly, with final payment and release of retainage at the time: (he above referenced facilities are dedicated to and Mda Fogle TramrcQ doc BETWEEN INDIAN RIVER COUNTY, FLORIDA 11: T 1Ir I'MrrRDS OF (ZD 11-1 I I,," --:Y K. 11AHTON 1 F, — AND W N' GIFW,01 r COURT � INUTAN RIVRR GO., FLA. � `.: NATIONAL REHAB PROPERTIES, INC. ICOR EAGLE TRACE SUBDIVISION `+ FOR THE CONSTRUCTION OF OFF-SITE UTILITIES l o THIS AGREEMENT made this 13th day of June , 2000 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero c_ Beach, Florida 32960 (hereinafter the COUNTY) and NATIONAL REHAB PROPERTIES, INC., 292.1 N.W. Gill Avenue, Miami, Florida 33127_(hereinafter the DEVELOPER)- —cs WITNESSETH: WHEREAS, (he DEVELOPER, in conjunction with the construction improvements at Eaglc Trace 4+ Subdivision is providing sewer facilities to serve the subject properly (see Exhibit A), 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 provident; these otT 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 unurr1ES: The DEVELOPER shall construct the necessary off=site utilities described herein, per the Indian River County Utilities Department. The COUNTY shall reimburse the 1)1 V1:I.,OI'I R 11or over -sizing of the off- site utilities as outlined below: 73 =o A. Master -Manned 12 -inch, 8 -inch and 6 -inch diameter sewer force main construction; C.? The DrVrl,OPrR shall furnish and install approximately 26501I- LF of 12 -itch force main, c 5530-1-'t- I,F of 8 -inch force main on Kings Highway and 54001-/- LF of 6 -inch force main on 49`h Street and 12001-1- of 6 -inch IX across the subject properly on Kings I lighway, The project route = begins on Kings I-lighway and 6Is( Street from the north border of (lie Developer's property south tV along Kings Highway, (lien procceding cast on 49"' Street to an existing 6 -inch force main on 49`' r� Street. (See Exhibit C) W Reimbursement: The COUNTY shall reimburse DEVEI,OPIER based on an itemized invoice of installed materials on a percentage complete basis—less 10% retainage, monihly, with final payment and release of retainage at the time: (he above referenced facilities are dedicated to and Mda Fogle TramrcQ doc to 4W 4D YFs��rsr accepted by the County. Reimbursements shall be in the form of a check from the COUNTY and shall not exceed the total amount of $282,202.00 (See attached Exhibit 13). The Developer shall pay line extension fees in the amount of $15.77 per foot of property frontage of the proposed sewer line. 'rhe DEVELOPER'S fee for this portion is tabulated below and as shown on Exhibit t3: Kinks i highwayI Total Fronts a Cost per Front Foots a $Efi. Develo er Cost 1,300 1 1,300 1 $15.77 $20,501.00 SC - 2. Amendment: This agreement may be modified only by a written instrument executed by all parties to the agreement. SC - 3. Assn abilit : Either party may assign this Agreement, however, the rights granted herein shall run with the land and are not considered the personal property ofthe DEVELOPER. 'therefore, white 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 imus 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 [fiver 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 front qualified utility contractors must be submitted to [tie 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 containLil 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 Specifications and Contract D❑cumentS. The DEVELOPER agrees to complete a final set of construction drawings and mate submission for a Utilities Construction hermit to the Indian River County Utilitiees Department and Florida Department of Environmental Protection (FDEP). Prior to construction, all permits must be alaprovod. SC - 8. Definition Alt pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as [lie identity of the party or parties may require. SC -- 9. Developer's Obligations Askin t:.aglcTraw-wv aloe of t! f CJ The DEVELOPER shall prepare at his own expense, plans, specifications, agreement, advcrtiscmcnt, 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 permitting agencies must approve all plans and specifications. The DEVELOPER shall be responsible for his proportional share of all costs associated with the design, permitting, and construction of the offsite facilities (which Includes but is not limited to trams-aission lines, valves, fittings, hydrants, meter, 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 water meter, transmission lines, pumps, valves, and storage facilities, etc.) shall be the DEVLLOPER's responsibility and expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review and approval. The DEVELOPER shall be deented 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 capacity to any party for use offsite of the property. SC — 10. Easements 'rite DEVELOPER shall convey to the COUNTY an easement for the water and wastewater utilities for the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the private right-of-way including but not limited to water lines, services, laterals, manholes, meters, lift station, sewer, remote monitoring, etc. After the COUNTY'S final inspection of the off-site water and wastewater facilities for conformance with the approval 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 forte 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. 14.4} SC - 11. Entire Agreement This Agreement embodies the entire agreement between the parties relative to thu subject matter hel'cor, 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 arc not expressly sel forth herein. 5C --- 12. Govcrning Law & Jurisdiction: r 7 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 W Indian River COUNTY. All of the parties to this agreement have participated fre:ly in the negotiation and t.7 preparation hereof; accordingly, this Agreement shall not be more strictly consiruod against any one of rhe co parties hereto. ry 3 CA) X— A-A& lAglc Tmee-rev24m, of i • 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. Payment and Performance Bond: The DEVELOPER agrees to have furnished by the contractor to Indian River COUNTY a payment bond for 100 percent of the total amount of the offsite utility bid and a performance bond for 125 percent of the offsite utility bid as security for the faithful performance of all of the contractor's obligations under the contract documents. SC — 15. 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 after acceptance by the COUNTY. The value of the Maintenance Bosid shall be twenty -live percent (25%) of the total construction value of the utility improvements. SC —16. Multiple CounteWarts: 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 — 17. 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, (lie 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 lite 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 — 18. Recording of A&reement: ' The Agreement shall be recorded in the public records of Indian River County. The obligations defined t �7 in this Agreement shall lie a condition, which shall run with the land and shall bind subsequent owners of„s the property for the term of this Agreement. �3 SC —19. Severability J invalid provision: tv If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future ell laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such W illegal, invalid or unenforceable provision had never comprised a part ot'this Agreement, and the remaining Ul provisions of this Agreement shall remain in Full force and eft .pct and shall not be att'ectud by such illegal, invalid, or unenforceable provision or by its severance front this Agreement. AMB lzoa TnKv-rn2.tkk A/ 40 e If the DEVELOPER fails to develop/purchase this property fur any reason within one year from the date of execution of the Agreement, the Agreement shall become null and void. The Utility Department has sole authority to terminate this agreement should another party choose to build the Master Planned line designated in this agreement prior to commencement of the construction under this Agreement. A notice of termination (if' terminated) shall he recorded in the public records of Indian River County. SC -- 20. Term: The term of this Agreement is five (5)years. Unless otherwise authorized in writing this Agreement shall 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 lave (5) -years from the date of issuance. SC — 21. '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 tails on a Saturday, Sunday or legal holiday tinder the laws of the United States or the State of Florida, then, in such event, the time of such period shall be extended to [lie next day which is not a Saturday, Sunday or legal holiday. IN WITNESS WHEREOF, the COUNTY and DEVELOPER have accepted, made and executed this Agreement upon the terms and conditions above stated on day and year first above written. DEVELOPER: NATIONA 3'P O TIES, INC. �l �-I�t1 X= By:t Witness A Ri6Z Astrom, President ?11A .-.icy f.'. K s Prin Name Witness Printed Name Printed name and Title STATE OF k`11, L'©LINTY ()F �j�l�t The foregoing instrument was acknowledged before me thisday of _ +k,, 2t1U6, by Richard Astrom. as president orNational rehab Prof crties, Inc., A Nevada Corpoatiopersonally known to me or produced astiiultification. f� 1 t e4 Wa "STc Tmx mv2.duc SiglAture oi'P �rson taking; Notary Public 'tat • of I. c (Notarial Stamp) Printed name:: } - I-.'., Spay�A 9 11iitR L, V�flliF Commission No. _ o ♦� '� �` d.nrnm. HD. Ct:S$G471i Commission l3%p iration: - • y nm. Exp. sopa. 18, 2000 r • t nOwd Ins.. AmY, e4 Wa "STc Tmx mv2.duc of County Attorney Approved as to Form and Legal Sufficiency J es E. Chandler' aunty Administrator ATTEST: Jeffrey K. Barton, Clerk of Circuit Court r_ Deputy. Clerk, ! 1I STATE OF FLORIDA COUNTY OF INDIAN RIVER BOARD Of COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman BCC Approved: June 13, 2000 Before me personally appeared Iran B. Adams, as Chairman of the Board of COUNTY Commissioners, and PATRICIA "PJ" JO EMepuly Clerk, tome well known instrument, and they acknowledge before me they executed same. Witness my hand and official scall this14 day of 2000. Srrrrrrr�irrrrrrrr,�rrrrrrrrrrrrrrrrrrrrrrrirrrrrrrr r } 'sky q�` itCla i, 1'1-"4 Nntary Public, 5lale of Florida t Conin, d582439 uinIjMyCamins o Exp.U9Q42W1a < 1. INO:AIIY - Fla. i:aury service A Cn W.j Cu, • 4N44S4141444541444144i14444141414: 1••'.S'+14141411Si A:kta [ agle Treao-rev2 APc Not ry Public Namc: Commission Number: Commission Expiration: ISM fH4V Ca Approrrd Deft Admin OV Legal Bud get i1 ullntle% Rick Mgr I of 40 • r 0 EXtHDIT A I I LEGAL DESCRIP WON AND PLAT Tracts 17 and 18 in Section 9, Township 32 South, Range 39 East, Indiian River County, Florida Tax I.D. 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Y 1 I 1 in Ac �C bs u AstI, TM 1 1 4.] CO •A 40 40 • EXHIBIT B N .it'll xy IL+DAII1.;>b"15 fiy Y ESTIMATED COST OF IMPROVEMENTS: Item Description Estimated uantit Unit of Measure knit Price Total Price I 6 -inch PVC Force Main 6,600 LF 11.00 72,600.00 2 8 -inch PTC Force Main 5,530 LF 14.00 77,420.00 3 12 -inch PCV Force Main 2,650 LF 18.00 47,700.00 4 Jack and Bore 1 EA 8,000.00 8,000.00 5 6 -inch Gate Valves 5 EA 1,000.00 5,000.00 6 8 -inch Gate Valves 2 EA 1.000.00 2,000.00 7 12 -inch Gate Valves 3 FA 1,500.00 4,500.00 8 Aerial Crossing 1 EA 15,000.00 15,000.00 9 Fittings/Restraints 2.2 ToN 5,000.00 11,000.00 Subtotal 243,220.00 Contin en a,1.5% 36.483.00 Engineering, Surveying, Inspection, and Adnvinistration 23,000.00 Total Improvement Cost Estimated County Share Developer's Share 702,703.00 282,202.00 1 20,501.00 MU F.agln Tuo-rev2.s w !0 40 40 EXHIBIT C PROJECT SKETCH OF IMPROVEMENTS A da F.nale iracc-rev2.doc w 8L