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AN AGREEMENT (DEVELOPER'S AGREEMENT)
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
SEBASTIAN CHARTER JUNIOR HIGH, INC.
FOR THE CONSTRUCTION OF OFF-SITE UTILITIES
THIS AGREEMENT made this 20th day of tune , 2000 by and between INDIAN RIVER
COUNTY, a political subdivision of the Statc of Florida, the address of which is 1840 25th Street, Vero
Beach, Florida 32960 (hereinafter the COUNTY) and Sebastian Charter Junior Higd1, Inc. Sebastian,
Florida. 3295!3 (hercinafter the DEVELOPER).
WITNESSETH:
WHEREAS, the DEVELOPER, in conjunction widi the construction improvements at ABC
CONSTRUCTION COBE is providing water and wastewater facilities to serve the subject property (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 tate 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.
SC - 1. OFF-SITE UTILITIES:
Tho 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. 12 -inch Diameter Sanitary Water Main along Fleming Street and Wave Stmet:
The DEVEI..OPER shall furnish and install a 12 -inch water main along Fleming Street to Wave
Street thence south along; Wave. Street to the intersection of George Street. Make connection to
existing water mains located on Fleming Sues[ and George Street. The new watcr train shall
extend the existing water distribution system approximately 1,150 +1- lincal tect.
Reimbursement shall be in tic form of check from the COUNTY, and shall not exceed the amount
of 164,421_.i 0 (sax; attached Exhibit B). 11he Developer's share of the cost of the water nuain shall
based on $11.25 per foot of property frontage. The DEVELOPER'S fee for this portion is
tabulated bclov
Wave St. Frontage Total Frontage Cost Per Front Dow:loper Cosa
Footage (Sl [1.}
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SC - 2. Amendment:
11is agreement may be modified only by a wvriften instrument executed by all parties to the agreement.
SC - 3. Assignability:
Either party may assign this Agreement, ]towcvcr, rite rights granted herein shall run wilt 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 die rights and obligations granted by this Agreement, the
assignce shall not have the right to transfer these rights to another property unless this Agreement is
amended in writing by the assignm and the COUNTY to provide otherwise.
SC - 4. Authon
Each party hereto represents and warrants to the other that tic 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 %%ith their terms.
SC - 5. Bidding and Award
The Indian River County Department of Utility Services shall review 'and approve bird proposals and
engineering costs rclattxd with the Work described herein. At least three (3) bid estimates from qualified
utility contractors must be submitted to the Dcparmient of Utility Services for review. Approval of project
costs will be a condition of [ire Utility DLpartmcnt's reimbursement for construction. furthermore, no
work shall commcncc until the Utility Department provides written approval of the final construction cost.
The County may require redesign and 1 or re -bid if project costs significantly exceed that contained in
Exhibit B.
SC - 6. Captions:
Captions, if included, In tins Agreement are mcludul for convenience only and are not to be considered
in any construction or interpretation of this Agre rnent or any of its provisions.
SC - 7. Construction Plans, Technical Specifications and Contract Documents:
'fie DEVELOPER agrees to complete a final set of construction drawings and make submission for a
Utilifics Construction Permit to the Indian River County Utilities Department and Florida Department of
Environmental Protection {FDEP). Prior to construction, all permits must be approved.
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SC -_8. Deftnilion ;V
All pronouns shall be dmmcd to refer to the masculine, feminine, or neuter, singular or plural, as lure
identity of the party or parties may require. Z
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SC - 9. DEVELOPER's Obligations-
The
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'fire DEVELOPER shall prepare at its own expense, plans, specifications, agrceanent, advertisement, N
general conditions, qucreinafdcr rcferrtA 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 co
prior to submittal to the permitting agencies roust approve all plans and specificatio :.s. The DEVELOPER Cn
shall be responsible for all costs associated wifi tic design, pennitting and constntctiun of the offsite
facilities (which includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and
associated appurtenances) whether designed, permitter! or constructed by this DFIVELOPI R or rite
COUNTY.
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The design, permitting, construction., operation and maintenance of all ort -site water and wastewater
u0tics which is on or solely dedicated to the DEVELOPER's property (including but not limited to water
meter, transmission lines, pumps, valves, storage Facilities, etc.) shall be the MVELOPER's responsibility
acid expense. Construction of on-site water acrd 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 die DEVELOPER shall not be darned to own the water and the transfer or sale
of water is prohibited.
The DEVELOPER may not transfer or sell seater or wastewater capacity to any party for use offsite of
the property.
SC - 10. 'Easements:
The DEVELOPER shall convey to the COUNTY a utility easement for the water and
wastewater utilities for the COUNTY to install, maintain, operate and monitor the water and
wastewater utilities, within the right-of-way including but not limiters to water lines, services, tire
hydrants, and sewer lateral.
After the COUNTY'S final inspection of the off-site water and wastewater facilities for confornmice:
with the approved plans and specifications, the DEVELOPER shall convey all the offsite facilities to the
COUNTY. The conveyance shall include, but not be linute d to the fallowing documents, in a form
acceptable to the COUNTY:
a) Bill of sale
b) G=rants of Easements
c) Maintenance Bond
d) Record Drawings (hard copy and electronic format — AutoCAD rcl. 14.0)
SC - 11. Entire AL,reement:
This Agreement embodies Are entire agreement between tic parties relative to the subject matter hereof,
and there is no oral or written agreements between die parties, nor any representations made by either party
relative to the subject matter hercof, which are not expressly set forth herein.
SC - 12 Governing, Law & Jurisdiction:
This Agreement shall be governed by the laws of hire State of Florida and the laws of the United States C:>
pertaining to transactions in such State and all actions arising out of this Agreement shall be brought in —"
Indian River COUNTY. All of die parties to this agnx:mcnt have participated freely in die negotiation and
re 7aration hereof; accordingly, this Agreement shall not be more strictly construed a ainst an one of the
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SC - 13. Insurance: _--
DEVELOPER agrus to ensure that the selected Contractor for the project provides insurance: coverage dp
in accordance: with Indian River County Utilities Department requirements, In addition, Indian River --- J
County shall be named as an additional insured and tic Dcvcloper shall prorvidc an original certificate of
insurance to the COUNTY.
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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
after acceptance by the COUN'T'Y. Tl.c value of de Maintenance Bond shall be tive.ty-five percent (250/a)
of the total construction value of die utility improvements.
SC 15. Multiple CounteiRarts:
'Phis Agrccrnent may be executed in a nunibcr 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 titan one such counterpart executed by the party to be charged.
SC - 16. Permits:
The DEVELOPER shall be responsible for obtaining all construction and operating periniv; required
for the construction, delivery, use and monitoring of die water distributed and wastewater collected from
the subject property. If, through no fault of the parties involved, any federal, state or local goverrnncnt or
agency (excluding die COUNTY) fail to issue necessary permits, grant necessary approvals, or require a
material change hi the system, then to the extent necessary and if possible, die parties agree to negotiate an
amendment to the Agreement to reflect die 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 sl.all have no further obligations to the other.
The DEVELOPER shall comply with rtwonablc request by die COUNTY concerning on-site
operations and mainicntu.co including but not limited to all FDEP regulations relating to bacteriological and
hydrostatic testing, cross connection control, color -coding of water and wastewater equipment.
SC - 17. Recording ofAarccrr.ent:
'I'l.c Agreement sl.all be recorded in die public records of Indian River County. The obligations defined
in this Agreement shall be a condition, etihich shall run with the land and shall bind sub,; que t owners of
the property for the term of this Agreement.
SC - I f3. Severability 1 Invalid Provision:
If any provision of the Agrewrnent is held to be illegal, invalid or unenforceable under present or fixture
laws, such provision shall be fully severable; this Agre cn.cnt shall be construed and enforced as if such
illegal, invalid or une.forumblc provision had never comprised a pari of this Agre mcnt, and the resntininb
provisions of this Agreement shall remain in full force; and effect and shall not he affect"] by such ilLgal,
invalid, or unenforceable provision or by its severmtec from this Agreement. W
SC - 19. 'I'crm: t
ly.o tarn of dais Agreement is five 5 cars. Unless otherwise authorized in writing this Agreement f
sl.all nut be renewed automatically for successive temps at the expiration. of any preceding tern.. The
Terms of this Agreement shall run concurrently with FDEP Permit to Construction and with die County's r
Utility Construction Permit whichever is less but shall be: not inure thatt tiveA:5_'-Acus froni the date of Co
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issuance.
SC - 20. time of Essenco:
Time is of the essence of this Agrw;incait; however, if the feud [fate of any period which is set out in
any provision of thus Agreement falls on a Saturday, Sunday or legal holiday under the laws of the United
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States or the State of Florida, then, in such event, the time of such period shalt/ be extended to the 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 terns and conditions above stated on day and year first above written,
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A�iI
Wi ess {tot required with corporate seal)
d�7 m T
Printod Name r`1
(not r4iroTwith corporate seal)
Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
DEVELO: S astian Charter Junior High Inc.
I3y:
// (signature)
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Printed Name and Tide
The foregoing instrument was acknowledged before me this 19th day of June_ 2000, by
Ken Mncknwi t7 T,as the agent or representative forSebasti an Charter Junior Hi gl#, Inc.
FLORIDA CORPORATION. He or she is personally known to me X+XiXX1MXYfkMt1GiL, X
as identification.
fes: Kirnbetly E. Mossung Notary Ptkblic
!, i MY COMMISSION # CU55436 FXKRES
ts. f TuN 55, 20us
INC Name: Kimberly E. Massung
Commission Number: CC855436
Commission Expiration: July 15, 2003
(Notary Stamp)
County Attorney
Approved as to Fonn and Legal 'Sufficiency
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�E-Chndler
Administrator
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ATTEST: BOARD OF COUNTY COMMISSIONERS OF
Jeffery K. Barton, Clerk of Circuit Court INDIAN RIVER COUNTY, FLORIDA
BY:
Deputy
Caroline D. Ginn
Vice Chairman
STATE or FIIORIE)A.-*
COUNTY 0F'' �� CR.
Chairman, is Chairman of the Board of COUNTY
r AVice Vice
Before Mb personally alp) MP I�A
Commissioners, an^TRICIA M. RIDGE�Xs Deputy Clerk, to me well known instrument, and they
acknowledge before me they executed same.
Witness my hand and official seals this 20th day of
Kimberly E Mossung
MY COMMISSION 0 CCOS54% WIRES
IV
June 12000.
t�L"' [ A&'�
Notary PubU fJ
Name: Kimberly E. Massung
Commission Number: CS,855_4,U__
Commission Expiration: 07-15-2003
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JUN -13--00 10-07 HM FOWL -CR 561 552 0968 P.02
EXHIBIT A
LEGAL DESCRIPTION AND FLAT
NORTH COUNTY CHARTER 541400L NSCRIPTION
Commence at the intersection of the South line of the Northeast Quarter
of Section 13, Township 31 South, Range 38 East, Indian River County,
Florida and the Northerly extension of the centerline of Wave Street, as
shown on the plot of Sebastian Highlands, Unit 6, according to the plat
thereof, as recorded in Plat Book 5, page 97, of the Public Records of Indian
River County, Florida, thence South 89042'34" West, along said South line,
34.02 feet to the Point of Beginning. From the Paint of Beginning continue
South 89"42'34" West, 383.90 feet; thence North 001510" West, 249.67
feet; thence North 89,42'34" East, parallel with aforesaid South line,
377.40 feet to a point on a curve concave Easterly having a radius of 226
feet and through which a radial line bears South 81Q19'45" East; thence run
Southerly 35.04 feet along the arc of said curve, through a central angle of
8°55'25": thence South 00015'14" East, 167.64 feet to a point of curvature
of a curve concave Easterly and having a radius of 125 feet. thence run
.-Southerly 38,66 feet along the arc of said curve, through a central angle of
22°08'52" to the point of beginning. Containing 2.15 acres, more or less.
Prepared By; Names A. Fowler, PSM, PA
Florida Certificate No. 3435
Date Prepared, 616/00
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JUfi-13-4 10:08 AM F014LER 561 562 0963 F.03
EXHIBIT A
LEGAL DESCRIPTION AND PI.,AT
cowkecavE bEED bESMIPTION FOR WAVE STREET EXTENSION
A strip of land, 50.00 feet in width, lying within the Northeast Quarter of
Section 13, Township 31 South, Range 38 Cast, Indian River County, Florida,
the centerline which is described as followsl
commence at the intersection of the Northerly projection of 'Wave Street
and the North right of way line of the Collier Waterway, all as shown on the
Plat of Sebastian Highlands, Unit 6, according to the plat thereof as
recorded in Plat Book 5, page 97, of the Public Records of Indian River
County, Florida. thence run South 89'42'34" West along said North right of
way, 6.76 feet to the Point of Beginning, and a point on a curve, concave to
the West, having a radius of 144.00 feet, the radius point of which bears
South 67047'59" West; thence Northerly, along the arc of said curve,
through a central angle of 01°27'03", a distance of 2.53 feet: thence North
24"19'03" West, a distance of 4.38 feet, to the point of curvature of a curve
concave to the Cast, having a radius of MOM feet; thence Northerly, along
the arc of sold curve, through a central angle of 24"03'53", a distance of a
curve, concave to the East, having a radius of 200.(34 feet; thence
Northerly, along the are of said curve, through a central angle of 18"2547",
a distance of 64.33 feet: thence North 18"10'37" East, a distance of 62,05
feet, more or less to the Southerly right of way line of Fleming street, as
shown on the plat of Chesser Gap, P.U.O., as recorded in Plat Book 13, page
76, of the Public Records of Indian River County, Florida.
Prepared by .Tames A. FowlerPSM,PA
Florida Certificate No. 3435