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HomeMy WebLinkAbout2000-2004W 40 • 40 t .910 (,a /i #41 00 -Loo AN AGREEMENT (DEVELOPER'S AGREEMENT) BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE SUNTREE PARTNERS FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS AGREEMENT made this 26th 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 Beach, Florida 32960 (hereinafter the COUNTY) and THE SUNTREE PARTNERS, P. O. Box 410999. Melbourne, Florida 32941 (hereinafter the DEVELOPER). WITNESSETH: WHEREAS, the DEVELOPER, in conjunction with the construction improvements at CITRUS SPRINGS (see Exhibit A -l) 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 die 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 - I. OFF-SITE UTILITIES: The DEVELOPER shall constnict the necessary' off-site utilities described herein, per tic Indian River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for the off-site utilities as outlined below: I.a. MASTER PLAN I6 -inch Diameter Water Main along 5'I', Street, SW: The DEVELOPER shall construct a 16 -inch diameter water main along 5TH STREET, SW, approximately 5,453 feet in length, connecting to an existing lb" water main in the 43rd Avenue right- of-way at the cast, and connecting to an existing 16" water main on the west side of Kings Highway (58th Avenue) at the %vest. Said water main is a COUNTY MASTER PLAN MAIN, and 1013 -percent of the DEVELOPER'S off site project costs shall be immediately reimbursed by [lie COUNTY. The COUN'T'Y shall reimburse the DEVELOPER based on an itemized invoice of installed materials on a percentage complete basis (loss 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. Reimbursument shall be in the form of check from die COUNTY, and shall not exceed the amount of X488654,00 (sec attached Exhibit C -I). Thu Developer shall pay line extension f= in the amount De%ol"po'+ olsmwn d ciltut Spring+ page n 46 F eAkV('"Vwvt n?.nta(V"m 51,�t" 54a V-W"r Vw Aan A,444 lwu%IWO $K do 40 40 Cl of $11.25 per foot of property fronLtgc of the proposed development. The DEVELOPER's fee for this portion is tabulated below: 5th St., SW 5th St., SW Total Frontage Cost per Front Developer Cost th side Fromagc South side Frontageline-it Feet_ Footage (Ts/ ft.) Rounded)_ nA^I - '')sat I 5.453 i $11.25 $61,346.25 1.b. FORCE MAIN EXTENSIONILOOP -- 6 -inch Force Main alon 5'" Street SW: Furnish and install a 6 -inch force main along 5th Street SW from Kings Highway (5e Ave.) cast to 43"' Avenue. Make connection to a future 6 -inch force main to be located on 43` Avenue. The proposed 6 -inch force main for this DEVELOPMENT shall extend approximately 5,453 +f- lineal feet to 43"' Ave. The DEVELOPER shall make connection to a proposed 6 -inch force main to be constructed along 43m Ave. by another Developer known as Arbor Trace. The DEVELOPER shall construct a 6 -inch diameter force main along 5''' Street SW, approximately 5,453 feet in length, connecting to a future 6 -inch force along 43rd Avenue and connecting to an existing 6 -inch force main on the ~vest side of Icings I'lighrvay (58th Avenue). The COUNTY shall reimburse the DEVELOPER based on an itemized invoice of installed materials on a percentage complete. basis (less 10% retainage) monthly, wilt final payment and release of retainage at the time the above referenced facilities are dedicated to and accepted by the COUNTY. Reimbursement shall be in the form of check from the COUNTY, and shall not exceed the amount of jjgS,506 (see attached Exhibit C-1). The Developer shall pay line extension fees in the amount of $11.25 per foot of property frontage of the proposed development. The DEVELOPER'S Fee for this portion is tabulated below: 1.c. SPECIAL CONSTRUCTI N PROVISION /CONDITION The Developer is relying upon the construction of a server force main along 43"' Ave. Street to be installed by others (Arbor Trace Development, On -Site Management as the Developer). Arbor Trace is currently under construction may not run concurrently with Citrus Springs Development. TherefOre it is agreed that the DEVELOPER install a 6 -inch sewer force main if the 6 -inch force main is clot installed along 43'd Avc• tinder an Arbor Trace Developer's Agreement or its sequel. If die force main along 43''' has not been constructed by Arbor Trace Development, the DEVELOPER shall furnish and install a 6 -inch force main along 43"' Ave. from 51" street SW to Oslo Road. The proposed force main shall extend along 43'4 Avenue to the intersection of Oslo Road for a total of approximately 4,000 +! lineal feet. SC -2. Amendment: 'finis agreement may be modified only by a written instrument executed by all parties to the agrccmcnt. SC - 3. Assignability: Either party may assign this Agreement, however, the rights granted herein shall run with the land and are not considered the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the 1'+ge 2 0 6 r'lW" VnLF -9N RNif:RINQ f ". L14WCc Wm — PWO, CSprrp rw� Spnnp • I.vrab{n Ajit n— Ill" i lux % S+RV'L+ lk �'eloper'S Agretts�c++t C rtm% Cptinp C-1 M • 140 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. Atharity 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 arc valid, binding obligations and are enforecablc in accordance with their terms. SC - 5 Siddine 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 from qualified utility contractors. 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 1 or re -bid if project costs significantly exceed that containers in Exhibit C. SCS 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 T chnical S ecifications and. Contract Documents: The DEVELOPER agrees to complete a final set of constriction drawings and make subnussion for a Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of Environmental Protection (FDEP). Prior to construction, ail permits must be approved. SC - S. 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 - 4 DEVELOPER'SObligations: 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, 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. 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 skater is prohibited, The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use offsite of die property. SC -1 [7 EEascments: 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 private right-of-way including but not limited to water lines, services, laterals, manholes, meters. Lill[ station, sewer, and remote monitorin9. I'm pe ! ur o r. yUJT11 IT1 YtiUItiFCf Yl7 YrM�•foitrr nY rt41res^"ww%F_W �'SKwp b4 Al. rxvcS gxt's A&Tc 1,111 Citrus tiyr,nps C> 40 40 CJ After the COUNTY'S final inspection of the off-site water and wastewater facilities for conformance %vith the approved plants and specifications, the DEVELOPER shall convey all the offsite facilities to the COUNTY. The conveyance shall include, but not be limited to die following documents, in a form acceptable to the COUNTY: a) Bill of Sale b) Grants of Easements c) Maintenance Bond d) Record Drav,*s (hard copy and electronic format — AutoCAD rel. 14-0) S - 1 l . 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 forts herein. SC - 12. Governing Law cos Jurisdiction: This Agreement shall be governed by the laws of the State of Florida and the lacus 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 ttc 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 shalt 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 after acceptance by the COUNTY. The value of the Maintenance Bond shall be twenty-five percent (25%u) of the total construction value of the utility improvements. SC - H. Multiple Countcrpa_rts: Tltis Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement; but in making proof of Otis 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. 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 ccwastcwater collected to the subject property. If, through no fault of the parties involved, any federal, state or local government or agency (excluding rte 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 parucs 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 either. t+xge 4 of 6 r44Y�rLR7YffrES6rvi6ftG1+Ah a l:mfy'n.uuNxnl'm�fnwll"WOV. ~;wale.1414.rnV-4dsuiH.a*,A9Yr ;+evel+ms's .lgrekyrra+l carw spriflp +P 4D ti C� The DEVELOPER shall comply with reasonable roquest by the COUNTY concerning on-site operations and maintenance including but not limited to al FD EP regulations relating to bacteriological and hydrostatic testing, cross connection control, monitoring, color -coding of watcr and wastewater equipment. SC - 17. Recording of Agreement: 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 die land and shall bind subsequent owners of the property for die term of this Agreement. SC - 18. Severability 1 Invalid Provision: If any provision ofthe 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 arid 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 Agrecment. SC - 14. Terni: The term of this Agreement is five (5) years. Unless othorwise authorized in writing this Agreement shall be not be renewed automatically for successive terms at the expiration of any preceding term. The Tarns 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 - 26. Time of Es_s_cnce: 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, tic COUNTY and DEVELOPER have accepted, made and executed this Agreement upon the terms and conditions above stated on day and year first above ww'rittcn. W tress ( retu' el with corporate seal) lam L ti I Tri. 4 fir Printed Name a�Q i. - tness (not required with corporate sea[) ff)) Printed Name m � Florida general D VELOPF.I{��. JUIJ7F E: ' -4i: gqS /par tnership By HPM, ., pai ner 13nixy: (sib c •�c tIN 0. !"in��`�t !ri?Slcleln Printed Mune and Title In(firn Idvtr Appal Dtlt Admin _ r � l°1 / &- Lagnl ^ L7 - i -U 13ucicamti" i4hl utltluer Adak Mgr. Nip 9A6 & d11Y�r tIC[l.rTY•E?N3[Nr$RINIhd7opcM Uoi7 a,'urtlucpinHAW 1Yu *rv.' Rut -1 .4,,", Api-1.0di wd C ilnn Sprinp 0 i 4D 17—A 0 JUN,14.ZN30 9.38AM SLMTREE WATER SIDE N0.628 °.3^3 STATE OF FWRIIMA C®tiNfOF&MIN04UMM BREV RD 11c taping is ww aot was uh wwgw bat" me wst7 dry = by - J4 n D3 H&1etY>C�, FglInj of _ RMH, InG . pc"Ma y latowu to me Xwo"hwho }Cxx2C9t?Cxx xXxxxtMoKwhow, �, � , +v+ rc.re Sh - Notary .Public WIRY Cam�Msson cceasots9 WIRY octets 24, 2001 Mwxy SUMP) Ca Atsamtay Approacd ss to Forst mW LcW Suf dwoy $mcs K CbolsssQ Coady AdwAatit ATTEST: ` Depttt�+ CCeric Nurse: Kellie Shope nrd_ Crsnunsstion Nu>t*a .- C0Mrnission Exviratian: , WINr.�r��►G BOARD OF COUNTY COMMGSSIONERS OF MIAN RIVER COO N7Y, FLORIDA Caroline D. Ginn Vice Chairman STATE OF FLORIDA COUNTY OF RM AN IttVER Caroline D, Ginn, Vice Chairman 8e Mme 1 f 1� of do Bm d o4 COUNTY Cownisaloum,_ awl [� 114" Cierk, 10 m*111 IM" ina>Yvlttrlo� and they � beibm sante, WitMs my iwA &W ofiUW &oaM alis 20th day of June . kimlreily E. Mussunt}Nalivy N" -"OMM.I $ION # CC6554% fXPIkFs 1„11 15, zoos Name: Kimberly E. Massung �rraih Nsu?utct iNc Con duiat Nwnbt CmnmisvicA 8kpit�atM" u y .r, 2003 ���� A�wel Pis b oil C`, I= !^�YNAf!<rtY•if+ar}nuat».�.'�,.•+h�ewr�rw�M �'— �ear�t,�•kwrrwe�.+++6.rft- r,so�ao.a.. • t! 40 = - SCHEDULE OF WATER AND SEWER RATES AND CHARGES Bulk Water Billing Charge— Per Account Per Month S1,29 Base Facility Charge Where Lines are Available - Per ERU 5 6.19 Base Facility Charge Where Capacity is Reserved, But Lines are not Available — Per ERU S3.10 Volume Charge -- lr:r 1,000 gallons Water Meter Basis $2.63 Excess Volume Surcharge -- Greater than 7600 gallons per month — Per ERU" "Surcharge for bulk users will apply to Row exceeding total capacity reserved by bulk user in all melers. $4.45 Bulk Server Billing Charge — Per Account Per Month S 1.24 Base Facility Charge Where Lines are Available -Per ERU $13.41 Base Facility Charge Where Capaeily is Reserved, But Liner are not Available — Per ERU S6.71 Volume Charge— per 1,0110 gallons Water Meter Basis $2.63 Volume Charge — per 1,1]111] gallons Server Meter Basis $2.98 Execs" Volume Surcharge — Greater than 76011 gallons per month — Per ERU* 'Surcharge for bulk users will apply to flow exceeding total capacity reserved by bulk user in all meters. $4.45 Excess Sewage Strength Charge Sewage Charge: X Ratio or Total Bfssolves Solids or Biochemical Oxygen Demand in Milligrams Per liter/251). Excess Sewage Strength Charge Applicable to Customers Required to Use Greaselraps but who have oblained a Variance due to hardship or financial unfeasibilily Sewage Charge " Reclaimed water— tier 1.41011 gallons S0.15 Sludge and Seplage Rales(l)} Charge per 1,000 gallons(a) S30.82 Charge per;set ton(a) S 7.51 Motes: (a) Recommended rates assume domestic sludge with solids Concentration or between .5 and 2.0 percent. (b) Costs incurred by County to sample, monitor and/or test wastes to verify solids concentrations, metals, content, etc. or additional costs incurred to handle or d wpose of wastes with high metal concentrations or other non-domestic waste characlerslics should he recovered from the users direharging the waxics in addition to the above charges hxsed on forutula's available in the Department of Ulility Scrviecs. FNI U 14 F -A I.Who- It PIV.1 NONI1 r.Nk'll iann�I�^p�+gal ,Yigvw•n }k.Ir�N..�ny hn�'a•ra.6.