HomeMy WebLinkAbout2000-234CA
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AN AGREEMENT (DEVELOPER'S AGREEMENT)
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
SMIGIEL PARTNERS IV. -
FOR
WATER'S EDGE SUBDIVISION
FOR THE CONSTRUCTION OF OFF-SITE UTILITIES
'ITIIIS AGREEMENT made this l" day of , Angus t 2000 by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Strcct, Vero
Beach, Florida 32960 (hereinafter the COUNTY) and SMIGIEL PARTNERS IV LTD, Post Office Box
540623, Lako Worth, Florida 33454-0623 (hereinafter the DEVELOPER).
WITNESSETH:
WHEREAS, the DEVELOPER, in conjunction with the construction improvements at Water's
Edge Subdivision is providing; sower facilities to serve the subject property (sce Exhibit A), and
WHEREAS, the COUNTY, has required the DEVELOPER to provide the utility improvements to
serve the regional arca and has agreed to reimburse the DEVELOPER for the cost of providing these off-
site utilities,
NOW, THEREFORE, for and in consideration of lite promises and other good and valuable
consideration, the COUNTY and DEVELOPER agree to the special conditions (SC) as follows:
SC - I. -OFF-SITE UTILI'T'IES:
The DEVELOPER shall construct tho 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. M ster- latm 8 -inch diameter server farce: main construction:
The DEVELOPER shall furnish and install a 8 -inch sewer force main from the western property
line of the subdivision on 1't Street SW to an existing 4 -inch iorcc main on I" Street, SW for 11.
distance of approximately 3,000 LF. (see Exhibit C)
Reimbursentu)t: no County shall reimburse the DEVELOPER pursuant to the provisions of
Section 201.11, Code of Indian River County, fir funds advanced pv DEVELOPER to construct
facilities in accordance: with the COUNTY'S Master Plaan, less the cost of the DEVELOPER'S
front footage line extension fees as outlined below. The funds to reimburse the DEVELOPER
shall conic from the capital projects budget based oil projected fisttrre payment of capacity charges
at a rate of one-fifth of Ilse total reimbursable amount per yv it (after dedication of the utility to the
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COUNTY) for a period of five years. The first one-fifth payment shall be made -,it die time of the
utility dedication to the COUNTY. Subsequent payments shall be made on the yearly anniversary
of the utility dedication. If the amount of projected capacity charges is not realised, the
reimbursement to DEVELOPER shall be reduced proportionately. Compensation shall be in the
form of a check from tic County --the total of all payments shall not exceed the amount of
$55,924.63 (sec. Exhibit B). The obligation of the COUNTY to make reimbursement to
DEVELOPER shall expire five (5) years from the date of the Agreement. The DEVELOPER'S
share for this portion is tabulated below:
1" Streit SW Total Frontage I Cost per Front Footage $J ft.) Developer Cont
1.506 1 1506 $15.77 $23 74e).62
SC 2. Amendment:
This agreement may be modified only by a wwritten instrument executed by all parties to the agreement.
SC - 3. Assignability;,
Either party may assign this Agreement, however, the rights granted herein shall nun ►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 Clic right to transfer these rights to another property unless this Agreement is
amended in writing by the assignee and the COUNTY to provide oihcrn•ise.
SC - 4. Authoritti
Each party here€o represents and warrants to the other that the execution of this agreement acid any
other documents required or necessary to be executed pursuant to the provisions hereof are valid, bunding
obligations and are enforceable in accordance with their terins.
SC - 5. Bidding and Awand-
The Indian River County Department of Utility Svrvices 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 1 or rc-bid if project costs significantly exceed that contained in
Exhibit B.
SC - 6. Captions:
Captions, if included, in [itis Agreement arc included for convenience only and are not to, be considered
in any construction or interpretation ofthis Agreement or any of its provisions.
SC - 7. Construction Plans Technical Specifications and Contract Documun :
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 t1w masculine, feminine, or neuter, singular or plural, as the
identity of the party or parties may require..
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SC - 9. DEVELOPER's hi ations:
Thic 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 obtain water and deliver wastewater to the COUNTY'S facilities. Tho COUNTY prior to
submittal to the permitting ageneses must approve all plans and specifications. The DEVELOPER shall be
responsible for all costs associated %6th the design., permitting and construction of the offsito facilities
(which includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and associated
appurtenances) whether designed, permitted or constructed by the DEVELOPER or the COUNTY,
The design, pcnnitting, construction, operation and maintenance of all on-site water and wastewater
utilities which is on or solely dedicated to die DEVELOPER's property (including but not limited to water
meter, transmission lines, pumps, valves, storage facilities, etc.) shall be the DEVELOPER's responsibility
and expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review
and approval.
Tho DEVELOPER shall be deemed in possession of the potable water on die DEVELOPER's side of
the water mater, 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. Fascments:
The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastcwator
utilities for the COUNTY to install, maintain, operate and monitor tie water and wastewater utilities,
within the private right-of-way including but not limited to water lines, services, laterals, manholes, meters,
lift station, sewor, remote monitoring., etc.
After the COUNTY'S final inspeetion 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 may include, any of tie following documents as necessary, in a form
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. 14.0)
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. GoverningLaw aw & 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 t}ecly in the negotiation and
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preparation hereof; accordingly, this Agreement shall not be more strictly construed against any one of the
parties hereto.
S - 13, Insurwim
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
Countv shall be named as an additional insured and the Developer shall provide an original certificate of
insurance to the COUNTY.
SC - ld. Maintenan Band
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%)
of the total construction value of the utility improvements.
5C 15. Multiple Counti arts:
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 - 16. Perrmits:
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 Fedora], 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 acid if possible, the parties agree to negotiate in
amendment to the Agreement to reflect the change in condition. If it becomes impossible or impracticable
to perfonn 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 olid wastewater equipment.
SC - 17. Recording of Agr ement:
The Agrwncnt shall be recorded in the public records of hidian River County. The obligations defined
in this Agreement shall be a condition, which shall run with the land and shall bind subsequent ow7iers of
the property for the term of this Agreement.
SC - 18. Seyerabillt / Inglid Provision:
if any provision of the Agreement is held to be illegal, invalid or imcnforccablc 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 lead 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.
C - 19. Term:
Pap a A,rr,
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No: MY WG1EL Fax 1•561.43601 ? Phme: 5 14430 k. RANDY L. i405BY
Sent be1W
Dale 9 1 M Ime:1014112k
The term of this A errtent >9 Frye 5 ra. Unless otherwise nuthorlWd in writing this AF—Atrt
Shall be not be rene;%W autamatica4y for successive terms at the expiration of nay preceding term. The
Terms of this Agteetnent shall run coneurrently with FDEP Porinit to Coustmetion and with the County's
utility Construction Permit whiellever is less but shad be not tmlre than five 5 - % from the date of
iasuastee•
Tinted1ESW
Time is of the wence of ibis AgreAttent: however, if the final date of any paned which is bet ad in
aoy provision of this A.greearscnt falts on a Saturday, Sunda} or legal holiday un&T tilte laws of the United
Stat,or the State ofFlarida. then, io such event, the Nme ofsuch period shall be extended to She next day
which is not a Saturday, Sunday or legal holiday.
IN WITNESS 'WHEREOF, the COUNTY and DEVELOPPR LAC accepted, made and exceuled this
Agrecinent upon the terms and conditions above stated on day and year first above written.
DEVELOPER:
v
4l' ess (Signature)
Priated NAM
(signatu e)
Mitod Name
SMlGIEL PAR'T'NERS fY LTD.
By. Gari; Stttlgiel, G.C., a Florida Limited
T,iability Company, Gcrtcrai Paster
By:
4A,s,4C
l,, president
ct.y S M'? I__
xed Name and Title
STATE OF FLORIDA
COUNTY OF I&fF}r`� 1Ct►1f�'
The foregoing instrument wits acknowledged before rao ibis 2�2� day of 2000, by
Gary 5migiel, president of Gal y Srnigiid, L. C., A Florida limited liability contpatty, the General Partner of
Smigiel IV Ltd, a Florida limited partnership, on behalf of the partnMl ip. He is personalty kno_ %m tome
or producedas identification.
5ignatt a of Person taking acl-nowiedlement
(Notarial Stamp) idotary Public, State of orida
Printed narne: 3 f
Cr+mmrsstan No. C ' " G
Comrnission Expiration -
Page 5 of 6
From: G.4ftY SRO Fax 1-5614068-36511 Roe: 561•968-N606 T0: #ANDY L MOSBY ke 31 U2000 Tme: 10 01211
Sent btjIV ngy-38-30 oszssan Fran 561771)15vci56:96036el
County Attorney
Approved as to Form and Legal Suflicimcy
aEc
llandier
d'.dministrator
ATTEST:
.Fef m K. Barton, Clerk or Circuit Court
Fly:
Deputy Clerk
BOARD OF COUNTY COMM1S5 OVERS OF
INDIAN RIVER COUNTY, FLORIDA
B}'s J
Frail 3. Adams, Chas man
BCC Approved: August 1, 2000
Page 8 4f 11
raga 7,10
STATE oF, rLORIDA
COUNTY OF WDIAN RIVER
Before me personally appeared Fran B. Adams, as Chairman of the Board of COUNTY Commissioners,
and _ as Deputy C1erk, to the well known instrument, and they acknowledged before
me they executed same.
Witness my hand and official seats this � ��� day or ���+ �, 2aaa•
m ilii Kimberly E Mossung Notary Public 0
a
MYCOMMIs51DN A CCM436 WKS r
rorktuyu.11111.111I'l.00.INC
Naw: �j� rn�lefJS� 1}�a
Commission Nltmber.
Connuission Expiration: f . ,s C..3.
(Notary stamp)
INDIAN RIVER CO. 'APPROVED
DATE
UTILITIESl
DIRECTOR
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RISK Nf.ANAC. R
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EXHIBIT A
LEGAL DESCRIPTION AND PLAT
The west 20 acres of Tract 2 (kas the west S0 fact, also kyr the south 115 feet; alsa the narth 30
feet); all of Tract 3 (less the south 125 feet mi canal, and also less the norib 30 ktt); all In Section 22,
Township 33 Soutb, Range 39 East, according to tho last general plat of Indian River Fume
Company Wed in the office of the Clerk of the Circa Cowl of St. Lucie County=, Florida in Plat
Back 2, Page 25, said land now lying anti being in Iadian River County, Florida. I" and except
that }cart of Tract 3 deeded to Tbomm Nfark Ddkrman and Cynthia Lynn Miterman, his wife, as
recorded in Offidal Record Bonk 798, Page 2978, publle records of Indian River County, Florida_
(Containing 47.647 sews more or fess).
Tax I.D. No. 22 33 39 000OI 4030 00001.0
1506 L` 8" F.M. 1504 LF 8' F.M.
GARTER RD. — 1s! ST S.W
iC•anc na-a
SOUTH RELIEF CANAL
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EXHIBIT B
PROJECT COST ESTIMATE
ESTIMATED COST OF IMPROVEMENT'S:
Item
F'�UyYr'1JnUlY.'$Nc71'KSEiRlkf7'Avj�ca.
Description
Estimated
uanp '
Unit of Measure.
Unit Price
Total Price
1
8 -inch Force Main
PVC
3,010
LF
12.00
36, l 20.OD
2
8 -inch Plug Valve
3
EA
840.00
2,550.00
3
Aerial Crossing witdi air
Release
l
EA
90,000.0(1
10,000.00
4
Fittings
2
TN
3,500.00
7,000.00
5
Sad
3,010
LF
2.50
7,525.00
Subtotal
$63,195.00
Contingency (p15%
9,479.25
_
Engineering, Surveying &
Administration
7,000.00
Total Improvement Cost
79,674,2,
Estimated Count Share
5592463
Developer's Share
23,749.62
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EXHIBIT C
PROJECT SKETCH OF IMPROVEMENTS
Figure I of 3
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EXHIBIT C
PROJECT SKETCH OF IMPROVEMENTS
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PROJECT SKETCH (]F IMPROVEMENTS
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