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HomeMy WebLinkAbout2000-246I [ AN AGREEMENT (DEVELOPER'S AGREEMENT) ~ BETWEEN INDIAN RIVER COUNTY, FLORIDA AND ORANGE ISLAND, LLC FOR THE CONSTRUCTION OF OFF-SITE UTILITIES To SERVE THE 45"s STREET DESIGN CENTER AND SURROUNDING COMMERCIAL CORRIDOR T141S AGREEMENT made this 1 st day of La st , 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 ORANGE ISLAND, LLC, Vero Beach, Florida ddi 32963 (herchiafter the DEVELOPER). WITNESSETH: WHEREAS, the DEVELOPER, in conjunction with the construction improvements at ORANGE ISLAND. LLC is providing wastewater facilities to serve the subject property (see Exhibit A), and WHEREAS, the COUNTY, has required the DEVELOPER to oversize and install a force main to provide utility improvements to serve th G regional area (45'" Street commercial corridor) and has agreed to reimburse the DEVELOPER for the cost of providing these off-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 UTILITIES: The DEVELOPER. shall construct the necessary off-site utilities described herein, per the Indian River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for aver -sizing of the off- site utilities as outlined below: A. 8 -inch Diameter Sanita Force Main along 45'" Street from Old Dixie Highway to a Location Approximately 703 ft East of the East Rig_bt-of-Way Line of U.S. Hi - way 111: The DEVELOPER shall furnish and install a 8 -inch PVC force main along the south side of 45"' Street from an existing force main on Old Dixie Highway to a location approximately 703 ft cast of the east right-of-way line of U.S. Highway #1 (NE comer of the DEVELOPER's property). The estimated length of the proposed force main is approximately 1,250+/- lineal feet, Reimbursement shall be in tate form of a check for the COUN'T'Y, and shall not exceed the amount of 55� 133.9i. (sec attached Exhibit 13). The DEVEL.OPER's share of the cost shall include a line extension fee in the amount of $15.77 per foot of property frontage of the proposed (force main and an additional amount of $11,100, which represents the estimated cost for the DEVELOPER to connect to a nearby existing gravity sewer system (see Exhibit Q. 'rho DEVELOPER'S fee for this portion is tabulated below: Dcyeiupx- 's ALIft-owl •iSd�$SI r'4 13 aip Otnla Paget or6 P.+AI 'U'nCf[Y•rNG[NErAtNt?Pioras•vakiycmwrmPamiWMAhStrftl1X yiCrn1au1155e Q#�Cmw,lkrnlkj .A4K—gar 40 CI 40 4.511, street Frontage Cost per Front Footage $1 ft. Developer's Cast Linc Extension Developer's Cost Additional Amount Developer's Cost Total Amount 417 ft $15.771 1 $6,576,09 $11,100.00 1 $17,676.09 SC - 2. Amendment: This agreement may be modified only by a written instrument executed by all parties to the agreement. SC - 3. Assignability: Either party may assign this Agreement, however, the rights granted herein shall run with the ],and 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 the right to transfer these rights to another property toilers this Agreement is amended in writing by die 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 arc valid, binding obligations and are enforceable in accordance with their terms. SC - 5. Bidding and Award The Indian River County Department of Utility Scrviccs 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 fire 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 contained 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 Documents The DEVELOPER agrcus 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 - H. Definition All pronouns shall be deemed to refer to the masculine, feta ninc, or neuter, singular or plural, as the identity of the part), or parties may require. SC 9, DEVELOPER's Obligations: The DEVELOPER shall prepare at its own expense, plaris, specifications, agreement, advertisement, general conditions, hereinafter referred 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 prior to submittal to the permitting agencies must approve all plans and specifications. The DEVELOPER shall be responsible for all costs associated with the design, permitting and construction of the offsite facilities (which includes but is not limited to transmission lines, valves, fittings, and associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the COUNTY. Mvchar's Agre:mait -0S1' $u eel MW V Cmicr Pugs 2 urb F 4Mhoss UnLffY-P;GNEEfUNGP1®jells-V*v C�bh P—r.-41ih 5tw Fks4p C.WA%h SagalkaW�C.Mo• tknkpce Ao—.Udw i 4W r 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 COUNT' review and approval. Tltc 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 water is prohibited. The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use offsite of tate property. SC - 10. COUNTY's ObhEations: The COUNTY shall be responsible for obtaining all construction and operating permits required for the construction, delivm, use and monitoring of the water distributed to and wastewater collected from 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, the parties agree to negotiate an amendment to the Agreement to reflect the chantc 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 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 and wastewater equipment. SC - I l._ Conveyance of Facilities: After the COUNTY'S final inspection of the off-site water and wastewater facilities for conformance with the approved plans and specifications, the DEVELOPER shall convey all dic offirite facilities to the COUNTY. The conveyance may include, any of the 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 - 12. 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 sot forth herein. $C - 13. Governing Law & Jurisdiction: This Agreement sltall be governed by the laws of the State of Florida and the laws of We United, States pertaining to transactions in such State and al] actions arising out of this Agreement shall be brought in Indian River COUNTY. All of the 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. tkvetuper's'%W' rs 1t 4PSvc i D sign Cenia Page 3 ur6 F.+LWfma' VnLf1Y•£f.Yil!7E£RltihRoh�u-L1daY com" m P=LuWWh SVM Dew Cood4* Stint Mmp Cmw • Dndoom Ad�—mt d� 40 QW 40 SC - 14. 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 [fiver Count), shall be named as an additional insured and the Developer shall provide an original certificate of insurance to the COUNTY. SC - 15. Maintenance Bond: The DE'V'ELOPER 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 tlic Maintenance Bond shall be twenty-five percent (25%) of the total construction value of the utility improvements. SC - 16. Multivlc Counterparts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (f) 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. 5C - 17 Rt;cording 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 the land and shall bind subsequent owners of the property for the term of this. Agreement. SC -1 . Severability f Invalid Provision: If any provision of the Agreement is hold to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be cot stnicd and 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 Agreement. SC - 19. Term: The term of this Agreement is five 5 ears. Unless otherwise authorized in writing this Agreement shall be not be renewed automatically for successive terms at the expiration of any preceding tenn. The Terms of this Agreement shall run concurrently with FDEP Permit to Construct and with the County's Utility Construction Permit whichever is less but shall be not more titan five 5) -years front the date of issuance. SC - 20. 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 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. Page4 ur6 F1411�rs't7nLrrY•EuiPiEERftiCPrupri•eWuY'C'eRtrwLttl pe[tta11'kVh 9neet cmt&Al4h Sacs NqrCaoa- Iksebpm. AP1%rrww&c Dadeper's %VCM=1 .i 51Stw4 M%igri Center "1 0 - 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: AN 1S1 D, LLC By: Witness (not required with corporate seal) (signature) kIfXX Printed Name tines. (not requi,e with rA rate seal) Karen A. Siegel Printed Nance STATE OF FLORIDA COUNTY OF INDIAN RIVER Rod Mickley, Manager Panted Name and Title The foreggoing instrument was acknowledged before me this 17th day of July 2000, by, Rod Mickley•• who is personally known to me or who has produced as identification. Notary Public 9VP,,.fW'y'K'=1"0ttm1-0 RALPH L. EVAN5 My Ceram Fap. 5f4r"3 576 . (Notary Stamp) County Attorney Approved as to Form and Legal Sufficiency es 7M. Chandler County Administrator Name: __RalRh Commission Number: 805176 Commission Expiration: 51412003 Page 5 d6 C.R4 MFloniw patCUtxe4SlhSYMD pCmx —A 4M Saes r>VC -f]-OV—At—a- Do t1tV 's Ag[eemmnt A S' Street Dceign Ctnter nr ATTFST: Jeffery K. Barton, Clerk of Circuit Court Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RI'V'ER GUARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By:r'} Fran B. Adams, Chairman Before me personally appeared 'Fran 1 amen Chairman, as Chairman of the Board of COUNTY �!�' its Deputy Clerk, to me well known instrument, and they CpnmIn1S5i0ner5, and'ATRfCIA acknowledge before me they executed Same. Witness my hand and official seals this 1st clay of , 200Q. Notary 1'ublrc ,qt111" 1imberVE.MllMN Name: Kimberly E. Massung +` , MyCOJA ISSI©N RCC85543d F IBES Conunission Number: CC855436 r �£ July 15, 2003 earlD10THW11Rn. W"II85llkhtlCF,IIIC ConnuissionExpiration: fly� l2®03 110.11AN R IVER CO. APPROVED �� VATS, ii u _ IITILI_T IES D1KEC:T )R +� 1 -� IIIJ IJ(: 1:'r Ly _ LEGAL rr'l `- RISK MANAG.:4 -� Fags G of A C,S eaF&aT,ap UEM F"4M swd Dc'V A 4%'b WW 1*0 Cmn• P aDpm DcNvior,cr's Aar—MI 45*15imt Design Ccntcr !? EXHIBIT A LEGAL DESCIUPI'IO1N OF DEVELOPER'S PROPERTY A four -acre square in the Northeast comer of the Northeast '//s or the Northwest'/ of Section 26, Township 32 South, Range 39 East, said land lying and being in Indian River County, Florida; less and except the North 40 feet of the East 70 feet for ditch right-of-way and also less additional right -sof --way for 45`" Street as in Official Record Book 967, Page 65, Public Records of Indian River County, Florida. F'dMne WUJTY•EKGNEERRiWM)Wj-LWq Cw"zW PM04M Merl D.0 CaAamkh 56u1 D-0 Curte- Ekr*Vnf A,Vesrw&c Ueveiopu'e Agwmcetlt 4 5pSirtd Design Cam LI to 40 EXHIBIT -B ESTIMATED COST OF CONSTRUCTING 8-INCII FORCE MAIN FROM OLD DIXIE HIGHWAY, ACROSS US HIGHWAY #1 TO 45"' STREET Item Description Estimated Quantity UrtitI o, Measure Unit Price Total Price I. Mobilization I L.S. $1,500.00 $1,500.00 21 Maintenance of Traffic I L.S. $1,500.00 $1,500,00 3. Clearing I L.& $2,000,00 $2,000.00 4. 6" Wet Tap I F- t. S2,000.00 $2,000.00 5. 8" PVC / 8" HDPE 1150 L.F. $20.00 $23,000.00 6. 8" D.I.P. 100 L F. $26.00 $2,600.00 7. 8" Directional Bore too L.F. $85.00 $8,500.00 7. MJ Fittings i L.S. $5,000.00 $5,000.00 & MJGV wfBox & Con. Pad 5 Ea. $ L,200,00 $6,000.00 9. Open Road Cut I L.S. $4,000.00 $4,000,00 10. 1 Restoration/ Demobilization I L.S. $2,500.00 $2,500.00 Estimated Construction Costs Contingency 0 �LQI/a Eng,incering, Survey & Admin. - Total Est. Project Cost $58,600.00 $5,860.00 $8,350,00 572,810.00 Develoeur's Line Extension Fee I $-6,576.09 Developer's Additional Contribution00.00 (See Exhibit -C) Lf, Developer's Share 517,676.09- I Estimated Count i Share $55,133,91 Flkhiimft'VnLM�tNCIINgtWNfi-Nolmn -OltyC—rc POZM4-456r Star V--VICCOU - Dmkfm Ar—&N lkvd-pa's Agreement 4 36Sbv-d Dign Cmia 40 40 EXHIBIT C ESTIMATED COST OF SEWER CONNECTION TO EXISTING SANITARY MANHOLE ON US HIGHWAY B1 - Item Description Estimated Unit of Quantity Mcasurc Unit Price Total Price 1. Mobilization I L.S. $1000.00 $1000.00 2. Maintenance of Traffic 1 L.S. $500.00 $500.00 3. 2-112" Force Main 620 L.F. $5.00 $3,100.00 4. 1 Fiber lass Line of Ex. Manhole 1 Ea. $3,500.00 1 $3,50 . 5. Core Drill Ex. Manhole 1 Ea. $1,500.00 x+1,500.00 6. Restoration f Demobilization I L.S. $1,500.00 $ 1500.00 Estimated Construction Costs $11,100.00 Develn er's Cost $11,100.001 F.%%titin'VnLr1T"Ev;N'EERNGPM"-WAY Cmrak"M Fanwa'43& Stma DMP CaOWAM SUM D-W17-W-Prwic4 hp�d,e Mwelu¢er's Agreenmd 45'Stred Dk ign Crater 40 EXHIBIT -D PROJECT SKETCli OF IMPROVEMENTS F%XA9-UnLM-ENGINURD10JPo .).U-LUXYC(4UCucum Ytilte4'd5tb SOW rxV�Ce,musm Sweet Dun C.Ma• DndVsir Apasrnnl&, 43'Str"I Mk ipt Canter "451714 STREET DESIGN CENTER' N WI-APROPOSED FORCEMAIN w E S 75DW3,GER4jVT000T 76 t � � y' w� FUTURE OEVELOPEYENT .kfya. t FUTURE FMOPE T ni w.�r { w . ' * ° SITE Fu MOVE DMtOPSURNT r :~ { PAOPGSEDE $ 437H STREET OE31ON CENTER ••� 1 �' Ipp e* { Mb%,*! R[YPRCI0Ul [Y• IAll l?4Wl OF IMMY FERVJCg5 I K74.T31N::tN1.7a [: vt7lii 11F'.ACTl tli]R@1 �aCn .wwavwam�nsea.��.n