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HomeMy WebLinkAbout2000-299• UJ 40 AN AGREEMENT (DEVELOPER'S AGREEMENT) l ! 1 j BETWEEN Q©'oZ`� i INDIAN RIVER COUNTY, FLORIDA AND NANCY T. MOON FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS AGREEMENT made this 3 r d day of 0 c t o b e r , 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 NANCY T. MOON, 11576 Indian River Drive, Sebastian, Florida 32958 (hereinafter the DEVELOPER). WITNESSETH: WHEREAS, the DEVELOPER, has been requested at the expense of the County to install a water main along Indian River Drive, south of the City of Sebastian limits to the intersection of US Highway #1 (see Exhibit -1), 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 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 100% of the cost for furnishing and installing the off-site water main as outlined below: A. 6 -inch Dia. Water Main along Indian River Dr. from Sebastian City Limits to US Highway #1: The DEVELOPER shall furnish and install a 6 -inch water main along Indian River Drive from the City of Sebastian City limits, south to the intersection of US Highway #1 for a distance of approximately 4,200 lineal feet and make connection to existing water utilities located at each end of the proposed water main. A sketch of the proposed improvement is depicted in Exhibit -A. Reimbursement: The COMITY shall provide immediate reimbursement the DEVELOPER based on an itemized invoice of installed materials on a percentage complete basis (less 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. Reimbursements shall be in the form of check from the COUNTY, and shall not exceed the proportionate amount of $222,000. SC - 2. Amendment: Only a written instrument executed by all parties to the agreement may modify this agreement. F. SU5o65.7M'Sad:x+ Ri+a Skip a K'mv, Akin - De.dapo, A�ymax siih Nie, llm� dx Lil J 40 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 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. Authori 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 River 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 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 / 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 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 commencement of construction, all permits must be approved. SC - 8. 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 - 9. DEVELOPER's Obligations: The 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 from the COUNTY'S facilities. The COUNTY prior to submittal to the permitting agencies must approve all plans and specifications. The COUNTY shall be responsible for all costs associated with the design, permitting and construction of the offsite facilities including but is not limited to transmission lines, valves, fittings, hydrants, and associated appurtenances. 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 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: E u0S,0D-73. J.J- IL- D— \4— Man - N-,6,99— Apse --h N—Y M—d- 1 do i L-1 The DEVELOPER shall not be required to obtain utility easements for this project. All construction shall be within the existing right-of-way of Indian River Drive. After the COUNTY'S final inspection of the off-site water 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 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 - 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. `i SC - 12. Governing Law & 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 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 shall 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 supplied by the contractor 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. SC - 15. Multiple Counterparts: 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. 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 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, the 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 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 utilities. E\SWOC17k-W-Ri•. [:.en.Dn kN* AL—1—h N—y'M—dnc. 40 40 4a 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 the land and shall bind subsequent owners of the property for the term of this Agreement. SC - 18. Severability / Invalid Provision: If any provision of the 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 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 two (2) 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 two (2) -years from 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. 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. Witness (not required with corporate seal) 5+e,e- Printed Name iftvs not required wi co r rate seal) Avej Printed Name EiU)M71e 14—K—. lk aW-44.^. LlewkV-ArleaAeal-6KW, M—doe DEVELOPER: Nancy T. Moon 1-�4, I By: ..— - ) (signs re) to _ Printed Name d Title �wY1�Gn s�. BOARD COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA County AttUrney 1 Approved as to Form and Legal Sufficiency aures E. Chandler' County Administrator ATTEST: Jeffery K. Barton, Clerk of Circuit Court B 4- 2 t Deputy Clerk Fran B. Adams, Chairman