HomeMy WebLinkAbout2000-3484
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AGREEMENT tM 111E RECORD@ Of
BETWEEN JIFFREY K. bA@TOM
CLERK cmcurrcouff
INDIAN RIVER COUNTY, FLORIDA MIDMNRLVIRM.FM
AND
COALITION FOR THE HOMELESS OF INDIAN RIVER COUNTY, INC,
FOR THE CONSTRUCTION OF OFF-SITE UTILITIES
THIS AGREEMENT by and between INDIAN RIVER COUNTY, a paiitical subdivision
of the State of Florida, the address of which is 1840 25th Street, Vero Beach, Florida
32960 (hereinafter the "COUNTY") and COALITION FOR THE HOMELESS OF INDIAN
RIVER COUNTY, INC., a Florida not for profit corporation, the address of which is 2686
U.S. Highway #1 Vero Beach, FL 32 60, (hereinafter the "DEVELOPER") is effective upon
execution by the second of the two parties.
WHEREAS, the DEVELOPER, has been requested at the expense of the COUNTY to
install a force mains along Dixie Highway, south from 4" Street to the South Relief Canal,
thence east along the canal bank to the existing point of connection, adjacent to the
FECRW, more particularly shown in 'Exhibit "A'; and
WHEREAS, pursuant to Section 918.05, The Code of Indian River County (Ordinance
90-16, as amended), the COUNTY. requires the DEVELOPER to provide the utility
improvements to serve the regional area, and agrees to reimburse the DEVELOPER, as
provided herein, for the cost of providing these off-site utilities.
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein
and other good and valuable consideration, the COUNTY and DEVELOPER agree as
follows:
1. OFF-SITE UTILITIES:
The DEVELOPER shall construct the necessary off-site utilities described herein as
directed by the Indian River County utilities Department. The COUNTY shall reimburse
the DEVELOPER for furnishing and installing the following off-site force main as outlined
below:
A. 6 -inch Diameter Force Main along Dixie Hwy. from 4' Street to the South'Relief
Canal:
The DEVELOPER shall furnish and install a 6 -inch diameter force main along Dixie Hwy.
from the north side of 41h Street, south to the southerly right of way of the South Relief
Canal, for a distance of approximately 1,645 linear feet, thence connecting to a proposed
10 -inch diameter force main to be located in the South Relief Canal right of way. A sketch
of the proposed improvement is depicted in Exhibit "A.°
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B. 10 -inch Diameter Force Main alon the South Relief Canal::
The DEVELOPER shall furnish and install a 10 -inch diameter force main along the
south right of way of the South Relief Canal, from Dixie Hwy. East, for a distance
of approximately 1,180 linear feet, to an existing point of connection adjacent to the
FECRW right of way. A sketch of the proposed improvement is also depicted in
Exhibit "A."
Reimbursement: Upon payment of capacity charges, the COUNTY shall provide for
100% of the above project costs, with immediate reimbursement to 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.
Reimbursement shall be in the form of check from the COUNTY, and shall not
exceed the amount of $136,433,00 (see attached Exhibit B).
C. 4 -inch Diameter Force Main alon 4"' Street:
The DEVELOPER shall furnish and install a 4 -inch diameter force main from Old
Dixie Hwy. East alone 41" Street to the east property line of the subject project for
a distance of approximately 335 linear feet. A sketch of the proposed improvement
is depicted in Exhibit "A."
'Reimbursement: The COUNTY shall reimburse the DEVELOPER pursuant to the
provisions of Section 261.11 of The Code of Indian River County for funds advanced by
DEVELOPER to construct facilities in accordance with the COUNTY's Master Pian, less
the cost of the DEVELOPER's front footage line extension fees. The funds to reimburse
the DEVELOPER shall come from the connection charges of other properties, which use
the constructed lines and facilities, based on their share of the hydraulic capacity used.
The obligation of the COUNTY to make reimbursement to DEVELOPER shall expire five
years from the date of the Agreement.
2. Amendment:
This Agreement may be modified only by a written instrument executed by all parties to the
Agreement.
3. Assggnabili
Either party may assign this Agreement. However, the rights granted herein shall run with
the land and are not 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. Neither the DEVELOPER nor the assignee shali
have the right to transfer these rights to another property unless this Agreement is
amended in writing.
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4. Auth ri
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
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provisions hereof are valid, binding obligations and are enforceable in accordance with
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their terms.
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I Bidding and Award:
Bid proposals and engineering costs related to the work described herein shall be subject
to approval by the Indian River County Department of Utility Services. The DEVELOPER
shall submit to the Department of Utility Services for review at least three (3) bid estimates
from licensed and qualified utility contractors. The term "qualified" shall be as determined
by the COUNTY. The COUNTY's reimbursement of construction costs to the
DEVELOPER shall be conditioned upon the Utility Services Department's approval of
project costs, The DEVELOPER shall not commence work unless the Utility Services
Department provides written approval of the final construction cost, The COUNTY may
require redesign and/or re -bid if,, in the COUNTY's sole discretion, project costs
significantly exceed those contained in Exhibit 'B."
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.
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 (EDEP). The
DEVELOPER shall not commence construction until all permits are approved and
obtained.
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.
9. Developer's Obligations:
The DEVELOPER shall prepare at its own expense, plans, specifications, Agreement,
advertisement, general conditions, hereinafter referred to as the "contract documents", for
the lines and facilities necessary to deliver the water and wastewater utilities from the
COUNTY'S facilities. All plans and specification shall be subject to the COUNTY's
approval prior to the DEVELOPER's application. 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, hydrants, meters,
and associated appurtenances) whether designed, permitted or constructed by the
DEVELOPER or the COUNTY,
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 water by the DEVELOPER is prohibited.
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Tho DEVELOPER may not transfer or sell water or wastewater capacity to any party for
use off-site of the property.
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 private right-of-way including, but not limited to, water lines,
services, laterals, manholes, meters, lift station, sewer, remote monitoring and related
utility structures.
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 the off-site facilities together with an interest in land, as may be required by the
COUNTY, to the COUNTY. The conveyance shall include any of the following documents
as may be required by the COUNTY, 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)
11. e=ntire 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.
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, Florida, or, in the event of federal
jurisdiction, the United States. District Court for the Southern District of Florida. 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.
13. Insurance and Indemnification:
The'I]EVELOPER shall ensure that, at least ten (10) days prior to the commencement of
any work, the selected contractor and any subcontractor provides to the COUNTY a
certificate of commercial general liability insurance with a reputable insurance company
subject to approval by the COUNTY's lisle manager in an amount not less than $3,000,000
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combined single limit for bodily injury and property damage in accordance with the,
COUNTY's Administrative Policy Manual. The DEVELOPER shall ensure that, at least ten
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(10) days prior to the commencement of any work the selected contractor and any
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subcontractor provides to the COUNTY a certificate of business auto liability insurance with
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a reputable insurance company subject to approval by the COUNTY's risk manager in an
amount not less than $3,000,000 per occurrence combined single limit for bodily injury and
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damage in accordance with the COUNTY's Administrative Policy Manual. The
commercial general liability and auto liability insurance policies shall name Indian River
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County, a political subdivision of the Mate of Florida, as an additional insured. In addition,
the DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of
any work the selected contractor and any subcontractor provides to the COUNTY a
certificate of worker's compensation insurance with a limit of $100,000 for each accident,
$500,000 disease (poliry limit) and $100,000 disease (each employee) in accordance with
the COUNTY's Administrative Policy Manual. The DEVELOPER shall provide to the
COUNTY at least thirty (30) days' written notice by registered mail, return receipt
requested, addressed to the COUNTY's risk manager, prior to cancellation or modification
of any required insurance.
14. Payment and Performance Band:
The DEVELOPER agrees to have furnished by the contractor to the COUNTY a payment
bond for 100% of the total amount of the off-site utility bid and a performance bond for
125% of the off-site utility 'bid as security for the faithful performance of ail of the
contractor's obligations under the contract documents.
15. Maintenance Sand
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, subject
to the COUNTY's approval, and drawn on a reputable financial institution located with fifty
(50) miles of Vero Beach, Florida, for a period of one-year after the COUNTY's acceptance
of the improvements. The value of the Maintenance Bond shall be twenty-five percent
(25%) of the total construction value of the utility improvements.
16, Multiple Counterpart
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.
17. 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 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) fails to issue
necessary permits, or fails to grant necessary approvals, or requires 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 the COUNTY
determines that it is 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 each other.
The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-
site operations and maintenance including but not limited to all FOEP regulations relating
to bacteriological and hydrostatic testing, crass connection control, monitoring, color -coding
of water and wastewater equipment.
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18.Recording of Agreement:
The Agreement shall be recorded in the official records of Indian River County. The
obligations defined in this Agreement shall run with the land and shall bind subsequent
owners of the property for the term of this Agreement.
19.Seyerability / 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 shalt/
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.
2t}. Term:
The term of this Agreement is five (5) years. Unless otherwise agreed to by the parties in
writing, this Agreement shall not be renewed automatically for successive terms.
Notwithstanding the foregoing, this Agreement shall be coterminous with FDEP Permit for
construction or with the County's Utility Construction Permit, whichever provides a shorter
time period, but shall be not more than five (5) years from the date of issuance. The
County may terminate this Agreement early in its sole discretion if it determines that the
development project intended to be served by the improvements is suspended or
discontinued.
21.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 fails on a Saturday, Sunday or legal holiday
under the laws of 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 the DEVELOPER have accepted, made,
and executed this Agreement as follows:
COALITION FOR THE HOMELESS OF INDIAN
RIVER COUNTY, INC.
Witness Signature
By:
h14�1+('yl} 12 �Ul� 1 printed name1 .ie1t`i rX Y/��u 11�e l
Witness Printed Name
Title: (President or Vtce Presiderl1)7Pf!e r+d ,e" f -
,/ �.t+s� Date:
Witness Sig atu
Witness P ' ted Name
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STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Thv_ ore Ding ii
'was aricnowledg before me this 1rr�L' day of �2000,
by _ t as of the COALITION FOR THE
NOM LE SOF 1NDiAN RIVER COUNTY, INC., a Florida not for profit corporation, on behalf of
sante. He is personally known to me or who has produced (-j uIi j 6 jig, -114e, as identification.
Notary PubV
1n1'•• NoncyH.Ivlossoli
Name:= MY COhiMkssI01JICC795825 El(PREs
Commission a
Expiration Date - ! - IAN TRO 2A SOUS
=.h•..n ,• L7N[1Fi1 SIQI1 iR0YfA9i N'dJ11HCC IHG
ATTEST:
Clerk of'C'rca urt
pAT'RIGIA lUr��i�'-� . I
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Fran B. Adams, Chairman
Date November 21- 2000
Before me personally appeared Fran B. Adams, as Chairman of the Board of County
Commissioners, and Patricia M. Rid el , as Deputy Clerk, for J. K. Barton, to me
well known to be the persons who executed this instrument and they acknowledge before me they
executed same on behalf of said Board.
Witness my hared and official seal this 9 si day of Nave Qjlbar--, 2�fla
Notary Put&
Name: Kimberly E. Massu
rig Iim
commission I{� � � "- l�c,N E.Masson 9
IAYeommissim Y CCO55436 Ex91RES
Expiration [late u yy 1 39H Is 2003
S"1) 1HRU TROY I k -N N L'RANC[ INC
Paul G. Banyel Q James E. Chan er
County AttomBy County Administrator
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