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AN AGREEMENT (DEVF.LOPF.R'S AGREEMENT)
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
Danicl Scully
FOR TIIn CONSTRUCTION OF OFF-SITE UTILITIES
—3/0-9
THIS AGREEMENT made this day of -x1- 2000 by and between INDIAN RIVER
COUNTY, a political subdivision of the State of I'lorida, the address of Which is 1840 25th Street, Verb
Beach, I°lorida 32960 (hereinafter Ilse COUN'T'Y) and Daniel Sell llys P.{). E3nx 11 fi5 Itusgi nd I'L. 32957
(hercinaller the D VEI.OI'I'R).
W ITNRSSE`I'I I;
WHEREAS, the DEVELOPER, in conjunction with proposed individual residential homesile
construction improvements on Lots I to 5 Block C Tropicana I loincsites SID, is providing water facilities
to serve the subject property (sec. exhibit A), and
WHEREAS, tire COUNTY, has required the DCVELOPCR to provide the utility improvements to
serve the regional area and has agrecxl to reimburse the DEVI"sI,OPER for the cost of providing these oil'
site utilities,
NOW, THEREFORE, for and in callsidcration of Ilse premises and other good and valuable
consideration, fire COUNTY and DENT I.Opl:R agree to lite special conditions (SC) ns fbIlows:
SC - 1. OFF-SI'l-l's UTuxnES;
The DEVEL.OPiilt shall construct the necessary oil=site utilities described herein, per lite Indian River
Coturty lltiliti(,s 1)epartnient. The COUNTY shall reimburse Ilse DI'VIi,LQPE1t for over -sizing 01' Ilse oil'
site ulilitics as outlined below:
6 -inch Diameter Water Main along North'I"r{a kt rla]_1)rivc-from I.M.I to Pahncti+o Avenue:
The DEVELOPER shall slake c01111Lclioll it) an exis ing to -Incl[ water main located on U.S.I and
furnish and install approximately 675 H°of 6 -inch 1'VC water main €tlorlg the south side of North
Tropicana Drive 11roln U.S.I cast to Palnsetto Avumc (sce sketch - Exhibit 'C'). The construction
Shall include all valves, fittings, fire hydrants and nhiscelLtneaus appurtenances, except Witter
services, which will be instalkA €11 the time it,, applicaliuhl tier water service is made by all
individual lot owner.
'I'hc new water main fronts 395 If of the developer's properly.
Reimbursement: Upon complctiuo of construction, the COUN'rY shall reimburse the
DEVELOPEW based on an itemized invoice of tlhe installed Material air a complete basis. (less
I )cvclolwr's Agr timrM
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10% retainage) Reimbursements shall be in the form of check front lite COUNTY, and shall not
exceed the amount ofj,56.25 correlating to the estimated total cost of design and construction
of the water main $ 2f1.0UO.00 (see Exhibit B), less the Developer's line extension fee of44$ 43.75,
based on $11.25 per foot ol'properly frontage ofthc proposed water line
N. Tropicana Developer's Cent per Front Developer
l]rivc l roma +e 1'ry sxt Frornla *c Ftxna[$1 il.) Cost
675 395 $11.25$4,443.75
Release of retainage shall be irtade at the titrie the above referenced [acilitics are dedicated
to and accepted by the COUNTY.
SC - 2. Amendment:
This agreement may be modified only by a written instrument executed by all parties to the agreement.
SC - 3. Ass i rthili
Either party may assign this Agreement, however, the rights granted herein shall run with the lana and
UC not considered the personal property of the DEVELOPER, Therefore, while the DEVELOPER has the
right under this Agreement to freely transfe r [lie rights and obligations grantccl by [his Agreement, the
assignee shall not have tine 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. Authorit
Each party hereto represents and warrants to lite other that the execution of this agreement and any
other documents required or necessary to tic executed pursuant to the provisions hereof are valid, binding
obligations and are cifforccable in accordance with their terms.
SC - 5. Bidding and Award_
The Indian River County Departmmnt of Utility Services shall review and approve bid proposals and
engineering costs related with the Work described herein. Al least three (3) bid estimates frorn qualified
utility contractors must be submitted to the Department of Utility Services for review. Approval ofproject
costs will be a condition of the Utility Department's reimburscrncrrt for construction. Furthermore, no
work shall coinatcace until the Utility Department provides written approval orthc linal construction cost..
The County may rcxluire rexlesign and / or re -bid it' project costs significantly exceed that contained in
Exhibit E.
SC - 6. Cannons;
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.
5C - 7. Construction Plans Technical S ecif icutions :and C.'ontracl lkwuments
The DEVELOPEIt agrees to complete <a final set of construction drawings and make submission for a
Utilities Construction Permit to the indiari River County Utilities Department and Florida Department of
Environmental Protection (FDEsP). Prior lea construction, itll permits roust be approved.
SC - H. Definition
All pronouns shall be deemed to refer to file masculine, feminine, or neuter, singular or plural, as the
identity of the party or parties only rcxluire.
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SC - 9. DEVELOPER's Obligations:
The DEVELOPER shall prepare at its own expense, pines, specifications, agreement, advertisement,
general conditions, hereinafter referred to as the "contract doclnncnis", for the lines and facilities necessary
to deliver the water utilities from the COUNTY'S facilities. 'file COUNTY prior to submittal to [lie
permitting agencies must approve all plans and SpWifieatioats. The DEVELOPM 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 tile 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 limiled to Water
meter, transmission lines, pinups, valves, storage facilities,) shall be tlae DEVELOPIR's responsibility and
expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review and
approval.
.rhe DEVELOPER shall be drained in possession of the potable water on the DEVELOPER's side of
the water mcter, however the DEVELOPER shall not Etc doomed to own lite water and (lie transfer or sale
of water is prohibited.
The DEVELOPER may not transfer or sell water or wastewater capacity to alily party for use offsite of
the property.
SC 10. Conveya nee of Ut i I i ly facilities:
After the COUNTY'S final inspection of the old site water .and wastewater facilities for conformance
with the approved plans and specifications, the DEVELOPER shall convey all the offsite flcilities to the
COUNTY. The conveyance may "include, any of lite following documents as necessary, to a iiarnu
acceptable to the COUNTY:
a) Bill of Sale
b) t irant% of i:asclments
C) Maintenance Build
d) Record Urnwings ($lard copy and clectrnnie format — AutoCAD rel. 14.0)
SC - H. Full ire Agraxmca1:
This Agreement embodies the entire agreement between the Pardo' relative to the subject matter hereof,
and there is no oral or written ag,recments between the parties, nor any rcprcsclualions made by either party
relative to the subject platter hereof; which are not expressly set bulla herein.
SC - 12. Govcrtink; l.aw & ]urisdictiow,
This Agreement shall be governed by the law$ ol' the State of I-lorida and the laws of the United States-
pertaining
tatespertaining to transactions in such State anti all ac lions arising out of this Abrsx:tnent shall be brought ht
Indian River COUNTY. All of the parties to this agrtemem have participated freely in the negotiation and
preparation lucroof; accordingly, this Agreement shall not be more strictly construed against ;any one of the
parties hereto.
SC 13. Insurance:
1)WELOPER at rus to ensure Lbat the selected Con[raclor for the project provides insurance coverage
in accordance with Indian River County Utilities Department icquiremeols. In addition, Indian River
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County shall be named as an additional insured and the Developer shall provide in original certificate of
insurance to the COUNTY.
SC - 14. Maintenance Bond
Tho DEVELOPER agrees to convey all right, title and interest in ilrc aforementioned utility
improvements to Indian River County, Florida, and provide a Maintenance Bond for a period of ane -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 and wastewater collected to the
subject property. If, through no fault of the parties involved, any federal, state or local government or
agency (excluding time 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 terns of this Agreement because of the above, then this Agreement shall terminate and
the parties shall have no further obligations to the other.
Thu DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site
operations and maintenance including but not limited to all F'DEP regulations relating; to bacteriological and
hydrostatic testing, cross connection control, monitoring, color -coding of mvator and wastewater equipment.
SC - IT Recordinu ofAurccmcnt:
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 ran with the land and shall bind subsequent oivners of
the property for the tern of this AAuru;nient.
SC - 18. Scverabilitv I Invalid provision:
If any provision of the Agrocnicnt 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, mid the remaining
provisions of this Agreement shall remain in full force and ciTect and shall not be affected by such illegal,
invalid, or unenforceable provision or by its severance from this Agreement -
SC - 19. Term:
T The term of this Agreement is five (5) y[ar5. Unless Ot11erA5'i$e authorized in writing t1tIS Agreement
shall not be renewed automatically for successive terms at the expiration of any preceding term. The
Tcrms of this Ag;rccment shall run concurrwntly with PDEP Permit to Construction and witli the County's
Utility Construction Permit whichever is less but shall be not more than five (5) -`'ears from the date of
issuance.
MA'CIUpa", r'Agwall'Rq
Page -146
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SC:. 20. Time or Lsscnce.
Time is of the mcnee or this Agmeinelll, Ihawvever, it, the final date or any period which is set out in
any provision of this Agreement fulls oil a Saturday, Sunday or legal holiday under the laws of the United
States or the State of Florida, then, ill incl+ event, the time ol'such period shall be extended to the next day
which is not n Saturday, Sunday or legal holiday.
IN wrmiSS WHEREOF, OF, the COUNTY and DEVELOPER have accepted, made and executed this
Agreement upon the terms and conditions above stated an day and year first above written,
DEVELOPER;
By:
Witness Sig cur (not required w/ corporate cal) Signature
17an el Set#]_
Name Ni1111e
Witness Signature (not required wJ corporate seal)
44,oil-o ri d//2! /
Name
STA'l'B OF FLORIDA
COUNTY OF INDIAN RIVER
The Foregoing instrument wwas acknow lutlged [let'()- me this —4-- day of t/ _ zim n by
Daniel 5cufly wvbo is personQf knowvo nle or who has produced
identification.
CHARLOTTE A.
BRICH
Notary pubtlC,Stateof Florida
MY Comm. Expires Sept, 22, 2001
Comm. No. CC 6 00 047
(Notary Stamp)
County Atto
Approved as to Form and [.cgal :Sufliciency
J nes. Chandler
Doily Adrninistrator
as
Notary 1°ubl"ac
Name:
Commission Number: haw 10 &064Q_
Cotnnlission Expiration: ",,017 pf, 1
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11,120
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Kn'EST:
Jeffery K. Barton, Clerk of Circuit Court
r
Deptti
Clerk
STATE OT FLORIDA
COUNTY OF INDTAN RIVGR
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
Fran R. Adams, Chairman
BCC Approved: December 5, 2000
Before me personally appearLd Fran R, Adorns, Chairman, as Chairman of the Board of COUNTY
Commissioners, and'ATRICIA "PJ" JCiNI Sas Deputy Clerk, to me well known instrument, and they
acknowledge before ane they executed same. �}
Witness my band find oildicial seals this 6-41 day of 2000.
"µtn 'a ;;_ KGnbeMl E. Massung
,• MyCO MMMON R CC655436 f%PlkES
JUN 14 2003
PONDW h{eurCuwFnx MsuewKf InC
ZEL=
Name:
Commission Number: _
Commission Expiration:
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LEGAL i)1<.SCIiII'T1ON AND PLAT
Lot I less the north loll., lot 3 less elle "0"0' 10 fl, lot 4 less the north 1() ll, Iol 5 less lice lwrtU
10 li and lot 2, Block C''I'ropicttli.s I lo,ttusites Sl ), as recorded in I'latbook 4 11,1ge 20, public
records of, lndian lover County Florida.
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