HomeMy WebLinkAbout2001-021do
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IN THE RECORDS Of ii
i JEFFREY K. BARTON 01-49N
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CLERK CIRCUIT COURT c n
AGREEMENT INDIAN RIVER CO.. FLA. o
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BETWEEN W
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INDIAN RIVER COUNTY, FLORIDA
AND
The COUNTY shall reimburse 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.
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Reimbursement shall be in the form of check from the COUNTY, and shall not exceed the amount of00
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$228.580.16 (see attached Exhibit -B).0
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B. FORCE MAIN EXTENSION/LOOP — 6 -inch Force Main alone 9d' Street SW (Oslo Road):
The DEVELOPER shall construct a 6 -inch force main a!�ro 0 Street SW from 43`d Avenue west to the �
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FOR THE CONSTRUCTION OF OFF-SITE UTILITIES
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THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the State of
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Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY")
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ARBOR TRACE DEVELOPMENT, INC, the address of which is 1999 Pointe West Drive, Vero Beach, Florida
77
32966, (hereinafter the DEVELOPER) is effective upon execution by the second of the two parties.
WHEREAS, the DEVELOPER, in conjunction with the construction improvements at ARBOR TRACE, is
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providing water and wastewater facilities to serve the subject property located at at 43rd Avenue, north of Oslo
Road, and more specifically described 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
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agrees to reimburse the DEVELOPER as provided herein, for the cost of providing these off-site utilities,
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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 over -sizing of the off-site
utilities as outlined below:
A MASTER PLAN 10 -inch Diameter Force Main alone 9" Street. SW (Oslo Road):
The DEVELOPER shall construct a 10 -inch diameter force main along 9TH Street, SW, (Oslo Road)
approximately 4,600 feet in length, connecting to an existing 10 -inch force main approximately 800 feet west
of 270' Avenue. Said force main is a COUNTY MASTER PLAN MAIN, and the COUNTY shall
immediately reimburse 100% of the DEVELOPER'S off site project costs.
The COUNTY shall reimburse 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.
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Reimbursement shall be in the form of check from the COUNTY, and shall not exceed the amount of00
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$228.580.16 (see attached Exhibit -B).0
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B. FORCE MAIN EXTENSION/LOOP — 6 -inch Force Main alone 9d' Street SW (Oslo Road):
The DEVELOPER shall construct a 6 -inch force main a!�ro 0 Street SW from 43`d Avenue west to the �
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western boundary of the Arbor Trace Development. This proposed 6 -inch force main shall extend
approximately 1,233 +/- lineal feel The DEVELOPER shall make connection to the proposed 10 -inch force
main to be constructed along 9a' Street SW (Oslo Road) described in item La. above. Payment for this
portion of 6 -inch force main shall be 100% the responsibility of the DEVELOPER.
C FORCE MAIN EXTENSION/LOOP — 6 -inch Force Main alone 43`d. Avenue:
The DEVELOPER requires a 4 -inch diameter force main to serve their Development and potential
development along 43rd Avenue. The COUNTY has required over -sizing of the force main from 4 -inch
diameter to 6 -inch diameter to serve other Developments along 5d' Street SW. Therefore the DEVELOPER
shall construct a 6 -inch diameter force main, connecting to the 10 -inch force described in item La. above and
running north along 43°' Avenue approximately 2,500 feet from the southeast comer of the Arbor Trace PD
to the south right-of-way line of 5 Street SW. This force main will serve a new Development (Citrus
Springs) currently under construction along Sd' Street SW. Payment for the portion of this 6 -inch force main
north of the entrance to the Arbor Trace Development shall be the responsibility of the COUNTY. Payment
for that portion of the 6 -inch force main south of the entrance to the Arbor Trace PD shall be split with the
DEVELOPER paying 81% and the COUNTY paying 19% based on the County's request for over -sizing.
The COUNTY shall reimburse 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
$20,547.85 (see allachod Exhibit -B).
D Water Line Extension Charges and Fees alone 43`d Avenue:
The Developer shall pay water line extension fees in the amount of $11.25 per foot of property frontage
along the 43rd Avenue corridor. The DEVELOPER'S fee for this portion is tabulated below:
43'd Avenue (west
side onl
Total Frontage Cost per Front
Foota a $/ ft.
Developer Cost
2.500
2500 1 $11.25
1 28,125.00
2. Amendment:
This Agreement may be modified only by a written instrument executed by all parties to the Agreement.
3. Assignability:
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, 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.
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 are valid, binding
obligations and are enforceable in accordance with their terms.
5. Bidding and Award:
Bid proposals and engineering costs related to the work do=^bw herein shall be subject to approval by the
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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 arc 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 (FDEP). 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.
The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use off-site of the
property.
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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 riSht-of-way including, but not limited to, water lines, services, laterals, manholes, meters, lift station,
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sewer, remote monitoring and related utility structures.
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After the COUNTY'S final inspection of the off-site water and wastewater facilities for conformance with
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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. Entire Aezcement
This Agreement embodies the entire agrcement 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 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 commercial general
liability insurance with a reputable insurance company subject to approval by the COUNTY's risk manager
in an amount not less than $3,000,000 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 (10) days prior to the commencement of any work the selected contractor and any subcontractor
provides to the COUNTY a certificate of business auto liability insurance with 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 property damage in accordance with the COUNTY's
Administrative Policy Manual. The professional and general liability and auto liability insurance policies
shall name Indian River County, a political subdivision of the State 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 (policy 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. 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, 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 (251/6) of the total construction value of the utility improvements.
15. Multiple Counterparts'
This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute
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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 terns 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 conceming 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.
17. Recording of Auregment:
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.
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.
19. 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 and 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.
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 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.
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IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this
Agree t as follows:
DEVELO�� Arbor Trac evel ent Inc
ess e By:
Printed name Charles R. Mechling, President
Witness Printed Name
� A , Title: (President' or V'Pres dent): Preside t
Date:—� l
Witness Signature
I -EA R. ffCL- .E�
Witness Printed Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The a oing instru�r-EE��,ent was ackno�vledged before me this / 9 rkday of 2001,by&ut,%&f-.
,an ; 2 Q , N/, iw a ni Y-,"--1who is personally own to or�who s M 'tT
Top duced as identification.
Name:JGIXKtYa L . Wriuh+
Commission #j O -q l °�-
Expiration Date fel[ �1� _ 2-caeyo-I-
ATTEST:
J. K. Barton, Clerk of Circuit Court
`Deputy(�-ierk
STATOV'P DRWA• `("'c `
COUNTY Or ITVDIAN. k'I•VER
C
SANDRA L. WRIGHT
MN COMMISSION (R CC927632
1�'9 - FXPIRE&M,30.2004
1.gppyNO'fAny rLN-"YS--o' 41G
BOA TY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By -tiZGeCGtCG �J
Caroline D. Ginn, Chairm
Date January 23, 2001
Before me personally appeared Caroline D. Ginn. as Chairman of the Board of County Commissioners, and
PATRICIA "PJ JONES, as Deputy Clerk, for J. K. Barton, to me well known to be the persons W
who executed this instrument and they acknowledge before me they executed same on behalf of said Board. -J
Witness my hand and official seal this 23rd day of Janua 12001. o
Name: Kimberly E. Massuno Notary Pulffic — r
Commission #_CC855436 t
Expiration Date July 15, 2003 Klmt»rI E. Mossung ----- -- o
MY COMMISSION M CC855431B Ca
36 EXPIR11 Af uT DYed Gale
--- - - - --- ---
en`. i•: )uty 15.2003
OA
•• d:' BONDED 1HRU TROY FAN INSUPANCE. RIC
County met' At,fi° 1t
I • 1 � 1 Z'l-�
J�EChandler, Cou ty Administrator
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F'UTIUUESUTILITY-EN P,'U-RINGPR9IECIS-UTILITYMNSTRUCI*NP"MUS-ARBORTRA('f A'iPNUA ARIR>RTRA(E ULVU0P1R'SA6RF.MWTNU—.M-U
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EXHIBIT A
LEGAL DESCRIPTION AND PLAT
Arbor Trace Phase I PD, Plat Book 16, Page 1, Public Records of Indian River County, Florida.
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EX111I31T-B
ESTIMATED COSI' OF IMPROVEMENTS
ARBOR TRACE
10" FORCE MAIN, OSLO ROAD
ITEM
DESCRIPTION
UNIT
QUANTITY
UNIT
EXTENDED
PRICE
PRICE
FORCE MAIN
G1
MOBILIZATION
L.S.
1
$ 1,000.00
$ 1,000.00
G2
STAKE OUT & AS BUILTS
L.S.
1
$ 2,150.00
$ 2,150.00
G3
BOND
L.S.
1
$ 700.00
$ 700.00
G4
MAINT. OF TRAFFIC
L.S.
1
$ 800.00
$ 800.00
G5
BAHIA SOD ALLOWANCE
S.Y.
500
$ 2.25
$ 1,125.00
G6
SEEDING
S.Y.
6,172
$ 0.50
$ 3,086.00
G7
DIRT DRIVE REPLACEMENT
L.F.
2'i5
$ 1.00
$ 215.00
G8
PAVEMENT REPLACEMENT
L.F.
875
$ 30.00
$ 26,250.00
G9
CLEARING
L.S.
1
$ 3,679.00
$ 3,679.00
SUB -TOTAL
$ 39,005.00
S1
PVC 10"
L.F.
4,561
S2
DIP 10"
L.F.
1,451
S1A
DIP 10"
L.F.
4,697
$ 25.00
$117,425.00
S3
AIR RELEASE VALVE 10"
EACH
1
$ 2,500.00
$ 2,500.00
S4
BEND, 10"-45
EACH
3
$ 600.00
$ 1,800.00
S5
TEE, 10" X 6"
EACH
1
$ 750.00
$ 750.00
S6
GATE VALVE 10"
EACH
6
$ 1,200.00
$ 7,200.00
S7
MISC. FITTINGS
EACH
8
$ 840.00
$ 6,720.00
S8
TEE, 10"
EACH
1
$ 900.00
$ 900.00
S9
PLUG, 10"
EACH
1
$ 150.00
$ 150.00
S10
CONNECT TO EXIST 10"
EACH
1
$ 1,000.00
$ 1,000.00
Sl l
CANAL CROSSING 10"
EACH
1
$16,262..00
$ 16,262.00
SUB -TOTAL
$154,707.00
DESIGN ENGINEERING & SURVEYING
8%
$ 15,496.96
CONTINGENCY
10%
$ 19,371.20
10" FORCEMAIN TOTAL $228,580.16
6" FORCE MAIN, 43-d AVENUE & OSLO OAD
ITEM DESCRIPTION
UNIT QUANTITY UNIT
EXTENDED
FORCE MAIN
PRICE
PRICE
G1 MOBILIZATION
L.S. 1
$ 1,000.00
$ 1,000.00
G2 STAKE OUT & AS BUILTS
L.S. 1
$ 2,850.00
$ 2,850.00
G3 BOND
L.S. 1
$ 200.00
$ 200.00
G4 MAINT. OF TRAFFIC
L.S. 1
$ 400.00
$ 400.00
G5 SEEDING
S.Y. 5,051
$ 0.50
$ 2,525.33
G6 CLEARING
L.S. 1
$ 500.00
$ 500.00
SUB -TOTAL
$ 7,475.33
S1 PVC 6"
S2 G.V. 6"
L. F. 3,788
$ 8.00
$ 30,304.00
83 TEE, 6" X 4"
EACH 3
$ 650.00
$ 1,950.00
S4 BEND, 6" - 90
EACH 1
$ 400.00
$ 400.00
S5 BEND, 6" - 45
EACH 1
$ 300.00
$ 300.00
S6 REDUCER 10" X 6"
EACH 2
$ 300.00
$ 600.00
S7 PLUG 6"
EACH 1
$ 400.00
$ 400.00
S8 AIR RELEASE VALVE 6"
EACH 2
$ 100.00
$ 200.00
S1A PVC 4"
EACH 1
$ 2,500.00
$ 2,500.00
L. F. 1,300
$ 6.50
SUB -TOTAL
$ 36,654.00
DESIGN ENGINEERING & SURVEYING
8%
CONTINGENCY
10%
$ 3,530.35
$ 4,412.93
6" FORCEMAIN TOTAL
$ 52,072.61
FM 6", OSLO ROAD WEST TO PROP. LINE
TOTAL
33% $ 17,183.96
IRC
DEV.
FM 6", OSLO ROAD NORTH TO ENTRANCE
34% $ 17,704.69
$ 17,183.96
IRC
19%
$ 3,363.89
DEV
FM 6". ENTRANCE TO 5TH ST. S.W.
81%
$ 14,340.80
33% $ 17,183.96
$17,183.96
6" FORCEMAIN TOTAL
$ 52,072.61
$20,547.85
$ 31,524.76
PROJECT TOTAL
INDIAN RIVER COUNTY 10" FORCE MAIN
$228,580.16
INDIAN RIVER COUNTY 6" FORCE MAIN
$ 20,547.85
TOTAL
$249,128.01
DEVELOPER 10" FORCE MAIN
$
DEVELOPER 6" FORCE MAIN
$ 31,524.76
TOTAL
$ 3i,o24.76
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EXHIBIT -C
PROJECT SKETCH OF IMPROVEMENTS