HomeMy WebLinkAbout2026-083O'HAIRE & QUINN, CHARTERED - Arrorneya
CARTER A&gOCATFS - Surv"—& Engineers
INDIAN RIVER FARMS WATER CONTROL DISTRICT
7305 4th Street
VERO BEACH, FLORIDA 32968
Ph— (772) 562.2141
F-; (772)562.2532
DAVID E. OUNTER
SeaetaryTremmr
December 01, 2025
Indian River County
180127" Street
Vero Beach, Fla. 32960
Attn: Budget Office
Re: Lease for utilities on District right-of-way
Dear Sir:
Board of Supervisor
WILLIAM H. BARKER
BOBBY LINDSEY
MARK TRIPSON
Please accept this letter and the enclosed permit list as an invoice for the 2026 Interlocal
Agreements between Indian River Farms Water Control District and Indian River County. The
amount due is as follows:
IRC -1
$ 387.75
IRC -2
375.00
IRC -3
3,016.50
IRC -4
639.15
IRC -6
5,745.00
IRC -7
420.00
IRC -8
4,312.50
IRC -9
423.00
IRC -10
2,250.00
IRC -11
490.50
Total Amount Due $18,059.40
Please remit payment payable to Indian River Farms Water Control District as soon as possible.
Thank you for anticipated cooperation in this matter.
Sincerely,
Elaine A. Mercado
Administrative Assistant
PERMITS & INTERLOCAL AGREEMENTS
PERMIT
NO.
PERMITTEE
DESCRIPTION
FEE
IRC-1
Indian River County
24" sanitary sewer
387.75
main crossing Lat.
"D" Canal
IRC-2
Indian River County
6" force main-N r/w of
375.00
So. Relief-Oslo Rd./
Vista Development
IRC-3
Indian River County
12" treated effluent force
3,016.50
main-Sandridge to Hawks
Nest
IRC-4
Indian River County
Force main along Oslo
639.15
Rd. from 271' East to
Lateral J
IRC-6
Indian River County
20" sanitary sewer
5,745.00
effluent line-So.
Regional Effluent
Reuse Transmission
Main (3.83 mi.)
IRC-7
Indian River County
10" sanitary sewer
420.00
force main along
Lateral Canal B-10
(1,500 lineal feet)
IRC-8
Indian River County
Re-use force main
4,312.50
along Lat. G Canal-
Wastewater inter-
connect for Hobart
to Gifford WWTPS
IRC-9
Indian River County
16" diameter PVC
423.00
sanitary sewer force main
crossing the Lateral "H"
Canal (1490 lin. ft (0.282 miles)
IRC-10
Indian River County
24" diameter PVC sanitary
sewer force main Lateral B
from 8th St. to 5w S.W.
(1.5 lineal miles)
2,250.00
IRC-1 1
Indian River County
Sanitary Sewer Force Main
(formerly Rosewood P.O.)
Across So. 4 feet of Main
Canal r-o-w. (1,725 lineal feet)
490.50
Total:
$18,059.40
(All Agreements are 5 Year — Last Signed 2020)
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC -1)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
,2026 by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT, a drainage district organized and existing under the General Drainage Laws
of the State of Florida, whose address is 7305 46 Street, Vero Beach, Florida, hereinafter
referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision
of the State of Florida, hereinafter referred to as the "Permittee".
NOW, THEREFORE, the District does hereby grant unto the Permittee a permit
for a period of sixty (60) months from January 1, 2026, unless sooner terminated as
hereinafter provided, to construct, maintain, inspect, operate and repair a 24" diameter
sanitary sewer force main on, over and across District right-of-way crossing the Lateral
"D" Canal at the Southeast corner of the Indian River County West Regional Wastewater
Treatment Plant site, and then running East along South side of Lateral "D" right-of-way
for 1,365 lineal feet (0.2585 miles) to the East side of 82"d Avenue at the locations and in
accordance with the plans and specifications attached hereto and marked "Exhibit A" and
signed by the parties and, by reference, made apart hereof, together with the right of
ingress and egress on and over the property at said locations; provided, however, that as a
condition precedent to the rights herein granted, Permittee agrees to and with the District
as follows:
That the construction and installation of force main shall be in exact conformity
with the plans prepared by Masteller & Moler Associates, Inc., marked "Exhibit
A".
2. The rights shall extend only for force main used exclusively by Indian River
County (unless otherwise agreed to by District) and belonging to the Permittee
and the Permittee shall not have any right to assign or sublet this Permit or any
part thereof unto a third party.
3. Permittee assumes full responsibility for the installation, operation and
maintenance of said force main and shall expressly assume all risk of loss to or in
connection with the same, including without limitation, any expense, loss, damage
or claim from any cause whatsoever, and the District assumes and shall have no
liability or responsibility in connection therewith. The parties having expressly
negotiated to allocate all risk and expense in connection therewith to Permittee.
4. That this Permit is subject always to the paramount right of the District to keep
and maintain its drainage district functions and operations, and is subject to
revocation and cancellation upon sixty days' notice from District to the Permittee.
5. Solely to the extent permitted by Florida law, and in no event greater than the
limits set forth in Florida Statues, Section 768.28, the Permittee agrees to
indemnify the District, its agents, officers supervisors, and employees against all
claims, losses and liabilities, (specifically excluding attorneys' fees and expenses)
caused solely by the negligent acts or omissions of the Permittee, its employees,
and elected officials performance under this Agreement. Nothing contained
herein shall be deemed or construed to provide, directly or indirectly, an
indemnity from the Permittee for any negligent acts or omissions of the District,
its agents and employees arising out of, under, or in connection with this
Agreement.
6. Permittee is cautioned that electrical, water, sewer, gas or other installations or
utilities may be located within the permit area, and Permittee shall use diligent
efforts to first detect and locate all such installations and shall coordinate
construction with all other lawful users of said right-of-way. Permittee shall be
liable for all damages proximately resulting from its interference with or
interruption of services provided by other lawful right-of-way users.
7. The District may, on sixty (60) days' written notice to the Permittee, require
cessation of use into District's facilities, removal or alteration of any installation
or construction on District right-of-way.
8. Any construction on District right-of-way or property and cleanup shall be
completed promptly by Permittee and in a workmanlike manner with minimum
disturbance to existing berm, channel slopes and grade with proper restoration and
planting of any disturbed areas to prevent erosion within ten days after completion
of construction or installation.
9. The Permittee shall at all times maintain markers above ground at 100 foot
intervals to show the location of any underground objects. The force main shall
be so constructed and installed to permit the crossing of heavy equipment used by
the District for the maintenance of its laterals, sublaterals and canals and for any
similar heavy equipment used by land owners within the District. In any case
where the force main crosses a pipe or culvert used for drainage or irrigation
purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of
adjacent lands, and the same is deemed by District or an adjacent landowner to be
required to be installed, repaired or replaced, then, upon twenty-four (24) hours'
notice, Permittee shall, at Permittee's sole cost and expense, be available at the
location of, and arrange for such installation, repair or replacement with personnel
and equipment to insure that the force main does not endanger of prevent the
installation, repair, replacement or use of pipes or culverts for drainage or
irrigation purposes. The District has the right to determine the exact location of
the force main within the said right-of-way in order that the location of name shall
not interfere with the District's functions and operations and of the District land
owners.
10. Permittee shall advise District's office prior to commencement or completion of
all construction.
11. Permittee shall not discharge any pollutants, contaminants or deleterious materials
into waters or structures owned or maintained by, or subject to the jurisdiction of
District, nor permit anything to obstruct the flow of water, and shall save and hold
District harmless from any expense, loss or damage to District or others by any
2
such discharge or obstruction, remedying or removing the same immediately upon
request by District.
12. This Permit shall exist only so long as Permittee may be in full compliance with
all requirements of the Department of Environmental Protection for the State of
Florida, as such requirements relate to this project, and if, at any time, the
Permittee shall fail to meet such requirements, then this Permit shall, ipsofacto,
immediately become null and void.
13. Permittee, as a condition to the continuance of this Permit, shall reimburse
District, immediately on demand, for any reasonable fees for testing or other
professional services, costs or expenses to District associated with or arising from
Permittee's use of District right-of-way.
14. Permittee's obligations under this permit are limited to the extent permitted by
Florida law, and in no event greater than the limits set forth in Florida Statutes,
Section 768.28.
15. The Permittee shall pay to the District an annual rental of Three Hundred Eighty
Severn and 75/100 Dollars ($387.75), payable in advance; effective on each
anniversary date hereof, notwithstanding the term may exceed 12 months, the
annual fee may be subject to increase to reflect increases in costs to District of
permitting the use of its rights of way, by others. In addition to the permit fee
payable hereunder, if the permit applied for or the use for which the permit is
granted requires engineering or legal work for purposes of processing and
approval by District, then Permittee shall pay promptly when invoiced all
engineering and legal fees incurred by District in connection herewith and shall
indemnify District for the same, saving and holding District harmless from any
liability in connection therewith.
16. This Permit shall be effective January 1, 2026 and continue for a period of sixty
(60) months unless sooner terminated as provided herein.
17. In the event that this Permit is canceled or terminated, the Permittee shall, at its
expense, promptly remove the sewer force main from the right-of-way of the
District.
18. This Permit shall be considered to be a license only, for the limited purpose of
installation, placement and maintenance of the improvements specified on the
face hereof, and does not convey any other right, title or interest of the District in
the subject right-of-way property.
19. Permittee assumes full responsibility for any construction, operation or
maintenance on District property or right-of-way subject to this Permit and
understands and agrees that Permittee's use of District property for Permittee's
purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's
property, installations, facilities or personnel while on District property or right-
of-way, from any cause whatsoever, whether by reason of the provisions of
Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and,
as a condition of this Permit, Permittee promises, covenants and agrees that
3
neither Permittee, nor anyone claiming by, through or under Permittee, shall have
any claim or cause of action against District by reason of such loss or damage.
The parties hereto further acknowledge and agree that District has no obligation to
allow Permittee to enter upon or use District's property or right-of-way, and does
so only in consideration of Permittee's release of District from any responsibility
or liability whatsoever, now or in the future, and Permittee agrees: [ ] that it is
able, at its own expense, to insure against loss or damage, without granting any
right of subrogation to claims against District or ( ] Permittee is a self -insurer,
warranting and representing to District that Permittee assumes all risk of loss or
damage, and shall save and hold harmless District from any expense, loss,
damage or claim in regard thereto, and the District assumes and shall have no
liability in connection therewith including, without limitation, attorneys' fees,
fines and penalties.
20. This Permit may not be assigned or subletted to a third part and any transfer of
Permittee's property abutting District's property or right-of-way shall, ipso facto
and without more, cancel, nullify and revoke this Permit.
21. Should Permittee, during the term hereof, become a "member operator", as
defined by Florida Statutes, Section 556.102, then such membership shall, ipso
facto and without more, cancel, nullify and revoke this Permit.
22. In consideration of the grant of this Permit, Permittee, if a public or private body
with the power of eminent domain, expressly waives and relinquishes any power
of eminent domain or condemnation of the property as to which this Permit
applies for the use for which the Permit is granted. This clause shall survive
termination or expiration of this Permit.
4
IN WITNESS WHEREOF, said District has caused these presents to be executed in its
name by its Secretary and its corporate seal hereto affixed, by due authority of its Board
of Supervisors, this _ day of
Signed, sealed and delivered
In the presence of:
as to District
, 2026.
INDIAN RIVER FARMS WATER
CONTROL DISTRICT
By:
David E. Gunter, Secretary
(SEAL)
Permittee hereby accepts the terms of this Permit, and covenants and agrees that it
will comply with the terms and conditions of this Permit.
Dated this 5thday of 2026. Gp'�1�f X33%p�le'.,,
INDIAN RIVER COUNTY:
f i E
Chairman
vRIVER
Date Signed: May -5, 2026,
By: 'I'A' /1 ),44 �&t/u
Cl of "the Circuit Court & Comptroller
APPRO D
By �� ,
unty inistrator
Appro as to Eprnvand Legal Sufficiency
By:
,43/ Count rney
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC -2)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
,2026 by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT, a drainage district organized and existing under the General Drainage Laws
of the State of Florida, whose address is 7305 4`h Street, Vero Beach, Florida, hereinafter
referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision
of the State of Florida, hereinafter referred to as the "Permittee".
NOW, THEREFORE, the District does hereby grant unto the Pennittee a permit
for a period of sixty (60) months from January 1, 2026, unless sooner terminated as
hereinafter provided, to construct, maintain, inspect, operate and repair a 6" PVC force
main located 5 feet inside the North right-of-way of the South Relief Canal from U.S.
Highway No. I easterly to the vicinity of the lift station at the locations and in accordance
with the plans and specifications attached hereto and marked "Exhibit A" and signed by
the parties and, by reference, made a part hereof, together with the right of ingress and
egress on and over the property at said locations; provided, however, that as a condition
precedent to the rights herein granted, Permittee agrees to and with the District as
follows:
That the construction and installation of force main has been in exact conformity
with the plans prepared by Masteller & Moler Associates, Inc., marked "Exhibit
A".
2. The rights shall extend only for force main used exclusively by Indian River
County (unless otherwise agreed to by District) and belonging to the Permittee
and the Permittee shall not have any right to assign or sublet this Permit or any
part thereof unto a third party.
3. Permittee assumes full responsibility for the construction, operation and
maintenance of said force main and shall save and hold harmless District from
any expense, loss, damage or claim in regard thereto, and the District assumes and
shall have no liability in connection therewith. The parties having expressly
negotiated to allocate all risk and expense in connection therewith to Permittee.
4. That this Permit is subject always to the paramount right of the District to keep
and maintain its drainage district functions and operations, and is subject to
revocation and cancellation upon sixty days' notice from District to the Permittee.
5. Solely to the extent permitted by Florida law, and in no event greater than the
limits set forth in Florida Statutes, Section 768.28, the Permittee agrees to
indemnify the District, its agents, officers, and employees against all claims,
looses, and liabilities (specifically excluding attorneys' fees and expenses) caused
solely by the negligent acts or omissions of the Permittee, its employees, and
elected officials arising out of, under, or in connection with, the Permittee's
performance under this Agreement. Nothing contained herein shall be deemed or
construed to provide, directly or indirectly, an indemnity from the Permittee for
any negligent acts or omissions of the District, its agents and employees arising
out of, under, or in connection with the Agreement
6. Permittee is cautioned that electrical, water, sewer, gas or other installations or
utilities may be located within the permit area, and Permittee shall use diligent
efforts to first detect and locate all such installations and shall coordinate
construction with all other lawful users of said right-of-way. Permittee shall be
liable for all damages proximately resulting from its interference with or
interruption of services provided by other lawful right-of-way users.
7. The District may, on sixty (60) days' written notice to the Permittee, require
cessation of use into District's facilities, removal or alteration of any installation
or construction on District right-of-way.
8. Any construction on District right-of-way or property and cleanup shall be
completed promptly by Permittee and in a workmanlike manner with minimum
disturbance to existing berm, channel slopes and grade with proper restoration and
planting of any disturbed areas to prevent erosion within ten days after completion
of construction or installation.
9. The Permittee shall at all times maintain cable markers above ground at 100 foot
intervals to show the location of any underground objects. The force main shall
be so constructed and installed to permit the crossing of heavy equipment used by
the District for the maintenance of its laterals, sublaterals and canals and for any
similar heavy equipment used by land owners within the District. In any case
where the force main crosses a pipe or culvert used for drainage or irrigation
purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of
adjacent lands, and the same is deemed by District or an adjacent landowner to be
required to be installed, repaired or replaced, then upon twenty-four (24) hours'
notice, Permittee shall, at Permittee's sole cost and expense, be available at the
location of, and undertake such installation, repair or replacement with personnel
and equipment to insure that the force main does not endanger or prevent the
installation, repair, replacement or use of pipes or culverts for drainage or
irrigation purposes. The District has the right to determine the exact location of
the force main within the said right-of-way in order that the location of same shall
not interfere with the District's functions and operations and of the District land
owners.
10. Permittee shall advise District's office prior to commencement or completion of
all construction.
11. Permittee shall not discharge any pollutants, contaminants or deleterious materials
into waters or structures owned or maintained by, or subject to the jurisdiction of
District, nor permit anything to obstruct the flow of water, and shall save and hold
District harmless from any expense, loss or damage to District or others by any
such discharge or obstruction, remedying or removing the same immediately upon
request by District.
2
12. This Permit shall exist only so long as Permittee may be in full compliance with
all requirements of the Department of Environmental Protection for the State of
Florida, as such requirements relate to this project, and if, at any time, the
Permittee shall fail to meet such requirements, then this Permit shall, ipsofacto,
immediately become null and void.
13. Permittee, as a condition to the continuance of this Permit, shall reimburse
District, immediately on demand, for any reasonable fees for testing or other
professional services, costs or expenses to District associated with or arising from
Permittee's use of District right-of-way.
14. The Permittee shall pay to the District an annual rental of Three Hundred Seventy
Five and No/100 Dollars ($375.00), payable in advance; effective on each
anniversary date hereof, notwithstanding the term may exceed 12 months, the
annual fee may be subject to increase to reflect increases in costs to District of
permitting the use of its rights of way, by others. In addition to the permit fee
payable hereunder, if the permit applied for or the use for which the permit is
granted requires engineering or legal work for purposes of processing and
approval by District, then Permittee shall pay promptly when invoiced all
engineering and legal fees incurred by District in connection herewith and shall
indemnify District for the same, saving and holding District harmless from any
liability in connection therewith.
15. Permittee's obligations under this permit are limited to the extent permitted by
Florida law, and in no event greater than the limits set forth in Florida Statutes,
Section 768.28.
16. This Permit shall be effective January 1, 2026 and continue for a period of sixty
(60) months unless sooner terminated as provided herein.
17. In the event that this Permit is canceled or terminated, the Permittee shall, at its
expense, promptly remove the sewer force main from the right-of-way of the
District.
18. This Permit shall be considered to be a license only, for the limited purpose of
installation, placement and maintenance of the improvements specified on the
face hereof, and does not convey any other right, title or interest of the District in
the subject right-of-way property.
19. Permittee assumes full responsibility for any construction, operation or
maintenance on District property or right-of-way subject to this Permit and
understands and agrees that Permittee's use of District property for Permittee's
purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's
property, installations, facilities or personnel while on District property or right-
of-way, regardless of the cause of the same, including, without limitation,
negligence or want or care on the part of District, its agents or employees,
whether by reason of the provisions of Chapter 556, Florida Statutes, or
otherwise, is Permittee's and not District's and, as a condition of this Permit,
Permittee promises, covenants and agrees that neither Permittee, nor anyone
3
claiming by, through or under Permittee, shall have any claim or cause of action
against District by reason of such loss or damage. The parties hereto further
acknowledge and agree that District has no obligation to allow Permittee to enter
upon or use District's property or right-of-way, and does so only in consideration
of Permittee's release of District from any responsibility or liability whatsoever,
now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to
insure against loss or damage, without granting any right of subrogation to claims
against District, or [ ] Permittee is a self -insurer, warranting and representing to
District that Permittee assumes all risk of loss or damage, and shall save and hold
harmless District from any expense, loss, damage or claim in regard thereto, and
the District assumes and shall have no liability in connection therewith including,
without limitation, attorneys' fees, fines and penalties.
20. This Permit may not be assigned or subletted to a third part and any transfer of
Permittee's property abutting District's property or right-of-way shall, ipso facto
and without more, cancel, nullify and revoke this Permit.
21. Should Permittee, during the tern hereof, become a -member operator", as
defined by Florida Statutes, Section 556.102, then such membership shall, ipso
facto and without more, cancel, nullify and revoke this Pen -nit.
22. In consideration of the grant of this Permit, Permittee, if a public or private body
with the power of eminent domain, expressly waives and relinquishes any power
of eminent domain or condemnation of the property as to which this Permit
applies for the use for which the Permit is granted. This clause shall survive
termination or expiration of this Permit.
4
IN WITNESS WHEREOF, said District has caused these presents to be executed in its
name by its Secretary and its corporate seal hereto affixed, by due authority of its Board
of Supervisors, this _ day of , 2026.
Signed, sealed and delivered
In the presence of: INDIAN RIVER FARMS WATER
CONTROL DISTRICT
— _ By:
David E. Gunter, Secretary
as to the District
(SEAL)
Permittee hereby accepts the terms of this Permit, and covenants and agrees that it
will comply with the terms and conditions of this Permit.
Dated this 5th day of M
Date Signed: May 5, 2026
R qn L.B�♦lcr-
ATTE A, CGFO,CGMA
By: I DI.J
Cl of the Circuit Court & Comptroller
APP
By:
By..
j--
unty A 'nistrator
App" as toFo and Legal Sufficiency
By:
I�%T-County d
mey
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC -3)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
,2026 by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT, a drainage district organized and existing under the General Drainage Laws
of the State of Florida, whose address is 7305 41 Street, Vero Beach, Florida, hereinafter
referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision
of the State of Florida, hereinafter referred to as the "Permittee".
NOW, THEREFORE, the District does hereby grant unto the Permittee a permit
for a period of sixty (60) months from January 1, 2026, unless sooner terminated as
hereinafter provided, to construct, maintain, inspect, operate and repair a 12" PVC treated
effluent force main located 5 feet inside the East right-of-way of the Lateral "G" Canal
from Sand Ridge Golf Course southerly to Hawks Nest Golf Course; the crossing of
Lateral "G" Canal with an 8" treated effluent line an Westward extension thereof along
the Northerly side of Sub -lateral G-5 and crossing of Sub -lateral G-5 to discharge into
Sand Ridge Golf Course Lake No. 6 at the locations and in accordance with the plans and
specifications attached hereto and marked "Exhibit A" and signed by the parties and, by
reference, made a part hereof, together with the right of ingress and egress on and over
the property at said locations; provided, however, that as a condition precedent to the
rights herein granted, Permittee agrees to and with the District as follows:
I. That the construction and installation of force main shall be in exact conformity
plans prepared by Masteller, Moler & Mayfield marked "Exhibit A".
2. The rights shall extend only for force main used exclusively by Indian River
County (unless otherwise agreed to by District) and belonging to the Permittee
and the Permittee shall not have any right to assign or sublet this Permit or any
part thereof unto a third party.
3. Permittee assumes full responsibility for the construction, operation and
maintenance of said force main and shall save and hold harmless District from
any expense, loss, damage or claim in regard thereto, and the District assumes and
shall have no liability in connection therewith. The parties having expressly
negotiated to allocate all risk and expense in connection therewith to Permittee.
4. That this Permit is subject always to the paramount right of the District to keep
and maintain its drainage district functions and operations, and is subject to
revocation and cancellation upon sixty days' notice from District to the Permittee.
5. Solely to the extent permitted by Florida law, and in no event greater than the
limits set forth in Florida Statutes, Section 768.28, the Permittee agrees to
indemnify the District, its agents, officers, and employees against all claims,
losses, and liabilities, (specifically excluding attorneys' fees and expenses) caused
solely by the negligent acts or omissions of the Permittee, its employees, and
elected officials arising out of, under, or in connection with, the Permittee's
performance under this Agreement. Nothing contained herein shall be deemed or
construed to provide, directly or indirectly, an indemnity from the Permittee for
any negligent acts or omissions of the District, its agents and employees arising
out of, under, or in connection with this Agreement.
6. Permittee is cautioned that electrical, water, sewer, gas or other installations or
utilities may be located within the permit area, and Permittee shall use diligent
et%rts to first detect and locate all such installations and shall coordinate
construction with all other lawful users of said right-of-way. Permittee shall be
liable for all damages proximately resulting from its interference with or
interruption of services provided by other lawful right-of-way users.
7. The District may, on sixty (60) days' written notice to the Permittee, require
cessation of use into District's facilities, removal or alteration of any installation
or construction on District right-of-way.
8. Any construction on District right-of-way or property and cleanup shall be
completed promptly by Permittee and in a workmanlike manner with minimum
disturbance to existing berm, channel slopes and grade with proper restoration and
planting of any disturbed areas to prevent erosion within ten days after completion
of construction or installation.
9. The Permittee shall at all times maintain cable markers above ground at 100 foot
intervals to show the location of any underground objects. The force main shall
be constructed and installed to permit the crossing of heavy equipment used by
the District for the maintenance of its laterals, sublaterals and canals and for any
similar heavy equipment used by land owners within the District. In any case
where the force main crosses a pipe or culvert used for drainage or irrigation
purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of
adjacent lands, and the same is deemed by District or an adjacent landowner to be
required to be installed, repaired or replaced, then upon twenty-four (24) hours'
notice, Permittee shall, at Permittee's sole cost and expense, be available at the
location of, and arrange for such installation, repair or replacement with personnel
and equipment to insure that the force main does not endanger or prevent the
installation, repair, replacement or use of pipes or culverts for drainage or
irrigation purposes. The District has the right to determine the exact location of
the force main within the said right-of-way in order that the location of same shall
not interfere with the District's functions and operations and of the District land
owners.
10. Permittee shall advise District's office prior to commencement or completion of
all construction.
It. Permittee shall not discharge any pollutants, contaminants or deleterious materials
into waters or structures owned or maintained by, or subject to the jurisdiction of
District, nor permit anything to obstruct the flow of water, and shall save and hold
District harmless from any expense, loss or damage to District or others by any
such discharge or obstruction, remedying or removing the same immediately upon
request by District.
2
12. This Permit shall exist only so long as Permittee may be in full compliance with
all requirements of the Department of Environmental Protection for the State of
Florida, as such requirements relate to this project, and if, at any time, the
Permittee shall fail to meet such requirements, then this Permit shall, ipso facto,
immediately become null and void.
13. Permittee, as a condition to the continuance of this Permit, shall reimburse
District, immediately on demand, for any reasonable fees for testing or other
professional services, costs or expenses to District associated with or arising from
Pennittee's use of District right-of-way.
14. Permittee's obligations under this permit are limited to the extent permitted by
Florida law, and in no event greater than the limits set forth in Florida Statutes,
Section 768.28.
15. The Permittee shall pay to the District an annual rental of Three Thousand
Sixteen and 50/100 Dollars ($3,016.50), payable in advance; effective on each
anniversary date hereof, notwithstanding the term may exceed 12 months, the
annual fee may be subject to increase to reflect increases in costs to District of
permitting the use of its rights of way, by others. In addition to the permit fee
payable hereunder, if the permit applied for or the use for which the permit is
granted requires engineering or legal work for purposes of processing and
approval by District, then Permittee shall pay promptly when invoiced all
engineering and legal fees incurred by District in connection herewith and shall
indemnify District for the same, saving and holding District harmless from any
liability in connection therewith.
16. This Permit shall be effective January 1, 2026 and continue for a period of sixty
(60) months unless sooner terminated as provided herein.
17. In the event that this Permit is canceled or terminated, the Permittee shall, at its
expense, promptly rpmove the sewer force main from the right-of-way of the
District.
18. This Permit shall be considered to be a license only, for the limited purpose of
installation, placement and maintenance of the improvements specified on the
face hereof, and does not convey any other right, title or interest of the District in
the subject right-of-way property.
19. Permittee assumes full responsibility for any construction, operation or
maintenance on District property or right-of-way subject to this Permit and
understands and agrees that Permittee's use of District property for Permittee's
purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's
property, installations, facilities or personnel while on District property or right-
of-way, regardless of the cause of the same, including, without limitation,
negligence or want or care on the part of District, its agents or employees,
whether by reason of the provisions of Chapter 556, Florida Statutes, or
otherwise, is Permittee's and not District's and, as a condition of this Permit,
Permittee promises, covenants and agrees that neither Permittee, nor anyone
3
20.
21.
22.
claiming by, through or under Permittee, shall have any claim or cause of action
against District by reason of such loss or damage. The parties hereto further
acknowledge and agree that District has no obligation to allow Permittee to enter
upon or use District's property or right-of-way, and does so only in consideration
of Permittee's release of District from any responsibility or liability whatsoever,
now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to
insure against loss or damage, without granting any right of subrogation to claims
against District, or [ ] Permittee is a self -insurer, warranting and representing to
District that Permittee assumes all risk of loss or damage, and shall save and hold
harmless District from any expense, loss, damage or claim in regard thereto, and
the District assumes and shall have no liability in connection therewith including,
without limitation, attorneys' fees, fines and penalties.
This Permit may not be assigned or subletted to a third part and any transfer of
Permittee's property abutting District's property or right-of-way shall, ipso facto
and without more, cancel, nullify and revoke this Permit.
Should Permittee, during the term hereof, become a "member operator", as
defined by Florida Statutes, Section 556.102, then such membership shall, ipso
facto and without more, cancel, nullify and revoke this Permit.
In consideration of the grant of this Permit, Permittee, if a public or private body
with the power of eminent domain, expressly waives and relinquishes any power
of eminent domain or condemnation of the property as to which this Permit
applies for the use for which the Permit is granted. His clause shall survive
termination or expiration of this Permit.
IN WITNESS WHEREOF, said District has caused these presents to be
executed in its name by its Secretary and its corporate seal hereto affixed, by due
authority of its Board of Supervisors, this _ day of , 2026.
Signed, sealed and delivered
in the presence of: INDIAN RIVER FARMS WATER
CONTROL DISTRICT
By:_
David E. Gunter, Secretary
as to District
(SEAL)
Permittee hereby accepts the terms of this Permit, and covenants and agrees that it
will comply with the terms and conditions of this Permit.
Dated this 5th day of May , 2026.
INDIAN RIVE CO
By:___
Chairman
Date
4
•Gp�,1M ISS � •.
+C.)J -*
UNTf*.:
's
e
•O••
j
-
C
5, 202�.R!vERcoUN
By: _` )aj J
Clerk of the Circuit Court & Comptroller
APPROV
By:
ounty dministrator
Approved as to Fo and Legal Sufficiency
By:
ounty tt mey
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC -4)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
,2026 by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT, a drainage district organized and existing under the General Drainage Laws
of the State of Florida, whose address is 7305 41' Street, Vero Beach, Florida, hereinafter
referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision
of the State of Florida, hereinafter referred to as the "Permittee".
NOW, THEREFORE, the District does hereby grant unto the Permittee a permit
for a period of sixty months (60) months from January 1, 2026, unless sooner terminated
as hereinafter provided, to construct, maintain, inspect, operate and repair a force main in
District right-of-way along Oslo Road from 271 Street easterly, with two crossing
extensions South across sub -lateral E -8/J-2 canal, to Lateral "J" Canal; the crossing of
Lateral "J" Canal (approximately 100 feet North of Oslo Road Bridge); and force main
North and 5 feet inside the East right-of-way of the Lateral "J" Canal for a distance of
2,250 lineal feet (0.4261 miles) at the locations and in accordance with the plans and
specifications attached hereto and marked "Exhibit A" and signed by the parties and, by
reference, made a part hereof, together with the right of ingress and egress on and over
the property at said locations; provided, however, that as a condition precedent to the
rights herein granted, Permittee agrees to and with the District as follows:
1. That the construction and installation of force main has been in exact conformity
with the plans prepared by Masteller & Molar Associates, Inc. marked "Exhibit
A".
2. The rights shall extend only for force main used exclusively by Indian River
County (unless otherwise agreed to by District) and belonging to the Permittee
and the Permittee shall not have any right to assign or sublet this Permit or any
part thereof unto a third party.
3. Permittee assumes full responsibility for the construction, operation and
maintenance of said force main and shall save and hold harmless District from
any expense, loss, damage or claim in regard thereto, and the District assumes and
shall have no liability in connection therewith. The parties having expressly
negotiated to allocate all risk and expense in connection therewith to Permittee.
4. That this Permit is subject always to the paramount right of the District to keep
and maintain its drainage district functions and operations, and is subject to
revocation and cancellation upon sixty days' notice from District to the Permittee.
5. Solely to the extent permitted by Florida law, and in no event greater than the
limits set forth in Florida Statutes, Section 768.28, the Pennittee agrees to
indemnify the District, its agents, officers, and employees against all claims,
losses, and liabilities, (specifically excluding attorneys' fees and expenses) caused
solely by the negligent acts or omissions of the Permittee, its employees, and
elected officials arising out of, under, or in connection with, the Penmittee's
performance under this Agreement. Nothing contained herein shall be deemed or
1
construed to provide, directly or indirectly, an indemnity from the Permittee for
any negligent acts or omissions of the District, its agents and employees arising
out of, under, or in connection with this Agreement.
6. Permittee is cautioned that electrical, water, sewer, gas or other installations or
utilities may be located within the permit area, and Permittee shall use diligent
efforts to first detect and locate all such installations and shall coordinate
construction with all other lawful users of said right-of-way. Permittee shall be
liable for all damages proximately resulting from its interference with or
interruption of services provided by other lawful right-of-way users.
7. The District may, on sixty (60) days' written notice to the Permittee, require
cessation of use into District's facilities, removal or alteration of any installation
or construction on District right-of-way.
8. Any construction on District right-of-way or property and cleanup shall be
completed promptly by Permittee and in a workmanlike manner with minimum
disturbance to existing berm, channel slopes and grade with proper restoration and
planting of any disturbed areas to prevent erosion within ten days after completion
of construction or installation.
9. The Permittee shall at all times maintain cable markers above ground at 100 foot
intervals to show the location of any underground objects. The force main shall
be constructed and installed to permit the crossing of heavy equipment used by
the District for the maintenance of its laterals, sublaterals and canals and for any
similar heavy equipment used by land owners within the District. In any case
where the force main crosses a pipe or culvert used for drainage or irrigation
purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of
adjacent lands, and the same is deemed by District or an adjacent landowner to be
required to be installed, repaired or replaced, then upon twenty-four (24) hours'
notice, Permittee shall, at Permittee's sole cost and expense, be available at the
location of, and arrange for such installation, repair or replacement with personnel
and equipment to insure that the force main does not endanger or prevent the
installation, repair, replacement or use of pipes or culverts for drainage or
irrigation purposes. The District has the right to determine the exact location of
the force main within the said right-of-way in order that the location of name shall
not interfere with the District's functions and operations and of the District land
owners.
10. Permittee shall advise District's office prior to commencement or completion of
all construction.
11. Permittee shall not discharge any pollutants, contaminants or deleterious materials
into waters or structures owned or maintained by, or subject to the jurisdiction of
District, nor permit anything to obstruct the flow of water, and shall save and hold
District harmless from any expense, loss or damage to District or others by any
such discharge or obstruction, remedying or removing the same immediately upon
request by District.
2
12. This Permit shall exist only so long as Permittee may be in full compliance with
all requirements of the Department of Environmental Protection for the State of
Florida, as such requirements relate to this project, and if, at any time, the
Permittee shall fail to meet such requirements, then this Permit shall, ipso facto,
immediately become null and void.
13. Permittee, as a condition to the continuance of this Permit, shall reimburse
District, immediately on demand, for any reasonable fees for testing or other
professional services, costs or expenses to District associated with or arising from
Permittee's use of District right-of-way.
14. Permittee's obligations under this permit are limited to the extent permitted by
Florida law, and in no event greater than the limits set forth in Florida Statutes,
Section 768.28.
15. The Permittee shall pay to the District an annual rental of Six Hundred Thirty
Nine and 15/100 Dollars ($639.15), payable in advance; effective on each
anniversary date hereof, notwithstanding the term may exceed 12 months, the
annual fee may be subject to increase to reflect increases in costs to District of
permitting the use of its rights of way, by others. In addition to the permit fee
payable hereunder, if the permit applied for or the use for which the permit is
granted requires engineering or legal work for purposes of processing and
approval by District, then Permittee shall pay promptly when invoiced all
engineering and legal fees incurred by District in connection herewith and shall
indemnify District for the same, saving and holding District harmless from any
liability in connection therewith.
16. This Permit shall be effective January 1, 2026 and continue for a period of sixty
(60) months unless sooner terminated as provided herein.
17. In the event that this Permit is canceled or terminated, the Permittee shall, at its
expense, promptly remove the sewer force main from the right-of-way of the
District.
18. This Permit shall be considered to be a license only, for the limited purpose of
installation, placement and maintenance of the improvements specified on the
face hereof, and does not convey any other right, title or interest of the District in
the subject right-of-way property.
19. Permittee assumes full responsibility for any construction, operation or
maintenance on District property or right-of-way subject to the Permit and
understands and agrees that Permittee's use of District property for Permittee's
purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's
property, installations, facilities or personnel while on District property or right-
of-way, regardless of the cause of the same, including, without limitation,
negligence or want or care on the part of District, its agents or employees,
whether by reason of the provisions of Chapter 556, Florida Statutes, or
otherwise, is Perruittee's and not District's and, as a condition of this Permit,
Permittee promises, covenants and agrees that neither Permittee, nor anyone
3
claiming by, through or under Permittee, shall have any claim or cause of action
against District by reason of such loss or damage. The parties hereto further
acknowledge and agree that District has no obligation to allow Permittee to enter
upon or use District's property or right-of-way, and does so only in consideration
of Permittee's release of District from any responsibility or liability whatsoever,
now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to
insure against loss or damage, without granting any right of subrogation to claims
against District or [ ] Permittee is a self -insurer, warranting and representing to
District that Permittee assumes all risk of loss or damage, and shall save and hold
harmless District from any expense, loss, damage or claim in regard thereto, and
the District assumes and shall have no liability in connection therewith including,
without limitation, attorneys' fees, fines and penalties.
20. This Permit may not be assigned or subletted to a third part and any transfer of
Permittee's property abutting District's property or right-of-way shall, ipsofacto
and without more, cancel, nullify and revoke this Permit.
21. Should Permittee, during the term hereof, become a "member operator", as
defined by Florida Statutes, Section 556.102, then such membership shall, ipso
facto and without more, cancel, nullify and revoke this Permit.
22. In consideration of the grant of this Permit, Permittee, if a public or private body
with the power of eminent domain, expressly waives and relinquishes any power
of eminent domain or condemnation of the property as to which this Permit
applies for the use for which the Permit is granted. His clause shall survive
termination or expiration of this Permit.
IN WITNESS WHEREOF, said District has caused these presents to be executed in its
name by its Secretary and its corporate seal hereto affixed, by due authority of its Board
of Supervisors, this V day of _, 2026.
Signed, sealed and delivered
in the presence of:
as to District
INDIAN RIVER FARMS WATER
CONTROL DISTRICT
By:
David E. Gunter, Secretary
(SEAL)
Permittee hereby accepts the terms of this Permit, and covenants and agrees that it
will comply with the terns and conditions of this Permit.
Dated this day of , 2026.
4
INDIAN RIVER COUNTY
By:
Chairman
Date Signed:
ATTEST: Jeffrey R. Smith, CPA, CGFO,CGMA
By:
Clerk of the Circuit Court & Comptroller
APP :
By:
ounty Administrator
Approved as to and Legal Sufficiency
7
By:
o Attorney
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC -6)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
, 2026 by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT, a drainage district organized and existing under the General Drainage Laws
of the State of Florida, whose address is 7305 0 Street, Vero Beach, Florida, hereinafter
referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision
of the State of Florida, hereinafter referred to as the "Permittee".
NOW, THEREFORE, the District does hereby grant unto the Permittee a permit
for a period of sixty (60) months from January 1, 2026, unless sooner terminated as
hereinafter provided, to construct, maintain, inspect, operate and repair a 20" diameter
tertiary treated sanitary sewer effluent line on, over and across 3.83 linear miles of
District right-of-way described as follows:
The West 10' of the East 50 feet of the South 1,630 feet of Section 5,
Township 33 South, Range 38 East; and
The West 10' of the East 50 feet of Section 32, Township 33 South,
Range 39 East; and
The North 30' of the South 100 feet of Sections 33, 34 and the West
'/z of section 35, Township 39 East
at the locations and in accordance with the plans and specifications attached hereto and
marked "Exhibit A" and signed by the parties and, by reference, made apart hereof,
together with the right of ingress and egress on and over the property at said locations;
provided, however, that as a condition precedent to the rights herein granted, Permittee
agrees to and with the District as follows:
1. That the construction and installation of effluent line shall be in exact conformity
with the plans prepared by Carter Associates, Inc., entitled "Indian River County
Florida, South Regional Effluent Reuse Transmission Main, County Project No.
US -94 -02 -ED".
2. The rights shall extend only for reuse main used exclusively by Indian River
County (unless otherwise agreed to by District) and belonging to the Permittee
and the Permittee shall not have any right to assign or sublet this Permit or any
part thereof unto a third party.
3. Permittee assumes full responsibility for the construction, operation and
maintenance of said effluent line and shall save and hold harmless District from
any expense, loss, damage or claim in regard thereto, and the District assumes and
shall have no liability in connection therewith. The parties having expressly
negotiated to allocate all risk and expense in connection therewith to Permittee
4. That this Permit is subject always to the paramount right of the District to keep
and maintain its drainage district functions and operations, and is subject to
revocation and cancellation upon sixty days' notice from District to the Permittee.
5. Solely to the extent permitted by Florida law, and in no event greater than the
limits set forth in Florida Statutes, Section 768.28, the Permittee agrees to
indemnify the District its agents, officers, agents, and employees against all
claims, losses, and liabilities, (specifically excluding attorneys' fees and
expenses) caused solely by the negligent acts or omissions of the Permittee, its
employees, and elected officials arising out of, under, or in connection with, the
Permittee's performance under this Agreement. Nothing contained herein shall
be deemed or construed to provide, directly or indirectly, an indemnity from the
Permittee for any negligent acts or omissions of the District, its agents and
employees arising out of, under, or in connection with this Agreement.
6. Permittee is cautioned that electrical, water, sewer, gas or other installations or
utilities may be located within the permit area, and Permittee shall use diligent
efforts to first detect and locate all such installations and shall coordinate
construction with all other lawful users of said right-of-way. Permittee shall be
liable for all damages proximately resulting from its interference with or
interruption of services provided by other lawful right-of-way users.
7. The District may, on sixty (60) days' written notice to the Permittee, require
cessation of use into District's facilities, removal or alteration of any installation
or construction on District right-of-way.
8. Any construction on District right-of-way or property and cleanup shall be
completed promptly by Permittee and in a workmanlike manner with minimum
disturbance to existing berm, channel slopes and grade with proper restoration and
planting of any disturbed areas to prevent erosion within ten days after completion
of construction or installation.
9. The Permittee shall at all times maintain markers above ground at 100 foot
intervals to show the location of any underground objects. The effluent line shall
be constructed and installed to permit the crossing of heavy equipment used by
the District for the maintenance of its laterals, sublaterals and canals and for any
similar heavy equipment used by land owners within the District. in any case
where the effluent line crosses a pipe or culvert used for drainage or irrigation
purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of
adjacent lands, and the same is deemed by District or an adjacent landowner to be
required to be installed, repaired or replaced, then upon twenty-four (24) hours'
notice, Permittee shall, at Permittee's sole cost and expense, be available at the
location of, and arrange for such installation, repair or replacement with personnel
and equipment to insure that the effluent line does not endanger or prevent the
installation, repair, replacement or use of pipes or culverts for drainage or
irrigation purposes. The District has the right to determine the exact location of
the effluent line within the said right-of-way in order that the location of same
shall not interfere with the District's functions and operations and of the District
land owners.
10. Permittee shall advise District's office prior to commencement or completion of
all construction.
2
11. Permittee shall not discharge any pollutants, contaminants or deleterious materials
into waters or structures owned or maintained by, or subject to the jurisdiction of
District, nor permit anything to obstruct the flow of water, and shall save and hold
District harmless from any expense, loss or damage to District or others by any
such discharge or obstruction, remedying or removing the same immediately upon
request by District.
12. This Permit shall exist only so long as Permittee may be in full compliance with
all requirements of the Department of Environmental Protection for the State of
Florida, as such requirements relate to this project, and if, at any time, the
Permittee shall fail to meet such requirements, then this Permit shall, ipso facto,
immediately become null and void.
13. Permittee, as a condition to the continuance of this Permit, shall reimburse
District, immediately on demand, for any reasonable fees for testing or other
professional services, costs or expenses to District associated with or arising from
Permittee's use of District right-of-way.
14. Permittee's obligations under this permit are limited to the extent permitted by
Florida law, and in no event greater than the limits set forth in Florida Statutes,
Section 768.28.
15. The Permittee shall pay to the District an annual rental of Five Thousand Seven
Hundred Forty Five and No/100 Dollars ($5,745.00), payable in advance);
effective on each anniversary date hereof, notwithstanding the term may exceed
12 months, the annual fee may be subject to increase to reflect increases in costs
to District of permitting the use of its rights of way, by others. In addition to the
permit fee payable hereunder, if the permit applied for or the use for which the
permit is granted requires engineering or legal work for purposes of processing
and approval by District, then Permittee shall pay promptly when invoiced all
engineering and legal fees incurred by District in connection herewith and shall
indemnify District for the same, saving and holding District harmless from any
liability in connection therewith.
15. This Permit shall be effective January 1, 2026 and continue for a period of sixty
(60) months unless sooner terminated as provided herein.
16. In the event that this Permit is canceled or terminated, the Permittee shall, at its
expense, promptly remove the sewer force main from the right-of-way of the
District.
17. This Permit shall be considered to be a license only, for the limited purpose of
installation, placement and maintenance of the improvements specified on the
face hereof, and does not convey any other right, title or interest of the District in
the subject right-of-way property.
18. Permittee assumes full responsibility for any construction, operation or
maintenance on District property or right-of-way subject to this Permit and
understands and agrees that Permittee's use of District property for Permittee's
purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's
3
property, installations, facilities or personnel while on District property or right-
of-way, regardless of the cause of the same, including, without limitation,
negligence or want or care on the part of District, its agents or employees,
whether by reason of the provisions of Chapter 556, Florida Statutes, or
otherwise, is Permittee's and not District's and, as a condition of this Permit,
Permittee promises, covenants and agrees that neither Permittee, nor anyone
claiming by, through or under Permittee, shall have any claim or cause of action
against District by reason of such loss or damage. The parties hereto further
acknowledge and agree that District has no obligation to allow Permittee to enter
upon or use District's property or right-of-way, and does so only in consideration
of Permittee's release of District from any responsibility or liability whatsoever,
now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to
insure against loss or damage, without granting any right of subrogation to claims
against District, or [ ] Pennittee is a self -insurer, warranting and representing to
District that Permittee assumes all risk of loss or damage, and shall save and hold
harmless District from any expense, loss, damage or claim in regard thereto, and
the District assumes and shall have no liability in connection therewith including,
without limitation, attorneys' fees, fines and penalties.
19. This Permit may not be assigned or subletted to a third part and any transfer of
Permittee's property abutting District's property or right-of-way shall, ipso facto
and without more, cancel, nullify and revoke this Permit.
20. Should Permittee, during the term hereof, become a "member operator", as
defined by Florida Statutes, Section 556.102, then such membership shall, ipso
facto and without more, cancel, nullify and revoke this Permit.
21. In consideration of the grant of this Permit, Permittee, if a public or private body
with the power of eminent domain, expressly waives and relinquishes any power
of eminent domain or condemnation of the property as to which this Permit
applies for the use for which the Permit is granted. This clause shall survive
termination or expiration of this Permit.
4
IN WITNESS WHEREOF, said District has caused these presents to be
executed in its name by its Secretary and its corporate seal hereto affixed, by due
authority of its Board of Supervisors, this _ day of .... _.... , 2026.
Signed, sealed and delivered
in the presence of:
as to District
INDIAN RIVER FARMS WATER
CONTROL DISTRICT
By:
David E. Gunter, Secretary
(SEAL)
Permittee hereby accepts the terms of this Permit, and covenants and agrees that it
will comply with the terms and conditions of this Permit.
•"'pb1 MIS"'
S '
Dated this 5th day of May , 2026. .•��y .f4 -••
INDIANRIVER CO fNTY.
By: :' Q
Chairman ' 2
Date signed: May 5, 2026 �y9i�ERCO�N
By: ft,J
Clelk of the Circuit Court & Comptroller
APPROV
By:
.z�
unty A inistrator
Approved as to Form and Legal Sufficiency
(10
By: _
q.\jV�Coun orney
7
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC -7)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
, 2026 by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT, a drainage district organized and existing under the General Drainage Laws
of the State of Florida, whose address is 7305 4`h Street, Vero Beach, Florida, hereinafter
referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision
of the State of Florida, hereinafter referred to as the "Permittee".
NOW, THEREFORE, the District does hereby grant unto the Permittee a permit
for a period of sixty (60) months from January 1, 2026, until December 31, 2030, unless
sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and
repair a 10" diameter sanitary sewer force main on, over and across District right-of-way
on the northerly right-of-way of Lateral B-10 Canal between 61 Avenue SW and Sunrise
Drive, for approximately 1,500 lineal feet at the locations and in accordance with the
plans and specifications prepared by Masteller & Moler, Inc. Engineering, Plan Sheets
33A And 33B of 39, attached hereto and marked "Exhibit A" and signed by the parties
and, by reference, made a part hereof, together with the right of ingress and egress on and
over the property at said locations; provided, however, that as a condition precedent to
the rights herein granted, Permittee agrees to and with the District as follows:
I . That the construction and installation of force main shall be in exact conformity
with the plans prepared by Masteller & Moler Associates, Inc. marked "Exhibit
A".
2. The rights shall extend only for force main used exclusively by Indian River
County (unless otherwise agreed to by District) and belonging to the Permittee
and the Permittee shall not have any right to assign or sublet this Permit or any
part thereof unto a third party.
3. Permittee assumes full responsibility for the construction, operation and
maintenance of said force main and shall save and hold harmless District from
any expense, loss, damage or claim in regard thereto, and the District assumes and
shall have no liability in connection therewith. The parties having expressly
negotiated to allocate all risk and expense in connection therewith to Permittee.
4. That this Permit is subject always to the paramount right of the District to keep
and maintain its drainage district functions and operations, and is subject to
revocation and cancellation upon sixty days' notice from District to the Permittee.
5. Solely to the extent permitted by Florida law, and in no event greater than the
limits set forth in Florida Statutes, Section 768.28, the Permittee agrees to
indemnify the District, its agents, officers, and employees against all claims,
losses, and liabilities, (specifically excluding attorneys' fees and expenses) caused
solely by the negligent acts or omissions of the Permittee, its employees, and
elected officials arising out of, under, or in connection with, the Permittee's
performance under this Agreement. Nothing contained herein shall be deemed or
construed to provide, directly or indirectly, an indemnity from the Permittee for
any negligent acts or omissions of the Districts, its agents and employees arising
out of, under, or in connection with this Agreement.
6. Permittee is cautioned that electrical, water, sewer, gas or other installations or
utilities may be located within the permit area, and Permittee shall use diligent
efforts to first detect and locate all such installations and shall coordinate
construction with all other lawful users of said right-of-way. Permittee shall be
liable for all damages proximately resulting from its interference with or
interruption of services provided by other lawful right-of-way users.
7. The District may, on sixty (60) days' written notice to the Permittee, require
cessation of use into District's facilities, removal or alteration of any installation
or construction on District right-of-way.
8. Any construction on District right-of-way or property and cleanup shall be
completed promptly by Permittee and in a workmanlike manner with minimum
disturbance to existing berm, channel slopes and grade with proper restoration and
planting of any disturbed areas to prevent erosion within ten days after completion
of construction or installation.
9. The Permittee shall at all times maintain markers above ground at 100 foot
intervals to show the location of any underground objects. The force main shall
be so constructed and installed to permit the crossing of heavy equipment used by
the District for the maintenance of its laterals, sublaterals and canals and for any
similar heavy equipment used by land owners within the District. In any case
where the force main crosses a pipe or culvert used for drainage or irrigation
purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of
adjacent lands, and the same is deemed by District or an adjacent landowner to be
required to be installed, repaired or replaced, then upon twenty-four (24) hours'
notice, Permittee shall, at Permittee's sole cost and expense, be available at the
location of, and undertake such installation, repair, replacement with personnel
and equipment to insure that the force main does not endanger or prevent the
installation, repair, replacement or use of pipes or culverts for drainage or
irrigation purposes. The District has the right to determine the exact location of
the force main within the said right-of-way in order that the location of same shall
not interfere with the District's functions and operations and of the District land
owners.
10. Permittee shall advise District's office prior to commencement or completion of
all construction.
11. Permittee shall not discharge any pollutants, contaminants or deleterious materials
into waters or structures owned or maintained by, or subject to the jurisdiction of
District, nor permit anything to obstruct the flow of water, and shall save and hold
District harmless from any expense, loss or damage to District or others by any
such discharge or obstruction, remedying or removing the same immediately upon
request by District.
2
12. This Permit shall exist only so long as Permittee may be in full compliance with
all requirements of the Department of Environmental Protection for the State of
Florida, as such requirements relate to this project, and if, at any time, the
Permittee shall fail to meet such requirements, then this Permit shall, ipso facto,
immediately become null and void.
13. Permittee, as a condition to the continuance of this Permit, shall reimburse
District, immediately on demand, for any reasonable fees for testing or other
professional services, costs or expenses to District associated with or arising from
Permittee's use of District right-of-way.
14. Permittee's obligations under this permit are limited to the extent permitted by
Florida law, and in no event greater than the limits set forth in Florida Statutes,
Section 768.28.
15. The Permittee shall pay to the District an annual rental of Four Hundred Twenty
and No/100 Dollars ($420.00), payable in advance; effective on each anniversary
date hereof, notwithstanding the term may exceed 12 months, the annual fee may
be subject to increase to reflect increases in costs to District of permitting the use
of its rights of way, by others. In addition to the permit fee payable hereunder, if
the permit applied for or the use for which the permit is granted requires
engineering or legal work for purposes of processing and approval by District,
then Permittee shall pay promptly when invoiced all engineering and legal fees
incurred by District in connection herewith and shall indemnify District for the
same, saving and holding District harmless from any liability in connection
therewith.
16. This Permit shall be effective January 1, 2026 and continue until December 31,
2030, unless sooner terminated as provided herein.
17. In the event that this Permit is canceled or terminated, the Permittee shall, at its
expense, promptly remove the sewer force main from the right-of-way of the
District.
18. This Permit shall be considered to be a license only, for the limited purpose of
installation, placement and maintenance of the improvements specified on the
face hereof, and does not convey any other right, title or interest of the District in
the subject right-of-way property.
19. Permittee assumes full responsibility for any construction, operation or
maintenance on District property or right-of-way subject to the Permit and
understands and agrees that Permittee's use of District property for Permittee's
purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's
property, installations, facilities or personnel while on District property or right-
of-way, regardless of the cause of the same, including, without limitation,
negligence or want or care on the part of District, its agents or employees,
whether by reason of the provisions of Chapter 556, Florida Statutes, or
otherwise, is Permittee's and not District's and, as a condition of this Permit,
Permittee promises, covenants and agrees that neither Permittee, nor anyone
3
claiming by, through or under Permittee, shall have any claim or cause of action
against District by reason of such loss or damage. The parties hereto further
acknowledge and agree that District has no obligation to allow Permittee to enter
upon or use District's property or right-of-way, and does so only in consideration
of Permittee's release of District from any responsibility or liability whatsoever,
now or in the future, and Permittee agrees; [ ] that it is able, at its own expense, to
insure against loss or damage, without granting any right of subrogation to claims
against District or [ ] Permittee is a self -insurer, warranting and representing to
District that Permittee assumes all risk of loss or damage, and shall save and hold
harmless District from any expense, loss, damage or claim in regard thereto, and
the District assumes and shall have no liability in connection therewith including,
without limitation, attorneys' fees, fines and penalties.
19. This Permit may not be assigned or subletted to a third part and any transfer of
Permittee's property abutting District's property or right-of-way shall, ipso facto
and without more, cancel, nullify and revoke this Permit.
20. Should Permittee, during the term hereof, become a "member operator", as
defined by Florida Statutes, Section 556.102, then such membership shall, ipso
facto and without more, cancel, nullify and revoke this Permit.
21. In consideration of the grant of this Permit, Permittee, if a public or private body
with the power of eminent domain, expressly waives and relinquishes any power
of eminent domain or condemnation of the property as to which this Permit
applies for the use for which the Permit is granted. This clause shall survive
termination or expiration of this Permit.
4
IN WITNESS WHEREOF, said District has caused these presents to be executed in its
name by its Secretary and its corporate seal hereto affixed, by due authority of its Board
of Supervisors, this _ day of , 2026.
Signed, sealed and delivered
In the presence of:
as to District
INDIAN RIVER FARMS WATER
CONTROL DISTRICT
By:
David E. Gunter, Secretary
(SEAL)
Permittee hereby accepts the terms of this Permit, and covenants and agrees that it
will comply with the terms and conditions of this Permit.
'" ................%Ml
Dated this 5th day of Maar , 2026. �y....•••...S/0 .
INDIAN RIVER COU
By: ;oQ
Chairman
Date Signed: May 5 s 2026 ` •.!SER l OUN••"
By:
Clerk bf the Circuit Court & Comptroller
APAPRO unty dministrator
App ed as to Form and Legal Sufficiency
By:
��Co ttorney
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC -8)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
., 2026 by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT, a drainage district organized and existing under the General Drainage Laws
of the State of Florida, whose address is 7305 401 Street, Vero Beach, Florida, hereinafter
referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision
of the State of Florida, hereinafter referred to as the "Permittee".
NOW, THEREFORE, the District does hereby grant unto the Permittee a permit
for a period of sixty (60) months from January 1, 2026, unless sooner terminated as
hereinafter provided, to construct, maintain, inspect, operate and repair a re -use force
main on, over and across District right-of-way of the Lateral "G" Canal from the South
line of the Northwest '/4 of Section 15, Township 32 South, Range 39 East (Storm Grove
Road -57'x' Street), northerly to the North line of Section 4, Township 32 South, Range 39
East (Hobart Road -770' Street) for 15,181 lineal feet (2.875 miles) in accordance with the
plans and specifications for Indian River County Project No. US -95 -24 -DC, entitled
"Wastewater Interconnect for Hobart to Gifford W.W.T.P.'S", prepared by Carter
Associates Inc., and dated September 10, 1996, made a part hereof by reference, together
with the right of ingress and egress on and over the property at said locations; provided,
however, that as a condition precedent to the rights herein granted, Permittee agrees to
and with the District as follows:
That the construction and installation of force main shall be in exact conformity
with the plans prepared by Carter Associates, Inc., as described above.
2. The rights shall extend only for force main used exclusively by Indian River
County (unless otherwise agreed to by District) and belonging to the Permittee
and the Permittee shall not have any right to assign or sublet this Permit or any
part thereof unto a third party.
3. Permittee assumes full responsibility for the construction, operation and
maintenance of said force main and shall save and hold harmless District from
any expense, loss, damage or claim in regard thereto, and the District assumes and
shall have no liability in connection therewith. The parties having expressly
negotiated to allocate all risk and expense in connection therewith to Permittee.
4. That this Permit is subject always to the paramount right of the District to keep
and maintain its drainage district functions and operations, and is subject to
revocation and cancellation upon sixty days' notice from District to the Permittee.
5. Solely to the extent permitted by Florida law, and in no event greater than the
limits set forth in Florida Statutes, Section 768.28, the Permittee agrees to
indemnify the District, its agents, officers, and employees against all claims,
losses, and liabilities, (specifically excluding attorneys' fees and expenses) caused
solely by the negligent acts or omissions of the Permittee, its employees and
elected officials arising out of, under, or in connection with, the Permittee's
performance under this Agreement. Nothing contained herein shall be deemed or
construed to provide, directly or indirectly, an indemnity from the Permittee for
any negligent acts or omissions of the District, its agents and employees arising
out of, under, or in connection with this Agreement.
6. Permittee is cautioned that electrical, water, sewer, gas or other installations or
utilities may be located within the permit area, and Permittee shall use diligent
efforts to first detect and locate all such installations and shall coordinate
construction with all other lawful users of said right-of-way. Permittee shall be
liable for all damages proximately resulting from its interference with or
interruption of services provided by other lawful right-of-way users.
7. The District may, on sixty (60) days' written notice to the Permittee, require
cessation of use into District's facilities, removal or alteration of any installation
or construction on District right-of-way.
8. Any construction on District right-of-way or property and cleanup shall be
completed promptly by Permittee and in a workmanlike manner with minimum
disturbance to existing berm, channel slopes and grade with proper restoration and
planting of any disturbed areas to prevent erosion within ten days after completion
of construction or installation.
9. The Permittee shall at all times maintain markers above ground at 100 foot
intervals to show the location of any underground objects. The force main shall
be constructed and installed to permit the crossing of heavy equipment used by
the District for the maintenance of its laterals, sublaterals and canals and for any
similar heavy equipment used by land owners within the District. In any case
where the force main crosses a pipe or culvert used for drainage or irrigation
purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of
adjacent lands, and the same is deemed by District or an adjacent landowner to be
required to be installed, repaired or replaced, then upon twenty-four (24) hours'
notice, Permittee shall, at Petmittee's sole cost and expense, be available at the
location of, and arrange for such installation, repair or replacement with personnel
and equipment to insure that the force main does not endanger or prevent the
installation, repair, replacement or use of pipes or culverts for drainage or
irrigation purposes. The District has the right to determine the exact location of
the force main within the said right-of-way in order that the location of name shall
not interfere with the District's functions and operations and of the District land
owners.
10. Permittee shall advise District's office prior to commencement or completion of
all construction.
11. Permittee shall not discharge any pollutants, contaminants or deleterious materials
into waters or structures owned or maintained by, or subject to the jurisdiction of
District, nor permit anything to obstruct the flow of water, and shall save and hold
District harmless from any expense, loss or damage to District or others by any
such discharge or obstruction, remedying or removing the same immediately upon
request by District.
2
12. This Permit shall exist only so long as Permittee may be in full compliance with
all requirements of the Department of Environmental Protection for the State of
Florida, as such requirements relate to this project, and if, at any time, the
Permittee shall fail to meet such requirements, then this Permit shall, ipso facto,
immediately become null and void.
13. Permittee, as a condition to the continuance of this Permit, shall reimburse
District, immediately on demand, for any reasonable fees for testing or other
professional services, costs or expenses to District associated with or arising from
Permittee's use of District right-of-way.
14. Permittee's obligations under this permit are limited to the extent permitted by
Florida law, and in no event greater than the limits set forth in Florida Statutes,
Section 768.28.
15. The Permittee shall pay to the District an annual rental of Four Thousand Three
Hundred Twelve and 50/100 Dollars ($4,312.50), based on a charge of $1,500.00
per lineal mile, payable in advance; effective on each anniversary date hereof,
notwithstanding the term may exceed 12 months, the annual fee may be subject to
increase to reflect increases in costs to District of permitting the use of its rights
of way, by others. In addition to the permit fee payable hereunder, if the permit
applied for or the use for which the permit is granted requires engineering or legal
work for purposes of processing and approval by District, then Permittee shall pay
promptly when invoiced all engineering and legal fees incurred by District in
connection herewith and shall indemnify District for the same, saving and holding
District harmless from any liability in connection therewith.
16. This Permit shall be effective January 1, 2026 and continue for a period of sixty
(60) months unless sooner terminated as provided herein.
17. In the event that this Permit is canceled or terminated, the Permittee shall, at its
expense, promptly remove the sewer force main from the right-of-way of the
District.
18. This Permit shall be considered to be a license only, for the limited purpose of
installation, placement and maintenance of the improvements specified on the
face hereof, and does not convey any other right, title or interest of the District in
the subject right-of-way property.
19. Permittee assumes full responsibility for any construction, operation or
maintenance on District property or right-of-way subject to the Permit and
understands and agrees that Permittee's use of District property for Permittee's
purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's
property, installations, facilities or personnel while on District property or right-
of-way, regardless of the cause of the same, including, without limitation,
negligence or want or care on the part of District, its agents or employees,
whether by reason of the provisions of Chapter 556, Florida Statutes, or
otherwise, is Permittee's and not District's and, as a condition of this Permit,
Permittee promises, covenants and agrees that neither Permittee, nor anyone
3
claiming by, through or under Permittee, shall have any claim or cause of action
against District by reason of such loss or damage. The parties hereto further
acknowledge and agree that District has no obligation to allow Permittee to enter
upon or use District's property or right-of-way, and does so only in consideration
of Permittee's release of District from any responsibility or liability whatsoever,
now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to
insure against loss or damage, without granting any right of subrogation to claims
against District, or [ ] Permittee is a self -insurer, warranting and representing to
District that Permittee assumes all risk of loss or damage, and shall save and hold
harmless District from any expense, loss, damage or claim in regard thereto, and
the District assumes and shall have no liability in connection therewith including,
without limitation, attorneys' fees, fines and penalties.
20. This Permit may not be assigned or subletted to a third part and any transfer of
Permittee's property abutting District's property or right-of-way shall, ipso facto
and without more, cancel, nullify and revoke this Permit.
21. Should Permittee, during the tern hereof, become a "member operator", as
defined by Florida Statutes, Section 556.102, then such membership shall, ipso
facto and without more, cancel, nullify and revoke this Permit.
22. In consideration of the grant of this Permit, Permittee, if a public or private body
with the power of eminent domain, expressly waives and relinquishes any power
of eminent domain or condemnation of the property as to which this Permit
applies for the use for which the Permit is granted. His clause shall survive
termination or expiration of this Permit.
IN WITNESS WHEREOF, said District has caused these presents to be
executed in its name by its Secretary and its corporate seal hereto affixed, by due
authority of its Board of Supervisors, this _ day of _, 2026.
Signed, sealed and delivered
in the presence of:
as to District
INDIAN RIVER FARMS WATER
CONTROL DISTRICT
By:
David E. Gunter, Secretary
(SEAL)
Permittee hereby accepts the terms of this Permit, and covenants and agrees that it
will comply with the terns and conditions of this Permit.
Dated this 5th day of May , 2026.
INDIAN RIVER COUNTY
By: +
Chairman '
Date Signed: May 5, 2026''`•...Rj�FR�o�Nt
4
By: 9da -,k 1,�&
Clerk bf the Circuit Court & Comptroller
APPROV
Bk1ty:
ounty AdAiinistrator
ApproW.ved as to and Legal Sufficiency
By:
Co Attorney
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC -9)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
,2026 by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT, a drainage district organized and existing under the General Drainage Laws
of the State of Florida, whose address is 7305 4s' Street, Vero Beach, Florida, hereinafter
referred to as the "District", and INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as the "Permittee".
NOW, THEREFORE, the District does hereby grant unto the Permittee a permit
for a period of sixty (60) months from January 1, 2026, unless sooner terminated as
hereinafter provided, to construct, maintain, inspect, operate and repair a 16" diameter
PVC sanitary sewer force main on, over and across District right-of-way crossing the
Lateral "H" Canal at the east side and adjacent to pre-existing 16" diameter reuse force
main for 1490 lineal feet (0.282 miles) at the locations and in accordance with the plans
and specifications attached hereto and marked "Exhibit A" and signed by the parties and,
by reference, made a part hereof, together with the right of ingress and egress on and over
the property at said locations; provided, however, that as a condition precedent to the
rights herein granted, Permittee agrees to and with the District as follows:
1. That the construction and installation of force main shall be in exact conformity
with the plans prepared by Masteller & Moler Associates, Inc., marked "Exhibit
A".
2. The rights shall extend only for force main used exclusively by Indian River
County (unless otherwise agreed to by District) and belonging to the Permittee
and the Permittee shall not have any right to assign or sublet this Permit or any
part thereof unto a third party.
3. Permittee assumes full responsibility for the installation, operation and
maintenance of said force main and shall expressly assume all risk of loss to or in
connection with the same, including without limitation any expense, loss, damage
or claim from any cause whatsoever, and the District assumes and shall have no
liability or responsibility in connection therewith. The parties having expressly
negotiated to allocate all risk and expense in connection therewith to Permittee.
4. That this Permit is subject always to the paramount right of the District to keep
and maintain its drainage district and water control functions and operations, and
is subject to revocation and cancellation upon sixty days' notice from District to
the Permittee.
5. Solely to the extent permitted by Florida law, and in no event greater than the
limits set forth in Florida Statutes Section 768.28, the Permittee agrees to
indemnify the District, its agents, officers, and employees against all claims,
losses, and liabilities, (specifically excluding attorneys' fees and expenses) caused
solely by the negligent acts or omissions of the Permittee, its employees, and
elected officials arising out of, under, or in connection with, the Permittee's
performance under this Agreement. Nothing contained herein shall be deemed or
1
construed to provide, directly or indirectly, an indemnity from the Permittee for
any negligent acts or omissions of the District, its agents and employees arising
out of, under, or in connection with this Agreement.
6. Permittee is cautioned that electrical, water, sewer, gas or other installations or
utilities may be located within the permit area, and Permittee shall use diligent
efforts to first detect and locate all such installations and shall coordinate
construction with all other lawful users of said right-of-way. Permittee shall be
liable for all damages proximately resulting from its interference with or
interruption of services provided by other lawful right-of-way users.
7. The District may, on sixty (60) days' written notice to the Permittee, require
cessation of use into District's facilities, removal or alteration of any installation
or construction on District right-of-way.
8. Any construction on District right-of-way or property and cleanup shall be
completed promptly by Permittee and in a workmanlike manner with minimum
disturbance to existing berm, channel slopes and grade with proper restoration and
planting of any disturbed areas to prevent erosion within ten days after completion
of construction or installation.
9. The Permittee shall at all times maintain markers above ground at 100 foot
intervals to show the location of any underground objects. The force main shall
be so constructed and installed to permit the crossing of heavy equipment used by
the District for the maintenance of its laterals, sublaterals and canals and for any
similar heavy equipment used by land owners within the District. In any case
where the force main crosses a pipe or culvert used for drainage or irrigation
purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of
adjacent lands, and the same is deemed by District or an adjacent landowner to be
required to be installed, repaired or replaced, then upon twenty-four (24) hours'
notice, Permittee shall, at Permittee's sole cost and expense, be available at the
location of, and arrange for such installation, repair or replacement with personnel
and equipment to insure that the force main does not endanger of prevent the
installation, repair, replacement or use of pipes or culverts for drainage or
irrigation purposes. The District has the right to determine the exact location of
the force main within the said right-of-way in order that the location of name shall
not interfere with the District's functions and operations and of the District land
owners.
10. Permittee shall advise District's office prior to commencement or completion of
all construction.
11. Permittee shall not discharge any pollutants, contaminants or deleterious materials
into waters or structures owned or maintained by, or subject to the jurisdiction of
District, nor permit anything to obstruct the flow of water, and shall save and hold
District harmless from any expense, loss or damage to District or others by any
such discharge or obstruction, remedying or removing the same immediately upon
request by District.
2
12. This Permit shall exist only so long as Permittee may be in full compliance with
all requirements of the Department of Environmental Protection for the State of
Florida, as such requirements relate to this project, and if, at any time, the
Permittee shall fail to meet such requirements, then this Permit shall, ipso facto,
immediately become null and void.
13. Permittee, as a condition to the continuance of this Permit, shall reimburse
District, immediately on demand, for any reasonable fees for testing or other
professional services, costs or expenses to District associated with or arising from
Permittee's use of District right-of-way.
14. Permittee's obligations under this permit are limited to the extent permitted by
Florida law, and in no event greater than the limits set forth in Florida Statutes,
Section 768.28.
15. The Permittee shall pay to the District an annual rental of Four Hundred Twenty
Three and 00/100 Dollars ($423.00), payable in advance; effective on each
anniversary date hereof, notwithstanding the term may exceed 12 months, the
annual fee may be subject to increase to reflect increases in costs to District of
permitting the use of its rights of way, by others. In addition to the permit fee
payable hereunder, if the permit applied for or the use for which the permit is
granted requires engineering or legal work for purposes of processing and
approval by District, then Permittee shall pay promptly when invoiced all
engineering and legal fees incurred by District in connection herewith and shall
indemnify District for the same, saving and holding District harmless from any
liability in connection therewith.
15. This Permit shall be effective January 1, 2026 and continue for a period of sixty
(60) months unless sooner terminated as provided herein.
16. In the event that this Permit is canceled or terminated, the Permittee shall, at its
expense, promptly remove the sewer force main from the right-of-way of the
District.
17. This Permit shall be considered to be a license only, for the limited purpose of
installation, placement and maintenance of the improvements specified on the
face hereof, and does not convey any other right, title or interest of the District in
the subject right-of-way property.
18. Permittee assumes full responsibility for any construction, operation or
maintenance on District property or right-of-way subject to the Permit and
understands and agrees that Permittee's use of District property for Permittee's
purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's
property, installations, facilities or personnel while on District property or right-
of-way, from any cause whatsoever, whether by reason of the provisions of
Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and,
as a condition of this Permit, Permittee promises, covenants and agrees that
neither Permittee, nor anyone claiming by, through or under Permittee, shall have
any claim or cause of action against District by reason of such loss or damage.
3
The parties hereto further acknowledge and agree that District has no obligation to
allow Permittee to enter upon or use District's property or right-of-way, and does
so only in consideration of Permittee's release of District from any responsibility
or liability whatsoever, now or in the future, and Permittee agrees: [ ] that it is
able, at its own expense, to insure against loss or damage, without granting any
right of subrogation to claims against District, or [ ] Permittee is a self -insurer,
warranting and representing to District that Permittee assumes all risk of loss or
damage, and shall save and hold harmless District from any expense, loss,
damage or claim in regard thereto, and the District assumes and shall have no
liability in connection therewith including, without limitation, attorneys' fees,
fines and penalties.
19. This Permit may not be assigned or subletted to a third part and any transfer of
Permittee's property abutting District's property or right-of-way shall, ipso facto
and without more, cancel, nullify and revoke this Permit.
20. Should Permittee, during the term hereof, become a "member operator", as
defined by Florida Statutes, Section 556.102, then such membership shall, ipso
facto and without more, cancel, nullify and revoke this Permit.
21. In consideration of the grant of this Permit, Permittee, if a public or private body
with the power of eminent domain, expressly waives and relinquishes any power
of eminent domain or condemnation of the property as to which this Permit
applies for the use for which the Permit is granted. His clause shall survive
termination or expiration of this Permit.
El
IN WITNESS WHEREOF, said District has caused these presents to be executed in its
name by its Secretary and its corporate seal hereto affixed, by due authority of its Board
of Supervisors, this _ day of , 2026.
Signed, sealed and delivered
In the presence of:
INDIAN RIVER FARMS WATER
CONTROL DISTRICT
as to District By:
David E. Gunter, Secretary
(SEAL)
Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will
comply with the terms and conditions of this Permit.
Dated this ___day of , 2026.
INDIAN RIVER COUNTY
By:
Chairman
Date Signed:
By:
Clerk of the Circuit Court & Comptroller
APPRO
By:
ounty dministrator
ApproKd as to Fmm and Legal. Sufficiency
Co y ttorney
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC -10)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
,2026 by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT, a drainage district organized and existing under the General Drainage Laws
of the State of Florida, whose address is 7305 4`s Street, Vero Beach, Florida, hereinafter
referred to as the "District", and INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as the "Permittee".
NOW, THEREFORE, the District does hereby grant unto the Permittee a permit
for a period of sixty (60) months from January 1, 2026, unless sooner terminated as
hereinafter provided, to construct, maintain, inspect, operate and repair a 24" diameter
PVC sanitary sewer force main on, over and across District right-of-way within and along
the Lateral `B" Canal right-of-way for the 1.5 lineal mile section located from 8' Street
to 5s' Street S.W. together with the right of ingress and egress on and over the property at
said locations; provided, however, that as a condition precedent to the rights herein
granted, Permittee agrees to and with the District as follows:
1. That the construction and installation of force main shall be in exact conformity
with the plans prepared by Kimley-Horn & Associates Inc., marked "Exhibit A".
2. The rights shall extend only for force main used exclusively by Indian River
County (unless otherwise agreed to by District) and belonging to the Permittee
and the Permittee shall not have any right to assign or sublet this Permit or any
part thereof unto a third party.
3. Permittee assumes full responsibility for the installation, operation and
maintenance of said force main and shall expressly assume all risk of loss to or in
connection with the same, including without limitation any expense, loss, damage
or claim from any cause whatsoever, and the District assumes and shall have no
liability or responsibility in connection therewith. The parties having expressly
negotiated to allocate all risk and expense in connection therewith to Permittee.
4. That this Permit is subject always to the paramount right of the District to keep
and maintain its drainage district and water control functions and operations, and
is subject to revocation and cancellation upon sixty days' notice from District to
the Permittee.
5. Solely to the extent permitted by Florida law, and in no event greater than the
limits set forth in Florida Statutes Section 768.28, the Permittee agrees to
indemnify the District, its agents, officers, and employees against all claims,
losses, and liabilities, (specifically excluding attorneys' fees and expenses) caused
solely by the negligent acts or omissions of the Permittee, its employees, and
elected officials arising out of, under, or in connection with, the Permittee's
performance under this Agreement. Nothing contained herein shall be deemed or
construed to provide, directly or indirectly, an indemnity from the Permittee for
any negligent acts or omissions of the District, its agents and employees arising
out of, under, or in connection with this Agreement.
6. Permittee is cautioned that electrical, water, sewer, gas or other installations or
utilities may be located within the permit area, and Permittee shall use diligent
efforts to first detect and locate all such installations and shall coordinate
construction with all other lawful users of said right-of-way. Permittee shall be
liable for all damages proximately resulting from its interference with or
interruption of services provided by other lawful right-of-way users.
7. The District may, on sixty (60) days' written notice to the Permittee, require
cessation of use into District's facilities, removal or alteration of any installation
or construction on District right-of-way.
8. Any construction on District right-of-way or property and cleanup shall be
completed promptly by Permittee and in a workmanlike manner with minimum
disturbance to existing berm, channel slopes and grade with proper restoration and
planting of any disturbed areas to prevent erosion within ten days after completion
of construction or installation.
9. The Permittee shall at all times maintain markers above ground at 100 foot
intervals to show the location of any underground objects. The force main shall
be so constructed and installed to permit the crossing of heavy equipment used by
the District for the maintenance of its laterals, sublaterals and canals and for any
similar heavy equipment used by land owners within the District. In any case
where the force main crosses a pipe or culvert used for drainage or irrigation
purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of
adjacent lands, and the same is deemed by District or an adjacent landowner to be
required to be installed, repaired or replaced, then upon twenty-four (24) hours'
notice, Permittee shall, at Permittee's sole cost and expense, be available at the
location of, and undertake such installation, repair or replacement with personnel
and equipment to insure that the force main does not endanger or prevent the
installation, repair, replacement or use of pipes or culverts for drainage or
irrigation purposes. The District has the right to determine the exact location of
the force main within the said right-of-way in order that the location of name shall
not interfere with the District's functions and operations and of the District land
owners.
10. Permittee shall advise District's office prior to commencement or completion of
all construction.
11. Permittee shall not discharge any pollutants, contaminants or deleterious materials
into waters or structures owned or maintained by, or subject to the jurisdiction of
District, nor permit anything to obstruct the flow of water, and shall save and hold
District harmless from any expense, loss or damage to District or others by any
such discharge or obstruction, remedying or removing the same immediately upon
request by District.
12. This Permit shall exist only so long as Permittee may be in full compliance with
all requirements of the Department of Environmental Protection for the State of
Florida, as such requirements relate to this project, and if, at any time, the
2
Permittee shall fail to meet such requirements, then this Permit shall, ipso facto,
immediately become null and void.
13. Permittee, as a condition to the continuance of this Permit, shall reimburse
District, immediately on demand, for any reasonable fees for testing or other
professional services, costs or expenses to District associated with or arising from
Permittee's use of District right-of-way.
14. Permittee's obligations under this permit are limited to the extent permitted by
Florida law, and in no event greater than the limits set forth in Florida Statutes,
Section 768.28.
15. The Permittee shall pay to the District an annual rental of Two Thousand Two
Hundred Fifty and 00/100 Dollars ($2,250.00), payable in advance, representing
One Thousand Five Hundred and 00/100 Dollars ($1,500.00) per lineal mile;
effective on each anniversary date hereof, notwithstanding the term may exceed
12 months, the annual fee may be subject to increase to reflect increases in costs
to District of permitting the use of its rights of way, by others. In addition to the
permit fee payable hereunder, if the permit applied for or the use for which the
permit is granted requires engineering or legal work for purposes of processing
and approval by District, then Permittee shall pay promptly when invoiced all
engineering and legal fees incurred by District in connection herewith and shall
indemnify District for the same, saving and holding District harmless from any
liability in connection therewith.
16. This Permit shall be effective January 1, 2026 and continue for a period of sixty
(60) months unless sooner terminated as provided herein.
17. In the event that this Permit is canceled or terminated, the Permittee shall, at its
expense, promptly remove the sewer force main from the right-of-way of the
District.
18. This Permit shall be considered to be a license only, for the limited purpose of
installation, placement and maintenance of the improvements specified on the
face hereof, and does not convey any other right, title or interest of the District in
the subject right-of-way property.
19. Permittee assumes full responsibility for any construction, operation or
maintenance on District property or right-of-way subject to this Permit and
understands and agrees that Permittee's use of District property for Pernittee's
purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's
property, installations, facilities or personnel while on District property or right-
of-way, from any cause whatsoever, whether by reason of the provisions of
Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and,
as a condition of this Permit, Permittee promises, covenants and agrees that
neither Permittee, nor anyone claiming by, through or under Permittee, shall have
any claim or cause of action against District by reason of such loss or damage.
The parties hereto further acknowledge and agree that District has no obligation to
allow Permittee to enter upon or use District's property or right-of-way, and does
3
so only in consideration of Permittee's release of District from any responsibility
or liability whatsoever, now or in the future, and Permittee agrees: [ ) that it is
able, at its own expense, to insure against loss or damage, without granting any
right of subrogation to claims against District, or [ ) Permittee is a self -insurer,
warranting and representing to District that Permittee assumes all risk of loss or
damage, and shall save and hold harmless District from any expense, loss,
damage or claim in regard thereto, and the District assumes and shall have no
liability in connection therewith including, without limitation, attorneys' fees,
fines and penalties.
20. This Permit may not be assigned or subletted to a third part and any transfer of
Permittee's property abutting District's property or right-of-way shall, ipso facto
and without more, cancel, nullify and revoke this Permit.
21. Should Permittee, during the term hereof, become a "member operator", as
defined by Florida Statutes, Section 556.102, then such membership shall, ipso
facto and without more, cancel, nullify and revoke this Permit.
22. in consideration of the grant of this Permit, Permittee, if a public or private body
with the power of eminent domain, expressly waives and relinquishes any power
of eminent domain or condemnation of the property as to which this Permit
applies for the use for which the Permit is granted. This clause shall survive
termination or expiration of this Permit.
4
IN WITNESS WHEREOF, said District has caused these presents to be executed in its
name by its Secretary and its corporate seal hereto affixed, by due authority of its Board
of Supervisors, this day of , 2026.
Signed, sealed and delivered
In the presence of:
INDIAN RIVER FARMS WATER
CONTROL DISTRICT
as to District By:
David E. Gunter, Secretary
(SEAL)
Permittee hereby accepts the terms of this Permit, and covenants and agrees that it
will comply with the terms and conditions of this Permit.
Dated this day of , 2026.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By:
Chairman
Date Signed:
By:
Clerk of the Circuit Court & Comptroller
APPRO
By:
ounty Administrator
Z
Approved as to Form and Legal Sufficiency
By' - —
o n Attorney
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC-11)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
,2026 by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT, a drainage district organized and existing under the General Drainage Laws
of the State of Florida, whose address is 7305 4t' Street, Vero Beach, Florida, hereinafter
referred to as the "District", and INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as the "Permittee".
NOW, THEREFORE, the District does hereby grant unto the Permittee a permit
for a period of sixty (60) months from January 1, 2026, unless sooner terminated as
hereinafter provided, to maintain, inspect, operate and repair sanitary sewer force mains
and appurtenances on, over and across the South four feet (4') of the Main Canal right-of-
way, at the locations and in accordance with the plans and specifications attached hereto
and marked "Exhibit A" and signed by the parties and, by reference, made apart hereof,
together with the right of ingress and egress on and over the property at said locations;
provided, however, that as a condition precedent to the rights herein granted, Permittee
agrees to and with the District as follows:
1. That the construction and installation of force mains is in exact conformity
with the plans marked "Exhibit A".
2. The rights shall extend only for force mains used exclusively by the Permittee
(unless otherwise agreed to by District) and belonging to the Permittee and the Permittee
shall not have any right to assign or sublet this Permit or any part thereof unto a third
party.
3. Permittee assumes full responsibility for the operation and maintenance of said
force main and shall save and hold harmless District from any expense, loss, damage or
claim in regard thereto, and the District assumes and shall expressly assume all risk of
loss to or in connection with the same, including without limitation, any expense, loss,
damage or claim from any cause whatsoever and the District assumes and shall have no
liability in connection therewith. The parties having expressly negotiated to allocate all
risk and expense in connection therewith to Permittee.
4. That this Permit is subject always to the paramount right of the District to keep
and maintain its drainage district functions and operations, and is subject to revocation
and cancellation upon sixty days' notice from District to the Permittee.
5. Solely to the extent permitted by Florida law, and in no event greater than the
limits set forth in Florida Statues, Section 768.28, the Permittee agrees to indemnify the
District, its agents, officers, supervisors, and employees against all claims, losses and
liabilities, (specifically excluding attorney's fees and expenses) caused solely by the
negligent acts or omissions of the Permittee, its employees and elected officials
performance under this agreement. Nothing contained herein shall be deemed or
construed to provide, directly or indirectly, an indemnity from the Permittee for any
negligent acts or omissions of the District, its agents an employees arising out of, under,
or in connection with this agreement.
6. Permittee is cautioned that electrical, water, sewer, gas or other installations or
utilities may be located within the permit area, and Permittee shall use diligent efforts to
first detect and locate all such installations and shall coordinate construction with all
other lawful users of said right-of-way. Permittee shall be liable for all damages
proximately resulting from its interference with or interruption of services provided by
other lawful right-of-way users.
7. The District may, on sixty (60) days' written notice to the Permittee, require
cessation of use into District's facilities, removal or alteration of any installation or
construction on District right-of-way.
8. Any construction on District right-of-way or property and cleanup shall be
completed promptly by Permittee and in a workmanlike manner with minimum
disturbance to existing berm, channel slopes and grade with proper restoration and
planting of any disturbed areas to prevent erosion within ten days after completion of
construction or installation.
9. The Permittee shall at all times maintain markers above ground at 100 foot
intervals to show the location of any underground objects. The force main shall be
constructed and installed to permit the crossing of heavy equipment used by the District
for the maintenance of its laterals, sub -laterals and canals and for any similar heavy
equipment used by land owners within the District, in any case where the force main
crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is
needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by
District or an adjacent landowner to be required to be installed, repaired or replaced, then
upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and
expense, be available at the location of, and arrange for such installation, repair or
replacement with personnel and equipment to insure that the force main does not
endanger of prevent the installation, repair, replacement or use of pipes or culverts for
drainage or irrigation purposes. The District has the right to determine the exact location
of the force main within the said right-of-way in order that the location of same shall not
interfere with the District's functions and operations and of the District land owners.
10. Permittee shall advise District's office prior to commencement or completion
of all construction.
11. Permittee shall not discharge any pollutants, contaminants or deleterious
materials into waters or structures owned or maintained by, or subject to the jurisdiction
of District, nor permit anything to obstruct the flow of water, and shall save and hold
District harmless from any expense, loss or damage to District or others by any such
discharge or obstruction, remedying or removing the same immediately upon request by
District.
12. This Permit shall exist only so long as Permittee may be in full compliance
with all requirements of the Department of Environmental Protection for the State of
Florida, as such requirements relate to this project, and if, at any time, the Permittee shall
fail to meet such requirements, then this Permit shall, ipso facto, immediately become
null and void.
2
13. Permittee, as a condition to the continuance of this Permit, shall reimburse
District, immediately on demand, for any reasonable fees for testing or other professional
services, costs or expenses to District associated with or arising from Permittee's use of
District right-of-way.
14. Permittee's obligations under this permit are limited to the extent permitted
by Florida law, and in no event greater than the limits set forth in Florida Statutes,
Section 768.28.
15. The Permittee shall pay to the District an annual rental of Four Hundred
Ninety and 50/100 Dollars ($490.50) payable in advance; effective on each anniversary
date hereof, notwithstanding the term may exceed 12 months, the annual fee may be
subject to increase to reflect increase to reflect increases in costs to District of permitting
the use of its rights of way, by others. In addition to the permit fee payable hereunder, if
the permit applied for or the use for which the permit is granted requires engineering or
legal work for purposes of processing and approval by District, then Permittee shall pay
promptly when invoiced all engineering and legal fees incurred by District in connection
herewith and shall indemnify District for the same, saving and holding District harmless
from any liability in connection therewith.
16. This Permit shall be effective January 1, 2026 and continue for a period of
sixty (60) months unless sooner terminated as provided herein.
17. In the event that this Permit is canceled or terminated, the Permittee shall, at
its expense, promptly remove the sewer force main from the right-of-way of the District.
18. This Permit shall be considered to be a license only, for the limited purpose
of installation, placement and maintenance of the improvements specified on the face
hereof, and does not convey any other right, title or interest of the District in the subject
right-of-way property.
19. Permittee assumes full responsibility for any construction, operation or
maintenance on District property or right-of-way subject to the Permit and understands
and agrees that Permittee's use of District property for Permittee's purposes and benefit
is at Permittee's sole risk; any loss or damage to Permittee's property, installations,
facilities or personnel while on District property or right-of-way, from any cause
whatsoever, whether by reason of the provisions of Chapter 556, Florida Statutes, or
otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee
promises, covenants and agrees that neither Permittee, nor anyone claiming by, through
or under Permittee, shall have any claim or cause of action against District by reason of
such loss or damage. The parties hereto further acknowledge and agree that District has
no obligation to allow Permittee to enter upon or use District's property or right-of-way,
and does so only in consideration of Permittee's release of District from any
responsibility or liability whatsoever, now or in the future, and Permittee agrees: [] that it
is able, at its own expense, to insure against loss or damage, without granting any right of
subrogation to claims against District or [] Permittee is a self -insurer, warranting and
representing to District that Permittee assumes all risk of loss or damage, and shall save
and hold harmless District from any expense, loss, damage or claim in regard thereto, and
3
the District assumes and shall have no liability in connection therewith including, without
limitation, attorneys' fees, fines and penalties.
20. This Permit may not be assigned or sublet to a third part and any transfer of
Permittee's property abutting District's property or right-of-way shall, ipso facto and
without more, cancel, nullify and revoke this Permit.
21. Should Permittee, during the term hereof, become a "member operator", as
defined by Florida Statutes, Section 556.102, then such membership shall, ipso facto and
without more, cancel, nullify and revoke this Permit.
22. In consideration of the grant of this Permit, Permittee, if a public or private
body with the power of eminent domain, expressly waives and relinquishes any power of
eminent domain or condemnation of the property as to which this Permit applies for the
use for which the Permit is granted. This clause shall survive termination or expiration of
this Permit.
4
IN WITNESS WHEREOF, said District has caused these presents to be
executed in its name by its Secretary and its corporate seal hereto affixed, by due
authority of its Board of Supervisors, this
Signed, sealed and delivered
In the present of:
As to District
day of , 2026.
INDIAN RIVER FARMS WATER
CONTROL DISTRICT
By:
David E. Gunter, Secretary
(Seal)
Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will
comply with the terms and conditions of this Permit.
•.�;�y �phSMlss/py.
Dated this ��day of May _. , 2026. °JX.
INDI4&N RIVER COUNTY c
By.
Chairman • _. of . : oQ
q �
Date Signed: May 5, 2026 R COU
'Rygn L..&rf-le►—
ATT : JefffeyR-8nrtir,,eP-A, CGFO, CGMA
By:
Cler of the Circuit CourtComptroller
APPROV
By:
unty Administrator
Approved as tol.Wm and Legal Sufficiency
By
g -n Attorney