HomeMy WebLinkAbout2015-154PERMIT AND INTERLOCAL AGREEMENT
(No. IRC -11)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
18th day of
August ,2015 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 4th 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, 2015, 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.
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J.R. SMITH, CLERK
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
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J.R. SMITH, CLERK
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.
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.
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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, 2015 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
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J.R. SMITH, CLERK
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 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.
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CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
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 , 2015.
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 18th day of August , 2015.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By:
By:
Cler of the Circuit Court & Comptroller
Wesley S. Davis, Chairman
Date Signed:
Angust 18, 2015
APPROVED:
oseph Baird, County Ad inistrator
pproved as to Form and Legal Safi ferry
By:
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County Attorney
STATE Jf FLORIDA
INDIAN RIVER CO T
THIS I$ TO CE� IS IS
_'mi COPY �. 'ci ON FILE
EY R. S
PERMIT AND INTERLOCAL AGREEMENT
IRC - 11 - EXHIBIT A