HomeMy WebLinkAbout2003-031 PERMIT AND INTERLOCAL AGREEMENT '
Os
(No. IRC-1)
f.�
THIS PERMIT and INTERLOCAL AGREEMENT, dated this q- day of
003, 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 4400 20th 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 36 months from January 1, 2002, 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 1365 lineal feet (0.2585 miles)to the East side of 82nd 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 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 thirty 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, §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 thirty 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 and shall be so constructed and
IRC-1
Page 2
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 of 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 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 Ten and
No/100 Dollars ($310.00),payable in advance. In addition to the permit fee payable hereunder, if
IRC-1
Page 3
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 1,2002,and continue for aperiod of 36 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 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 D� 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
IRC-1
Page 4
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 party 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, §556.102(7),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.
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
.`q�
Supervisors,this�/,G►day of 1 -6 2003.
Signed, sealed and delivered
in the pregonce of: INDIAN RIVER FARMS WATER
CONTROL DISTRICT
By C;YC�0-1 e.:;xe�
David E. Gunter, Secretary
as to District
Permittee hereby accept the terms of this Permit,and covenants and agrees that it will comply
with the terms and conditions of this Permit.
Dated this 4th day of February , 2003.
Attest: J. K. Barton, Clerk INDIAN RIVER COUNTY
By.
Deputy Clerk Kenne R. Md-cbt
PATRICIA M. RIDGELY Chairman
as to Permittee la�4103
APPROVED: IRC-1
Page 5
C t Administrator r77—
C unty Attorney
Due to the voluminous nature of the plans and specifications
that constitute Exhibit "A," such plans and specifications are
available in the Department of Utility Services.
EXHIBIT "A"
r '
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC-2)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
J -hu- 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 4400 20th 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 36 months from January 1, 2002, 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. 1 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:
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 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.
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 thirty 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, §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 thirty 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 and 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
IRC-2
Page 2
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 of 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 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 Two and
No/100 Dollars ($302.00), payable in advance. 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.
IRC-2
Page 3
15. This Permit shall be effective January 1, 2002, and continue for a period of 36 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 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 V 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 party 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.
IRC-2
Page 4
20. Should Permittee, during the term hereof,become a "member operator", as defined
by Florida Statutes, §556.102(7),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.
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 `>L-*�tay of 3
Signed, sealed and delivered
in the presence of: INDIAN RIVER FARMS WATER
CONTROL DISTRICT
By:.A ez 400 . ( �
David E. Gunter, Secretary
as to District
Permittee hereby accept the terms of this Permit,and covenants and agrees that it will comply
with the terms and conditions of this Permit.
Dated this 4th day of February , 2003.
Att J. K. Barton Clerk INDIAN VER C UNTY
By:
Deputy Clerk en1ra*&cTYE
PATRICIA M. RIDGEIY Chairman
as to Permittee
APPROVED:
s
u ty Administ t
IRC-2
t rnsv Page 5
Due to the voluminous nature of the plans and specifications
that constitute Exhibit "A," such plans and specifications are
available in the Department of Utility Services.
EXHIBIT "A"
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC-3)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this 1� day of
by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT,a dra age district organized and existing under the General Drainage Laws of the State
of Florida, whose address is 4400 20th 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 36 months from January 1, 2002, 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 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 and Westward
extension thereof along the Northerly side of sublateral 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:
1. That the construction and installation of force main shall be in exact conformity with the
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.
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 thirty 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,§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 thirty 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 and 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
IRC-3
Page 2
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 of 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 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 Two Thousand Four Hundred
Thirteen and 20/100 Dollars($2,413.20),payable in advance. 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
IRC-3
Page 3
indemnify District for the same,saving and holding District harmless from any liability in connection
therewith.
15. This Permit shall be effective January 1, 2002, and continue for a period of 36 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 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: 13 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 a 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.
IRC-3
Page 4
19. This Permit may not be assigned or subletted to a third party 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, §556.102(7),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.
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 e` day of
ire
Signed,
Signed, sealed and delivered
in the presence of: INDIAN RIVER FARMS WATER
CONTROL DISTRICT
By: ozzaz
_ � � David E. Gunter, Secretary
as to District
Permittee hereby accept the terms of this Permit,and covenants and agrees that it will comply
with the terms and conditions of this Permit.
Dated this 4th day of February , 2003.
Attest: J. K. Barton, Clerk
INDIAN VER COUNTY
By By:
Deputy Clerk Kenneth R. Mac t
PATRICIA M. RIDGEl.Y Chairman
as to Permittee
APP VED: IRC-3
S Page 5
C nt dministr o
tt rn
Due to the voluminous nature of the plans and specifications
that constitute Exhibit "A," such plans and specifications are
available in the Department of Utility Services.
EXHIBIT "A"
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC-4)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this
day of
,55%QAUAt3, 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 4400 20th 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 36 months from January 1, 2002, 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 27th Street easterly, with two crossing extension South across sub-lateral E-8/J-2 canal, to
Lateral"J"canal;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 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 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.
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 thirty 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,§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 thirty 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 and 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
IRC-4
Page 2
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 of 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 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 Five Hundred Eleven and
32/100 Dollars ($511.32), payable in advance. 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
IRC-4
Page 3
indemnify District for the same,saving and holding District harmless from any liability in connection
therewith.
15. This Permit shall be effective January 1, 2002, and continue for a period of 36 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 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 JK 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.
IRC-4
Page 4
19. This Permit may not be assigned or subletted to a third party 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, §556.102(7),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.
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_ ay of 3.
Signed, sealed and.delivered
in the presence of: INDIAN RIVER FARMS WATER
CONTROL DISTRICT
e _ By. z&Z4 -
David E. Gunter, Secretary
as to,District
Permittee hereby accept the terms of this Permit,and covenants and agrees that it will comply
with the terms and conditions of this Permit.
Dated this 4th day of February , 2003.
Attest: J. K . Barton, Clerk
INDIANVER COUNTY
B
ciC U By
PATIRICIA M.RAW Kenn th R. Mac t
put
Chairman
as to Permittee
APPOVED: IRC-4
Page 5
C ty Administr r
�-. ey
Due to the voluminous nature of the plans and specifications
that constitute Exhibit "A," such plans and specifications are
available in the Department of Utility Services.
EXHIBIT "A"
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC-5)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this 44 day of
alt-9-1403, 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 4400 20th 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 36 months from January 1, 2002, unless sooner terminated as hereinafter provided, to
install,maintain, inspect, operate and repair a 24 fiber-optic cable,at a depth of 30",under District
right-of-way two feet inside the North right-of-way line of the Main Canal for a distance of 9,150
lineal feet (1.73 miles), with detectable marking tape and 12" cover, at the locations and in
accordance with the plans and specifications provided to Carter Associates, Inc., prepared by
Precision Construction Services, Inc.,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 fiber-optic cable shall be in exact conformity with
the plans prepared by Precision Construction Services, Inc. provided to Carter Associates, Inc.
2. The rights shall extend only for fiber-optic cable 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 fiber-optic cable 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.
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 thirty 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,§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 thirty 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 fiber-optic cable 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 fiber-optic cable 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,
IRC-5
Page 2
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 fiber-optic cable 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 fiber-optic cable 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 of 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 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 Two Thousand Seventy Six
and No/100 Dollars ($2,076.00), payable in advance. 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.
IRC-5
Page 3
15. This Permit shall be effective January 1, 2002, and continue for a period of 36 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 fiber-optic cable 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 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 CO Permittee as
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 to the extent allowed by law.
IRC-5
Page 4
19. This Permit may not be assigned or subletted to a third party 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, §556.102(7),then such membership shall,ipso facto and without more,cancel,
nullify and revoke this Permit.
21. Permittee's obligations under Paragraphs 3, 5 and 18 may be affected by Florida
Statutes' restrictions on hold harmless clauses.
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.
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 '-'ffiday ofr , 03
Signed, sealed and delivered
in the presence of: INDIAN RIVER FARMS WATER
CONTROL DISTRICT
�— By:
_ David R Gunter, Secretary
as to District
Permittee hereby accept the terms of this Permit,and covenants and agrees that it will comply
with the terms and conditions of this Permit.
Dated this 4th day of February , 2003.
Atte J. K. Barto Clerk INDIAN'Ken' naethR.
ER C NTY
#�
By By
OE
Deputy Clerk Mach
PATRICIA M.RIDGELY Chairman
as to Permittee
!IPPR VED: IRC-5
Page 5
C my Administrat00–
Due to the voluminous nature of the plans and specifications
that constitute Exhibit "A," such plans and specifications are
available in the Telecommunications Division of the General
Services Department.
EXHIBIT "A"
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC-6)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this �4 41— day of
3, 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 4400 20th 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 from
January 1, 2002, until December 31, 2004, 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 1630 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 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 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.
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 thirty 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, §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 thirty 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 so constructed and installed
to permit the crossing of heavy equipment used by the District for the maintenance of its laterals,
IRC-6
Page 2
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 undertake 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.
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 of 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 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 Four Thousand Five Hundred
Ninety Six and No/100 Dollars ($4,596.00), payable in advance. 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
IRC-6
Page 3
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, 2002, and continue until December 31, 2004,
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 effluent line 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 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 19 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.
IRC-6
Page 4
19. This Permit may not be assigned or subletted to a third party 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, §556.102(7),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.
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,thisy of , 0
Signed, sealed and delivered
in the presence of-.
(J INDIAN RIVER FARMS WATER
_ CONTROL DISTRICT
as to District By:
David E. Gunter, Secretary
Permittee hereby accept the terms of this Permit,and covenants and agrees that it will comply
with the terms and conditions of this Permit.
Dated this 4th day of February , 2003.
A to J. 'K� art ,Clerk INDIAN RIVER COUNTY
Deputy Clerk lew
PATRICIA M.RIDGELY By:
as to Permittee Kenneth R. Macht
Chairman
A7PRVED: IRC-6
^ Page 5
Co Admin str
U Attorn2e+
Due to the voluminous nature of the plans and specifications
that constitute Exhibit "A," such plans and specifications are
available in the Department of Utility Services.
EXHIBIT "A"
r.
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC-7)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
003, 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 4400 20th 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 until
December 31,2004,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 Canal B-10 between 6th 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:
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 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.
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 thirty 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,§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 thirty 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 and 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
IRC-7
2
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 of 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 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 Thirty Six and
No/100 Dollars ($336.00),payable in advance. 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 1,2002, and continue until December 31, 2004,
unless sooner terminated as provided herein.
IRC-7
3
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 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&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 party 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, §556.102(7),then such membership shall,ipso facto and without more,cancel,
nullify and revoke this Permit.
IRC-7
4
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.
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, thisAllay of 3 003.
Signed, sealed and delivered
in the presence/off-
C�,C VCS INDIAN RIVER FARMS WATER
CONTROL DISTRICT
By:
OA to District B ___ LO.
dze_�
David E. Gunter, Secretary
Permittee hereby accept the terms of this Permit,and covenants and agrees that it will comply
with the terms and conditions of this Permit.
Dated this 4th day of February , 2003.
Att J. K. Bar , Clerk
INDIAN RIVER COUNTY
B
Deputy Clerk
PATRICIA M RICIGELY By:
as to Permittee '-J Kenneth R. Macht
Chairman
APPROVED:
0ouZtyAdJn1,,stW(ory IRC-7
5
Due to the voluminous nature of the plans and specifications
that constitute Exhibit "A," such plans and specifications are
available in the Department of Utility Services.
EXHIBIT "A"
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC-8)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
2003, 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 4400 20th 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 36 months from January 1, 2002, 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 1/4 of Section 15,
Township 32 South,Range 39 East(Storm Grove Road-57th Street),northerly to the North line of
Section 4, Township 32 South, Range 39 East (Hobart Road - 77th 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:
1. 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.
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 thirty 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, §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 thirty 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 and 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
IRC-8
Page 2
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 of 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 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 Thousand Four Hundred
Fifty Dollars ($3,450.00), based on a charge of$1,200.00 per lineal mile, payable in advance. 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.
IRC-8
Page 3
15. This Permit shall be effective January 1, 2002, and continue for a period of 36 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 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 KJ 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 party 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.
IRC-8
Page 4
20. Should Permittee, during the term hereof, become a"member operator", as defined
by Florida Statutes, §556.102(7),then such membership shall,ipsofacto 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.
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 17L7thday of 03.
Signed, sealed and delivered
in the presence of:
INDIAN RIVER FARMS WATER
CONTROL DISTRICT
as to Disthcl By: �p
David E. Gunter, Secretary
Permittee hereby accept the terms of this Permit,and covenants and agrees that it will comply
with the terms and conditions of this Permit.
Dated this 4th day of February , 2003.
At J. K. Bart , erk
INDIAN RIVER COUNTY
By
Deputy Clerk
PATRICIA M.RIDGELY 133d-
as
.as to Permittee Kennet R . Macht
Chairman
APPROVED:
IRC-8
C urit d 1 istrato Page 5
y
Due to the voluminous nature of the plans and specifications
that constitute Exhibit "A," such plans and specifications are
available in the Department of Utility Services.
EXHIBIT "A"
PERMIT AND INTERLOCAL AGREEMENT
(No. IRC-9)
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
, 2 3, 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 4400 20th 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 24 months from January 1, 2003, 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 thirty 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, §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 thirty 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 and 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
-2-
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 of 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 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 ofThree Hundred Thirty-three
and 76/100 Dollars($333.76),payable in advance. 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.
-3-
15. This Permit shall be effective January 1,2003,and continue for a period of 24 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 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 M 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 party 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.
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20. Should Permittee,during the term hereof,become a"member operator", as defined
by Florida Statutes, §556.102(7),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.
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 07 003.
Signed, sealed and delivered
in the presence of.
)
d4(,6j, INDIAN RIVER FARMS WATER
j ('� CONTROL DISTRICT
as to District By:,
David E. Gunter, Secretary
(SEAL)
Permittee hereby accept the terms of this Permit,and covenants and agrees that it will comply
with the terms and conditions of this Permit.
Dated this 4th day of February , 2003.
Attest : J. K . Bartoh, Clerk
�f
By INDIAN RIVER COUNTY
2�:-u..�
Deputy Clerk
PATRICIA M. RIDGELY By:
as to Permittee n ac
Chairman
APPRVED:
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U ty Administrat r
Due to the voluminous nature of the plans and specifications
that constitute Exhibit "A," such plans and specifications are
available in the Department of Utility Services.
EXHIBIT "A"