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HomeMy WebLinkAbout2003-078a - / - a 3 ATTACHMENT 1 ORIGINAL AGREEMENT BETWEEN U INDIAN RIVER COUNTY, FLORIDA AND POPLAR DEVELOPMENT, INC . FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY") and Poplar Development Inc the address of which is : Poplar Development, Inc . , c/o Sam Freas , 8803 Southern Orchard Road North, Davie, FI 33328 (hereinafter the DEVELOPER) is effective upon execution by the second of the two parties . WHEREAS , the DEVELOPER, in conjunction with the construction improvements at Abington Woods P . D . , is providing water and wastewater facilities to serve the subject property located at 6220 41St Street, and more specifically described in Exhibit "A"; and WHEREAS , pursuant to Section 918 . 05 , The Code of Indian River County (Ordinance 90- 16 , as amended), the COUNTY, requires the DEVELOPER to provide the utility improvements to serve the regional area, and agrees to reimburse the DEVELOPER, as provided herein, for the cost of providing these off-site utilities, NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the COUNTY and DEVELOPER agree as follows : 1 . OFF-SITE UTILITIES : The DEVELOPER shall construct the necessary off-site utilities described herein as directed by the Indian River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for over-sizing of the off-site utilities as outlined below : A . 6 -inch Diameter Sanitary Force Main alone 41 st Street from 58th Ave west 30151f to the west limits of the developer ' s site. : The DEVELOPER shall furnish and install a total of 3124 if of 6 " PVC , DIP , and PE pipe of the Master Plan sewer force main, associated valves, fittings, and all else incidental thereto . Connection shall be made to an existing force main at the Northwest corner of 58th Avenue and 41St Street. The proposed 6 " force main extends west along on the North side of 41St Street approximately 1825 feet then crosses to the south side of 41St Street at 62nd Avenue, thence continues westerly to the western boundary of the Abington Woods Development . See exhibit ` B " for location sketch and Exhibit "C " for a detailed cost tabulation. Reimbursement : The COUNTY shall reimburse the DEVELOPER for this Master Plan force main based on an itemized invoice of the installed material on a complete basis — less 10% retainage, monthly, with final payment and release of retainage at the time the above referenced facilities are dedicated to and accepted by the County. Reimbursement shall be in the form of a check from the COUNTY, and shall not exceed the amount of $ 74 . 695 . 23 (see attached Exhibit B) . Page 1 C:\DOCUMENTS AND SETTINGS\BEUBAWLOC kL SETTINGS\TEMPORARY INTERNET FILESOLK2\AWNGTON - DEVELOPERS AGREEMENT - UTILITIES.DOC The DEVELOPER shall pay line extension fees in the amount of $ 15 .77 per foot of property frontage of the proposed sewer line. The DEVELOPER' S fee for this portion is tabulated below : Frontage Total Frontage Cost per Front Footage $/ ft. Developer Cost 41 s' Street F 970 if $ 15 . 77 $ 15 ,296 . 90 2 . Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3 . Assignability: Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY. 4 , Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms . 5 . Bidding and Award: Bid proposals and engineering costs related to the work described herein shall be subject to approval by the Indian River County Department of Utility Services . The DEVELOPER shall submit to the Department of Utility Services for review at least three (3 ) bid estimates from licensed and qualified utility contractors. The term "qualified" shall be as determined by the COUNTY. The COUNTY ' s reimbursement of construction costs to the DEVELOPER shall be conditioned upon the Utility Services Department ' s approval of project costs. The DEVELOPER shall not commence work unless the Utility Services Department provides written approval of the final construction cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY' s sole discretion, project costs significantly exceed those contained in Exhibit `B . " 6 . Captions : Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. 7 . Construction PIans Technical Specifications and Contract Documents : The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of Environmental Protection (FDEP). The DEVELOPER shall not commence construction until all permits are approved and obtained. 8 . Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. 9. DEVELOPER ' s Obligations : Page 2 The DEVELOPER shall prepare at its own expense, plans, specifications, Agreement, advertisement, general conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary to deliver the water and wastewater utilities from the COUNTY' S facilities . All plans and specifications shall be subject to the COUNTY' s approval prior to the DEVELOPER' s application. The DEVELOPER shall be responsible for all costs associated with the design, permitting and construction of the offsite facilities (which includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the COUNTY. The design, permitting, construction, operation and maintenance of all on-site water and wastewater utilities which is on or solely dedicated to the DEVELOPER ' s property (including but not limited to water meter, transmission lines, pumps, valves, storage facilities, etc.) shall be the DEVELOPER' s responsibility and expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review and approval. The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER ' s side of the water meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of water by the DEVELOPER is prohibited. The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use off-site of the Property 10 . Easements : The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater utilities for the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the private right-of-way including, but not limited to, water lines, services, laterals, manholes, meters, lift station, sewer, remote monitoring and related utility structures. After the COUNTY' S final inspection of the off-site water and wastewater facilities for conformance with the approved plans and specifications, the DEVELOPER shall convey all the off-site facilities together with an interest in land, as may be required by the COUNTY, to the COUNTY. The conveyance shall include any of the following documents as may be required by the COUNTY, in a form acceptable to the COUNTY: a) Bill of Sale b) Grants of Easements c) Maintenance Bond d) Record Drawings (hard copy and electronic format — AutoCAD rel. 14 .0 or higher) I L Entire Agreement This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there is no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein . 12 . Governing Law & Jurisdiction • This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court forthe Southern District of Florida. All of the parties to this Agreement have participated freely in the negotiation and preparation hereof Accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. Page 3 13 . Insurance and Indemnification: The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work, the selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general liability insurance with a reputable insurance company subject to approval by the COUNTY' s risk manager in an amount not less than $ 3 ,000,000 combined single limit for bodily injury and property damage in accordance with the COUNTY' s Administrative Policy Manual . The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable insurance company subject to approval by the COUNTY' s risk manager in an amount not less than $3 ,000,000 per occurrence combined single limit for bodily injury and property damage in accordance with the COUNTY's Administrative Policy Manual. The commercial general liability and auto liability insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an additional insured. In addition, the DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of worker' s compensation insurance with a limit of $ 100,000 for each accident, $500,000 disease (policy limit) and $ 100,000 disease (each employee) in accordance with the COUNTY' s Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30) days ' written notice by registered mail, return receipt requested, addressed to the COUNTY' s risk manager, prior to cancellation or modification of any required insurance. The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY ' s officers, employees and agents, from and against any and all claims for damages, costs, third party claims, judgments, and expense to persons or property that may arise out of, or be occasioned by, any work contemplated by this agreement, or from any act or omission of any representative, agent, client, and/or employee of DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including attorney fees . DEVELOPER shall indemnify the COUNTY against any claim for damage that any utility, whether publicly or privately owned, may sustain or receive in connection with any work contemplated by this agreement. DEVELOPER shall not make any claim of any kind or character whatsoever against the COUNTY for damages that it may suffer by reason of the installation, construction, reconstruction, operation, and/or maintenance of any public improvement, or utility, whether presently in place or which may in the future be constructed or installed, including but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities, and whether such damage is due to flooding, infiltration, backflow, and/or seepage caused from the failure of any installation, natural causes, or from any other cause of whatsoever kind or nature. It is the intention of this indemnification agreement on the part of DEVELOPER, and a condition of this agreement, that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend any and all suits, claims, and causes of action brought against the COUNTY arising out of or in connection with any work contemplated by this agreement, and DEVELOPER agrees to pay any judgment or judgments, including attorney fees, that may be rendered against the COUNTY or against the COUNTY' s officers , employees or agents in connection therewith. 14 . Payment and Performance Bond: The DEVELOPER agrees to furnish to INDIAN RIVER COUNTY a payment bond for 100 percent of the total amount of the offsite utility bid and a performance bond for 125 percent of the offsite utility bid, subject to COUNTY' s approval, as security for the faithful performance of all of the contractor's obligations under the contract documents. At the COUNTY's sole discretion, the COUNTY may accept a Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero Beach, Florida, in lieu of a surety bond. 15 . Maintenance Bond: Page 4 The DEVELOPER agrees to convey all right, title, and interest in the aforementioned utility improvements to INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY's approval, issued by a reputable surety company authorized to do business in the State of Florida, for a period ofone year after the COUNTY's acceptance of the improvements. The value of the Maintenance Bond shall be 25 percent of the total construction value of the utility improvements . At the COUNTY's sole discretion, the COUNTY may accept a Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero Beach, Florida, in lieu of a surety bond. 16. Multiple Counterparts : This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one ( 1 ) Agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. 17. Permits : The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use and monitoring of the water distributed to and wastewater collected from the subject property. If, through no fault of the parties involved, any federal, state or local government or agency (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or requires a material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is impossible or impracticable to perform under the terms of this Agreement because of the above, then this Agreement shall terminate and the parties shall have no further obligations to each other. The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations and maintenance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic testing, cross connection control, monitoring, color-coding of water and wastewater equipment. 18 . Recording of Agreement : This Agreement may be recorded in the official records of Indian River County by the COUNTY. If recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent owners of the property for the term of this Agreement. The DEVELOPER shall pay for all recording cost. 19 . Severability / Invalid Provision : If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. 20 . Term: The term of this Agreement is five (5 ) years . Unless otherwise agreed to by the parties in writing, this Agreement shall not be renewed automatically for successive terms . Notwithstanding the foregoing, this Agreement shall be coterminous with FDEP Permit for construction and with the County' s Utility Construction Permit, whichever provides a shorter time period, but shall be not more than five (5) years from the date of issuance. The County may terminate this Agreement early in its sole discretion if it determines that the development project intended to be served by the improvements is suspended or discontinued. 21 . Time of Essence: Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of Page 5 1 Florida, then, in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this Agreement as follows : DE +1apment,: Poplar Witness Signature By: m c� -ee Printe Witness Printed Name Title: President Date: /" C Itness Sio e � Jgt z IL-1 -c I1 Witness Printed Name �— DIANE M . LEEPER Comm . # 1232963 rl� NOTARY PUBLIC - CALIFORNIA STATE OF F+�6 C / 4 o My CoLos Angeles County " ' /� • mm. Expires Aug . 23, 2003 COUNTY OF Gvr . e� mac_f The foregoing instrument was acknowledged before me this d day oft"%�, 2003 , by u � who is personally known to me or who has produced r/ t%f 11as identification. /KL:: Notary Public Name: �/4 •, � fit - GCS cr- Commission #_ / q 63 Expiration Date ?! s . rQ 3 BOARD OF COUNTY COMMISSIONERS Attest: INDIAN RIVER COUNTY, FLORIDA J . K. Barton,` Clerk of the Circuit Court By: By, Deputy Clerk Kenneth R. Mac Chairman BC Approved : Apri 1 , 2003 Approved as to Form and Legal Suffici Approved by: ty OF FLORIDA A o y TATE James E. Ch dler, County Administrator Page 6 E—SIT—A LEGAL DESCRITPTION AND PLAT AS TO AN UNDIVIDED ONE-HALF ( 1 /2) INTEREST : TRACTS 24, 25 , AND 26, IN THE NORTH 1 /2 OF SECTION 292 TOWNSHIP 32 SOUTH, RANGE 39 EAST, AS a THE SAME IS DESIGNATED ON THE LAST GENE TBE INDIAN RIVER FARMS COMPANY, FILED IN PLAT BOOK 2, PAGE 25 THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST . LUCIE COUNTY, FLORIDA, LESS AND EXCEPT ALL EXISTING FLORIDA. SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, RIGHTS -OF-WAY FOR CANALS AND LESS AND EXCEPT THE WEST 10 . 5 FEET OF SAID TRACT 24 . LAND USE: LI 7vrE IF aurrER N 7 - - — - - — - — - i I I `amsn a^ i �rr TRA M412 7 4' aL ( I 1 66705 7 f'j da ~/ La asaF1NN 1 n , I 117.2)4 Sr 4 /�� iS' NIMNNLIauloll +,lai4M Nis la'.uaict�'C 'K Wla I `1 Durg ®vc . . WAND J q� w�ni Y 20 a 10.714 DF �� I //�./_ , ♦ S f I ' $ a21 am Sr ; ,Q,D6 9r�1 22 �lli/l� 149 2 SFlT , I all •r �i 1 27 Fi II IlA71 Y "Y $F d 233112p�'/O 26 1414. 1 8 16.624 $F s4 c Sr 9.3)5 9 1 MI 'A, `'YeF�"L; �toals v j1 I \ •w ] ws I , I n.zoD sr 145 s ; ......_ 3 so 27 � 1 4ys lar 3$ 0.375 SF M ! 2. 9f w ,� 2 SF 12.408 sr 44 h 9.373 IwC F� s ��81 . , r j I rwr * +. ■ . woo 11 22o sr ao)o sF $ ' L I i 9 ) tial y j f 8 42 I I i6 1 ,.20e 9f 9 IF 6 53I I I _ I : 9.373 SF 8 IQ000 SF S IE 9 y 2 •�4 2A16 SF I 3 •,.� ! 9.J]3 A .300 7 q I 10 0SF } l yy i 55 DF ! I , 2_6 S< ,asuu 19.775 SF D 10,`009 s r � ! `. \ 11.02t Jag J6 14036 sr �9%.L.z ,o.ees sr I 1 yti 12.649 A + �•� ro' CCu Iiia JJ I Ili A 4po6 'f1 Sf 1i ' I 2.619 Sf r cvw.:F. 4 . V ... t"r � � .l0 1 ' .s 2462 v 2 a10 :: • - . ys I I I ' sssasaii .•06 I 11Sr , I,TM Y > ..sJ7 •: BUFFER `6• ! h T03h Y 19.076 `y YI Ii30ro5r ��' r ACL.ss.... aurrE DmittxTow AD i �- w arvra rxw R/N IRFA ! T SOUTH ORD ROA - 3 R�q "- + ^� CD CANACA -e 30 ' R/N �y _ 70114 ry AT ] LAND USE' LI AD.JC 'CNT 20Nit RS_3 LAND USfi LE Paye EXHIBIT-B ESTIMATED COST OF IMPROVEMENTS Item Description Estimated Unit of Measure Unit Price Total Price 1 Mobilization 1 uanti LS 2 Maint. of Traffic 1 $2500 .00 $2, 500 .00 3 6" 2784 LF PVC Force Main LS $2500 .00 $2, 500 . 00 4 6" Gate Valves 6 $ 10 .00 EA $27,840.00 5 Mi Vittin $650.00 $3900 .00 6" 45 de fittin 6 EA 6" 90 de fitting 2 $425 .00 $2550.00 6"x4" tee 1 A $425 . 00 $850. 00 6" Plu 1 $475 .00 $475 . 00 6 6" P.E. Directional Bore 310 EA $ 125 .00 $ 125 .00 7 679 DIP30 F $ 50.00 $ 15, 500.00 8 Deflections 1 LF $25 .00LS $ 750. 00 9 Sod 1500 $ 1500.00 $ 1500.00 10 Seed / Mulch LF $2 . 50 $3750 .00 1515 LF 11 Testin 1 $ 1 .25 $ 1893 . 75 12 Restoration / grading, 3100 LS $750.00 $ 750 .00 etc. LF $2. 00 $6200.00 Subtotal $71 ,083 . 75 Contin enc 10% $7, 108 .38 Serve $650.00 Desi $3 , 500.00 Permittin $ 19000.00 Bidding & Award $ 500 .00 Services DuringConstruction Administration $900.00 Sury Stake-out / As-bunts $250 . 00 Pa ment & Performance Bond $2500 . 00 Total IMProvement Cost $2500.00 Estimated Coun Share $89, 992 . 13 $74,695 .23 Developer's Share $ 15,296 . 90 EX IIBIT-C PROJECT SKETCH OF IMPROVEMENTS S 1 , l isVia OR 010 1M - . cq Ina Y 0 ' ` b u U V] ^ � ; 0 0 � d 8 ' It Fy ,. il 3 yTd 1K Irp p f , , . . , • ...v 4RS ' . . M a ay. f y n � n ny J. O Rd H O a Y ! in s, atilt F � 6R - - - - - - - - - -- Page.