HomeMy WebLinkAbout2007-303 i i7
AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
BLACK DIAMOND ENTERPRISES, LLC
FOR
CONSTRUCTION OF THE 13TH LANE WATER MAIN EXTENTION
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 BLACK DIAMOND ENTERPRISES, L. L. C . , a Florida Limited
Liability Company, the address of which is 1401 US Highway 1 , Vero Beach , Florida , 32960
( hereinafter the DEVELOPER) is effective upon execution by the second of the two parties .
WHEREAS , the DEVELOPER, in conjunction with the construction improvements at VERO
BEACH CADILLAC is proposing improvements that conflict with a public waterline located on
private property at 1401 US Highway 1 , Vero Beach , Florida 32960 , more specifically described
in Exhibit " A", pages A- 1 through A- 6 ; and
WHEREAS , pursuant to Section 918 . 05 , The Code of Indian River County ( Ordinance 90 - 16,
as amended ) , the COUNTY, desires to relocate the public waterline from private property at
1401 US Highway 1 , Vero Beach , Florida 32960, to a public right-of-way on 13th Lane and
improve the pipe material from asbestos- concrete to PVC, the COUNTY agrees to reimburse the
DEVELOPER, as provided herein , for the cost of extending the 13th Lane water line from its
current terminus to and along US Highway 1 to the existing 6- inch asbestos-concrete line , as
shown in Exhibit " B" ,
NOW , THEREFORE, 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
installing the water line described below :
The DEVELOPER shall furnish and install approximately 843 linear feet of 6- inch PVC water
main , fittings . and appurtenances along the north side of 13th Lane from the existing terminus
of the 12- inch water main near the southwest corner of the land owned by DEVELOPER at 1401
US Highway 1 , Vero Beach , Florida , to the existing 6- inch water main located approximately
205 linear feet north of the southeast corner of the land owned by DEVELOPER at 1401 US
Highway 1 , Vero Beach , Florida .
Reimbursement : The County shall provide 100% reimbursement to the DEVELOPER for this
water main based on an itemized invoice of installed materials 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 $ 37 , 922 (see attached Exhibit
" B") . The COUNTY'S obligation to make reimbursement to DEVELOPER shall expire five ( 5 )
- 1 -
revised 08 . 03 . 07
years from the date of this Agreement.
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 :
The DEVELOPER shall use the County's public competitive bid process for all off-site utilities to
be constructed under this Agreement, and Developer further agrees fully and timely to
cooperate with the COUNTY in the public competitive bidding of the construction of off-site
utilities described in this Agreement . The DEVELOPER shall timely provide the Indian River
County Purchasing Division with sufficient information , including , without limitation , the nature
of the project, where the plans may be purchased , the purchase price of the plans in an amount
not to exceed One Hundred Dollars ( $ 100 . 00 ) , the proposed date of bid opening , and all other
necessary and required competitive bid details to ensure sufficient public notice of the
construction of off-site utilities described in this Agreement to enable the COUNTY to post a
notice on DemandStar. The DEVELOPER agrees that the Indian River County Purchasing
Division shall conduct the public competitive bid process for the construction of off- site utilities
described in this Agreement to obtain bona fide bids from licensed and qualified utility
contractors, and such bids to be publicly opened and read aloud . The DEVELOPER shall cause
the DEVELOPER'S consulting engineer, to review the bids received by the Indian River County
Purchasing Division , and to make a written recommendation to the County's Department of
Utility Services for award of the bid to a licensed and qualified utility contractor. 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 approval of all project costs by the
County's Department of Utility Services . Bid proposals and engineering costs related to the
work described herein shall be subject to prior approval by County's Department of Utility
Services . The DEVELOPER shall not commence work unless the County's Department of Utility
Services provides written approval of the final construction cost and the final project 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 Plans , Technical Specifications and Contract Documents :
The DEVELOPER agrees to complete a final set of construction drawings and make submission
for a Utilities Construction Permit to the Indian River County Utilities Department and Florida
Department of Environmental Protection ( FDEP) . The DEVELOPER shall not commence
construction until all permits are approved and obtained .
2 -
revised 08 .03 . 07
S . Definition :
All pronouns shall be deemed to refer to the masculine , feminine, or neuter, singular or plural ,
as the identity of the party or parties may require .
9 . DEVELOPER'S Obligations :
The DEVELOPER shall prepare at its own expense, plans, specifications, Agreement,
advertisement, general conditions, hereinafter referred to as the " contract documents ", for the
lines and facilities necessary to deliver the water 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 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 property, if any , 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 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)
11 . 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 for the Southern District of Florida . All of the parties to this
Agreement have participated freely in the negotiation and preparation hereof. Accordingly, this
Agreement shall not be more strictly construed against any one of the parties hereto .
13 . Insurance and Indemnification :
The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any
work, the selected contractor and any subcontractor provides to the COUNTY a certificate of
3 -
revised 08 . 03 . 07
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 priorto
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 . Maintenance Security :
The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility
improvements to Indian River County, Florida , and provide security as set forth herein , subject
to the COUNTY'S approval , for a period of one ( 1 ) year after the COUNTY'S acceptance of the
improvements, plus an additional three ( 3 ) months , for an aggregate of fifteen ( 15 ) months .
The maintenance security may only be in one of the following forms : (a ) cash , whereupon the
COUNTY and the Developer shall enter into the COUNTY'S standard Cash Escrow Deposit
Agreement; or ( b ) Letter of Credit, in the County's standard form , drawn and payable by a
financial institution located within Florida . The value of the maintenance security shall be
twenty-five percent ( 25 % ) of the total construction value of the utility improvements as
certified by the Developer's licensed engineer and approved in writing by the County .
- 4 -
revised 08 . 03 . 07
15 . 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 .
16 . 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 .
17 . 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 .
18 . Severability / Invalid Provision :
If any provision of the Agreement is held to be illegal , invalid or unenforceable under present or
future laws, such provision shall be fully severable ; this Agreement shall be construed and
enforced as if such illegal , invalid or unenforceable provision had never comprised a part of this
Agreement, and the remaining provisions of this Agreement shall remain in full force and effect
and shall not be affected by such illegal , invalid , or unenforceable provision or by its severance
from this Agreement .
19 . Term :
The term of this Agreement is five ( 5 ) years. Unless otherwise agreed to by the parties in
writing , this Agreement shall not be renewed automatically for successive terms .
Notwithstanding the foregoing , this Agreement shall be coterminous with FDEP Permit for
construction and with the County's Utility Construction Permit, whichever provides a shorter
time period , but shall be not more than five ( 5 ) years from the date of issuance . The County
may terminate this Agreement early in its sole discretion if it determines that the development
project intended to be served by the improvements is suspended or discontinued .
20 . Time of Essence :
Time is of the essence of this Agreement; however, if the final date of any period which is set
out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the
laws of the State of Florida , then , in such event, the time of such period shall be extended to
the next day which is not a Saturday, Sunday or legal holiday .
5 -
revised 08 . 03 . 07
IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted , made, and executed
this Agreement as follows :
FOR DEVEWPER :
Black Di4Aond En r es, LLC
r.
Witness Signature By .
Printed name : /
CWitness Printed Name Title :
Date : � � 7
itne sSignature
Witness n ed Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 3 day of vsT , 2007 , by
who is personally known to me or who has
produced
as identification .
::.•..
ary P blit jai• •h GINALHANCpCK
' /W. MYCOMMISSION # DD561310
Name : �)/71 L ' / �i/� ��� .,• „ 4t` EXPIRES: JUIY30, 2010
Commission # Pf,� Sena nuu Notary Publk Und "am
Expiration Date
BOARD OF COUNTY COMMISSIONERS
FOR INDIAN RIYERC TY, FLORIDA ))
Attest : ` By :
J . K. Barton , Clerk of the Circuit Court I I 1IGa , C. Wheeler, Chairman
By : BCC approved : q 1 1 10 -7
Deputy Clerk
Approved as to Form and Legal Sufficiency :
Approved by :
C � ts1 � �
F
ty Attorney ] seph A . Baird , County Administrator
EXHIBIT A
Page A- 1
. 9 9
annamomm
\ 008 326900,40
NTIl11[GOIIM ai F
.lrFaEYKMttnN F
� �� w�wMlam�i � �ea°i✓. �
�q N
R
Pemal 10 or. 12,33.394000011000.00010.0
12011.0
12-33-M)(1000-100000000.0
TBUSTEEE' DEED a
THIS INDENTURE, is made pea ji!j�t day of �i.✓ _ 2003, by and
belaeen i�" ._
a
reJ. meth 6. Boyle and Lawrence Trust
Ag a Tratd to W the
KsnnsM 6. Putliok agvovabHt Trull ADrwmtnt dated afttl84 F.
whose address N: 917 Beaddand Boulevard, Vem Beach, FL 32963 c
Bruttor, aid '
Black DUMond Entatprisas LLC,
a FkMda invited 6abiMy cwnpony
whose address It: 1401 U.S. H ilibitay 1, Vero Beach, FL 32960
Drat".
(WfEaS APPROPAMCM,TIS SINGULAR SHILLRE REAn"ITHE PLIAUL, THE
MUMLA97NEtHGUAn,THE M LINEaSifn KUTERMFEMIMHE,THE
NEMER AS THE MASCaLRfllm OR FEMININE, OR THE FEMININE As THE
MASCdHNEORNFLTER.J.
WITNESSETH :
Gremw, for and in consideration otaid wm m Tan Oobam (510 OD) WO uthw
good and veto" consderalbn pairs b Grantor by Grantee, the receipt of which ai
hereby adonorledgel. does hereby gram, bargain. see and convey to GMnme. Uw
GMmea's legal relHeeanla9Ve5, successors or ass" further, the roilovim9
described real property sauced in Indian Rwer Counly. Florida. to-wit
See ERUPT A abeshed hereto.
SUBJECT to restrictions, reservations and easempna of record, if any and
red aslala tares for 2003 and subsequerd years.
Each Grantor warrants maadasHurt waaove adpropwtyai nor
the kmeateadofsi9es-Granbrand WMtneilher Grantor Wes "Card arcontiguous;
CD
IhereW.
N
TOGETHER with all and singular the tanemNds, ho eddaments. and
appunenanmas berording Or in anyway appertaining to ft real properly. N
.D
TO HAVE AND TO HOLD the same to Grantee, and Grantse's hake and
assigns. in tee sbnptn forevw.
AND Ina Grantor hereby fullywanameThis We to said land aid will defend the
same against the I3v&l claims of as persons dakNrq by, through or under Grantor.
- 7 -
revised 07 . 20 . 07
EXHIBIT A
Page A-2
f` INWrtNESSWHFREOF.MoundmWAd.seTn"ooitme vedaeabsd
TNst flat executed this klWaeald she day and year Mat above wd8an.
SWO, aaMed and deWared
In out ptasenoe (ea to bolhy
�� rg, J NCENt
t1-10f 'J1ui� �'er' ktdWiduYy add ai Trustee of the
Wdneaa WNW card, Kennam O. Pudlok inavocabb
Tnet Agmemanids BMWs
taw uww,m�y
aand�aTrustee ms
Waves prkxed name Kenneth O. Pul,ck Irrevocable
Trust Agreement doW 821184
STATE OF FLORIDA
COUNTY OF INWA RNER
The kmegokg kwbumant was aaknomedged before ma e" 64—
day of
M'ns 2003, by J. Vpdwnt Bgdo was Lawnnw Oreal,
kddividuegy and "TNsteesofee Kwnah G. PuNick krevocabte Trust Agdasmen}
dated 821184, on haha8 of same. They are pareanaty known to rtro w have
prOdaced _ .K[. DX L, r . as Wonfdaidlon.
Notary PUNIC
Name:
(Notary Seal) - My wmmbsorr expkea'
arauanaae
aarsawaww
tam
Ca+efa1M lPatNN/
an
O
Np
Y:]
This d"U"rd prepared by cit
WAM W. Cal&saK Esq. .a
Collins. Broom, DMmVetl.
Barked & Gamrvagtb - Chartered
TSB BeaCNand Boulevard
Vero Beach, FL 32883
revised 07. 20 . 07
EXHIBIT A
Page A-3
`r
Parnesl 11 The Most 192.5 test of the fest 032 .7 feet of the North
184 . 41 fest of the PN 1/4 09 the MS 1/4 of Section 12, Township 33
South. Range 19 Nut, lying in Indian River County, Florida. 4skjsot
to a utility eaeaMAt ever the Newt 10 feet of the south 110 cast, [a
to parcel 1 .
Parcel 24 Resin At the By Demmer of the S 1/3 of the M 1/2 of the MM
1/4 of the Ms 1/4 at section 12 , Tkwaship 33 South, *"go 39 test and
ran salt 40 foot for point of beginning, said point of beginning
being ant the Rut right at way line at present at$. Highway NI/ Lim
thorn rum North along the most right of way ince of U.S . Migbwq f1 a
distance of 148 . 46 fast to a point) tbsno run Hut And parallel to
the mouth right of Nay lino of 15th place u disclosed as Plat at
Tragical park f1104 in the office of the Clerk of the Circuit Court
Of TMdian Ricer County, Florida, in Plat Sack 1, page 43 , a distance
of 200 festG thence rum North sad parallel to the goat right of Nay
It" of a. m . Highway 81 a distance of 150 last to a point being the
South boundary of 15th Place as above described) abacus run Hast
along the south boundary line at said 15th P190% a distance of 33
Nat $ thane run south and parallel to the east right at May lime Of
U. S , Highway 11, a dintanae of ISO fest) thane run Real a distance
of 100 tat) thence run South s diatom" of 141 . 22 fat to a point
which is 6 . 92 test North of the south boundary line of the S 1/2 of
mho H 1/2 of the Nw 1/4 of the HR 1/4 of said Sation, TONoshlp and
Ranges tbonoo run Nest aid parallel to the said south boundary of the
8 1/2 of the N 1/2 of the NN 1/4 of the sa 1/4 of sold Satin,
Township and Range to a point which is 134 feet Mot of the sat
right of way line of said g. m . Nighway sl # thence south And parallel
to the Pont right of way line of Bald U.S . Highway M1, a distance of
6 . 92 Gap thence Nest to point of beginning .
MM Stan the SM ecruar of the '2 1/2 of the N 1/2 of the NM 1/4 at
the Ns 1/4 of Section 12, TOW Ship 33 South, Range 39 sat, run Sat
174 feet for point Of hagloning) these run North 6 . 92 fats thence
Nest 199 toot) thane South :6 .92 test$ than Nest 199 toot to point
nut beginning$ said load lying aid being in Indian River County,
Florida.
parcel 31 Cttansncing at the Southeast comer of the Mertheast 1/4 of
the Northwest 1/4 of Section 12, Towuehip 33 South, Range 39 "At,
ruesing Mat on the South line of the Northeast 1/4 of said NOrtmeset
1/4 , to feet to the $Nat right of way Nim of M.B . Mighway 2 ad the
point of beginning# from said point of beginning continuing to tun
Mast along said lice, a distance of 790 . 17 feats thence running North
0.22 0 Rest a dlotanca of 210 Leat) thongs Seat, parallel to the South
line of the Northeast 1/4 of ' &aid Northeast 1/4 , a distance of 790 . 17
tat to the Not right of way line of M.S. Highway 1$ thence ranking
Booth slang the Mut right of way like of U.S. Highway 1 , s distance
of 210 feet to the point of beginning. in Indian River County,
Florida .
T
O
N
EXHIBIT
CD
- 9 -
revised 07 . 20.07
EXHIBIT A
Page A-4
1603332 RiCORDTD IN TNI RPCOPDS OR GRFFREY N BANTON, CUM CIRtgII C(XNR'T INDIAN
RIVER CO PL, ON: 1817 PG: 558 , 12/27/20o4 04 : 25 M NDC STAMPS 0 $11414 . 20
NCTNRN TOL C's.� ;utssw
COLLINS. BROWN 6 CALOW(LL
N0. so 5446"
Vff1016ACNl PL""6
PARCEL ID No , 33 - 39- 12 - DG`v00-3000 - 00033 . 0
39a19Amax mm
�T Rb
THIS ItIf1EV•fvRF, rads U:la P'. .3 day of 0a<maber , 2004 , by
and between LLOYD T. CLARK, AS TRVam Or TSR LLOTO J. CLARE
TR08T bATSD TIES S" Indy or RAECR, 1PP0, u to se unafvidad me.
half interest, And PATRICIA CLARE 6TrmAAT, AS SgCCEASOR TRDSTta
OF TNS NXIR212TA CLASS "MST DATES T/R $m DAY OF Earuh, 1990, as
to AD um"viaaa one-halt Sntaraet, whose naili«g addroen is :
36 : 4 17" SCleet, Veto 9aach, yL 37900 , as GRANTOR, and SLACNt
DIAD RST6RPRISS6, LLC, a PlesiN Lfaitad Liability C®psey,
whose Mi ting address is : 140.1 U . S . Higirvay NO. I . Vero euatb .
FL 37960. as GRANTEE:
HITH666HTH that the GraIltOr , /OC slid in Consideration
of the cum of Tell Goll ft '1$ I0. 001 and other good and valuable
consfderatiuna to G[antol in hand paid by Orantaa , tba rata_yr
whereof is hereby aeknovladgmd, has granted , bargained and sold
to the said GrAbt00 and Grantee ' s bairn and assign forever , the
following deacrlbRd lard, situate , lying and being in
uI14il1AN
RIVER County, ylorida . to wit :
SEE EXHIBIT A. A^iACHED BERETO AND .MADE A PART HEREOF .
Sub3ect to easepents and rights of way of record , if
any, nano of whist: azo reimposed hereby , and coxes
accruing subsequsot to 3 Cambez 31 . 2004 .
The Grantore , and each at thea. Warrant , covenant and
ropreeent to the urnntaa that the above described
property Or any Property Ad}scat tharaeo does not
constitute the homestead of the Grantarm under thv
Constitution or statates nr the Stave of Florida .
TOGETHER with all tenemanta , hereditemseta and appur-
tana::Cas Lherato belonging at in anywlna appertaining .
TO HAVE AND TO HOLD 'Tint SAM iN FEE SIMPLE FOREVER .
AND the said Grantor hereby wart4itn and covenants with
sale Grantee that the Grantor will dcfenc the Ill's to Main len'
against the lawful claims of all parsons eiaval»q by, through orV: j
I{3
r
{
- 10
revised 07 . 20 .07
EXHIBIT A
Page A-5
sit: 1817 PG : 554
under the said Grantor .
1N WITNESS NH?REOP , the Granter hap Ferrunto set
their hands and aeals she day and year fire'- alwve written .
signed, sea Led and delivered
is the presents f :
Yrinte8 tare : — r6ydtheC J , ark, as Trust of
AS to Both the . Nam J C. a99 Trust
f dated Itasnh ) . 3990
�a ed na
As pilo Botame ;
seAL
Patricia Clerk Stewart , as
Racca+aor Truatee of the
Henrietta Clark Trust dated
Harm 5 , 1990
STATE OF P14RIDA
COiBSY OP INDIAN RIVER !
q The foregoing lnetrument was Ackncwledgad before me this
iDA„ daY of Cle r• s, a +. rt 2004 , LLOYD J . CLARK, as Trustee of
the Lloyd J . Clark Irrupt listed March i , 1990, and by Patricia
Clark Stewart , as SLccessor Trustee of the Henrietta Clark Trust
dated Harch S . 1990 , who are paraonsliy imam Lo ms and who did
not take an oath .
ome-
Jblic
G _
Pointed
Notary F. O
(VOTARY FP.AL1 Slate off £arida
HY c^adsslen exi: lrea :
urmNii�owlmeope
This instrument prepared tor :
Eyton T . Cookery , Esq ,
Gould, Cooksey, Pannell , O ' Neil'
Kering Carter L Hefner , P . A .
979 ocachland Blvd .
Vera Beath, YL 32951
revised 07 . 20 .07
EXHIBIT A
Page A-6
ea : lacy tn3 : s3o
M=A
Tim North 20413ten of the SE IM of dm NW 114 o( Samn l2. Towathip33 Sixth.
Rego 39 East, lying Eau of the Florida Eaw Cost Railway nShloY way: botwkd
Win Ik Eul by Federal highway No. I amM the West by rbc Maida Hut Cast Railway
rigid of way;
BXCEPT 11ta following desenhcdpamel.
Begin0 the pant wage the Enmity not of Way June of the Honda L"Cond Railway
ngbt of way MIZ114041 with the North line of the Noah M4.23 feu of SB Its of
the NW IM oflodetn 12, Towuhip33Sowh, Resign 39 lout numsaldpniw of
be91e108 an Pvu 600fett; deocc reen South 34.73 f«t: rMMc an West w the
Hsmny ngkt of way Mm of rhe Florida Prat Cases Railway nght of way: and dien ots
Nwshwe te4y along said slot of way 40 the pvkw of hegandng.
Tognicr wtdt, but widmut covenants ne wanenes of Ink, san moneang atd nghe
of way appumnant to said pmpeny. and murder topa•Ide used tight of way and
Weems m the samh houndwy hac of the subject p ulassiy:
1 ) The noncxduaive 69M to the sae of thin cut ria cautioned Mistake! in Dad Hoak
103. Page 420, "to tewn s of MAan River Cwray. Fkvrida. and dame tronvn
msawarn s sbawn is Decd Book M, page 411. ami in Official Rtnsd Book IS.
Page 92, bah is [be p4do: mounds of Indian kkee Csaunty, Pounde
2) The sorvtxctuaivc light w the Was of the right of way. rad AWM sliest mnnnonly
mf tnad to as 13th SireG in 13th Urs, and PnovLiing ingaas and egress to and tiow U. S.
Highway No. 1 ,
3) The mmtsNunve right to the se of any and ail esewenn, stem sir vada
plovidine ingress and egreet 1m and fen U.S. foghway No . I.
Sub)cct in all esementt. meaaelinna. neasemions and rights of way ofineord, if any,
nage of whieh ve m mount hereby, anduea sees M0I,
This Fxkili t 'A' is xladxd to and walla a past of thin certain Waeramty, Deed hum
LLOYDJ. CLARK. ASTRUSTFF_OFTEMOYD1 . CLARK TRUST DATIID TIM'-
5th
IM'5th DAY OF MARCH, 1990, s in an uncliaidod m•hdf intetedl, and pATRICiA
CLARK STEWART. AS :SUCCESSOR TRUS17E OF TUE HFNJUEIT'A CLARK
TRUST DATED THE Sth DAY OF Msab, 1990, at ro an undivided m-half intcren.
m HIACK GIA.M0.vD HN 1T7apRISFS, LLC, aFlonda l3mita4liaMIRTCompany.
3
- 12
revised 07 . 20.07
EXHIBIT B
EXHIBIT B
PROJECT COST ESTIMATING
Project : 13th Lane Water Main Extension MBV Job #05-420
Description : Construct 6" Diameter PVC Water Main in 13th Lane and Abandon 6" Asbestos-Concrete Line on Private Property
Date : 8/10/07
Estimate Costs
Bid Item Estimated Unit of Unit Total
Description Quantity Measure Price Price
EARTHWORK
Mobilization/Demobilization 1 LUMP SUM 51 ,000.00 51 ,000
Maintenance of Traffic I LUMPSUM 51 ,500.00 $ 1 ,500
Site Preparation I LUMP SUM 51 ,000.00 $ 1 ,000
Pavement Removal 175 SY S2.00 $350
Regular Excavation 234 CY SL75 $410
Silt Fence 800 LF S1 .50 $ 1 .200
Turbidity Barriers 50 LF $6.00 $300
Final Gradine and Restoration 4,260 SY $0.40 $ 1 ,704
Seed and Mulch 1654 SF $0. 10 $265
WATER DISTRIBUTION
6" PVC C900 DR- 18 Water Main 843 LF $7.50 $6,323
6" Gate Valve 4 EA S500.00 $2,000
D. I. Fittings 1 I LUMP SUM $2.000.00 $2,000
6" Line Stops 2 EA $2,000.00 $4,000
Restraining 1 LUMP SUM $2,500100 $2,500
MISCELLANEOUS
4" Thick Sidewalk 200 SF $2.00 $400
6' Chain Link Fence Replacement 225 LF $8. 00 1 .80011
Re alar Du 3" Type S Asphalt 175 SY $ 16.00 $2,800
PERMITTING
Permit Fee - FDEP Water Distribution I Allowance $250.00 S2501
—_ I
Total Est. Construction Cost : 529,80111
Contingency Account (by Change Order)l 10.00% 52,980
Surveying Services : 4.00% $ 1 , 192
Field Survey - SO
Title Search - So
Easement Description - SO
Land / ROW Acquisition - soI
Design Servicesr2 8.00% 52384
Ref: ASCE, Figure 2 - Curve B
Permitting Services n 1 .50% $447
Biddin > & Award Services a> 0. 75% $224
Advertisement - $0
Printing - $0
Postage & Mailings - $0
Services During Construction (c� 3 .00% $894
ESTIMATED PROJECT COST : $37,922
Slewn-DIi brarynz EV ISCD Cast [st 9 10-1)-, x1s