HomeMy WebLinkAbout2005-150 `D b
AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
WILLIAM E . WELSH
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 WILLIAM E . WELSH, the address of which is 730 High Street, Sebastian FL 32958
(hereinafter the DEVELOPER) is effective upon execution by the second of the two parties .
WHEREAS , the DEVELOPER, is providing off-site water facilities to serve properties located at
726 and 730 High Street, Sebastian, FL and more specifically described in Exhibit "A"; and
WHEREAS , pursuant to Section 201 . 11 , The Code of Indian River County, the COUNTY, 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 permitted by the
Indian River County Utilities Department . The COUNTY shall reimburse the DEVELOPER for
construction of the off-site utilities as outlined below :
A. 8 -inch Diameter Water Main (reimbursement upon collection of line extension fees) :
The DEVELOPER shall furnish and install approximately 320+ LF of 8 -inch non-master planned
water main with a fire hydrant on High Street from CR 512 to Taft Street as shown on Exhibit C .
Reimbursement : The COUNTY shall reimburse the DEVELOPER for funds advanced by
DEVELOPER to construct the 8 -inch diameter water main based on the front footage of each of
the properties which will benefit from these facilities as reflected in Exhibit D . The respective
front footages and percentages are noted in the attached Exhibit D . The estimated cost to each
party is also reflected in Exhibit D ; however, the actual cost will be determined upon completion
of the improvements at which time the proportionate share for each property will be adjusted
accordingly. The funds to reimburse the DEVELOPER shall derive from the proportionate share
connection charges of each of the other properties that use the constructed lines and facilities
based on their percentage of the overall front footage . Said connection charges shall be collected
by the COUNTY and reimbursed to the DEVELOPER at the time of application for Utilities for
each parcel as said parcel is connected to the system . The County ' s obligation to make
reimbursement to DEVELOPER shall expire five (5 ) years from this Agreement . Compensation
shall be in the form of a check from the County; the total of all payments shall not exceed the
amount of $ 7, 926 . 54 (see Exhibit B) .
t
The DEVELOPER ' S share for this portion is tabulated below :
Frontage Total Frontage Cost per Front Footage ($/ ft. ) Developer Cost
150 150 16. 90 $2535 . 06
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 unit prices established under County Bid Number 3032
currently being used for water main improvements in the Orange Heights and Gallentine Subdivisions
under construction by Underground Utilities , Inc . 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
construction of off-site utilities described in this Agreement. 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 . 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.
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 .
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 :
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 specification
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 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 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 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) Record Drawings (hard copy and electronic form — AutoCAD rel . 2004)
c) Grants of Easements
d) Maintenance Bond
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 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 or any representative, agent, or 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 Bond :
The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility
improvements to INDIAN RIVER COUNTY, FLORIDA, 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 of one 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, in
form and substance acceptable to the County and drawn on a reputable financial institution located
within 150 miles of Vero Beach, Florida, in lieu of a surety bond .
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.
IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed
this Agreement as follows :
DEVELOPER: WILLIAM E. WELSH .
Witness Signature
William E . Welsh
Witness Printed Name T Owner printed name
Title : Owner
Date : k . Date :
Witness Signature
C-H- R , KEL Lek
—
Witness Printed Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of Mcu� 2005
by Lithtarn E . W c- 1 S h who is personally kno to mei or who
has produced1— '117 - QC�Fi - as identification .
AY P&
Notary Public -
Name : +�� pARCYR. VASRM
Commission # * * MY COMMISSION ; DD 391140
Expiration Date ^., oP IRES: January 31, 20pg
T?n Budget papa, Senica
ATTEST : BOARD OF COUNTY COMMISSIONERS
J. K . Barton, Clerk of Circuit Court INDIAN , RIVER CO
U Ya -LORIDA
• . . ba V .
ab •
B t.
y BY ;
Deputy Clerk Thomas S . Lgwher�
w
Date BCC Approved: M� .. 3 , 005
Approved as to Form and Legal Sufficiency
c- f
�y
unty Attorney
Approved :
seph A . gird
unty Administrator
Exhibit A
1 . 726 High Street
HARDEES ADDITION TO SEBASTIAN
BLK 9 , LOTS 1 & 29 PBS 3 - 1
3 1 - 3 9 - 06 - 00014 - 0090 - 00001 /0
2 . 730 High Street
HARDEES ADDITION TO SEBASTIAN
BLK 8 , LOT 2 , PBS 34
31 - 39 - 06 - 00014 - 0080 - 000002 . 0
ATTACHMENT-B
Indian River County Department of Utilities
Construction Cost Estimate
High Street Water Main Extension in Sebastian from CR 512 to Taft Street
1 -Mar-05
Bid Item
FQ
ated Unit of Unit Total Labor Material Unit Material
Item No. Description
ntit Measure Price Price Price
Price
63 Mobilization 1
64 Demobilization 0 .05 288 .001 0 .03
65 Maintenance of Traffic 172 . 80
1 0.05 288 .00
Old Install 8 " PVC Water Main 320
LF 10.00 39200. 00 3 .59 1 , 148 . 80
16b Install Fire Hydrant Assemblyw/6" Gate Valve & Tee
I EA 1 ,000.00 1 ,000.00 1 ,307 . 00 1 ,307 .00
OSa Furnish & Install DIP Fittings 0.20 TONS 1 ,500.00
6 Make Connection to Existing Main 300.00 55000.00 1 ,000 . 00
I EA 380.00 380.00 380.00 380.00
24 Obtain Bacterial Sample/Deliver to Lab 2
EA 40.00 80 .00
20 Potholes 2 .00 EA
100.00 200.00
60a Lawn/ROW Restoration (Topsoil & Bahia Sod 100 Sy
00
6. 00 600. 1 . 17 117.00
Subtotal Water Facilities
Total Water Facilities 5 ,760.00 3,952 . 80
1 j
6,508 . 80
TOTAL ESTIMATED CONSTRUCTION COST : $ 10,461 .60
DEVELOPER'S SHARE $2,535.06
OTHER BENEFITTING PROPERTIES $79926.54
Exhibit B
Contractors Bid Item List
PROPOSED 8"0 GV&B (2)
PROPOSED SAMPLE POINT
PROPOSED FHA
LOT
O
BL
7J0
LOT
BLOCK B
L0T
1 p LOT
BLOCK 9
726 BLOCK B
PROPOSED 8"0
WATER MAIN — PVC
�. 320 LF
LUT
C
BLOCK B
LOT Q.
3 X 4 LOT
BLOCK 9 1O
BLOCK B
LOT
11
BLOCK B
U
O.
b.
LOT
5&6
BLOCK 9 PROPOSED 16 " x8" REDUCER
/
�- EXISTING 16 " GV& B
EXISTING 16 " DIP
S�
2 �P
GD
EXHIBIT " C "
SE 1 /4 SECTION 6 31s — 39e \
Exhibit D
Property Description Front Footage Percent of Total Share of Cost
of Project
1 . Lots 1 & 29 Block 9 * 100 ' 16 . 154
1689 . 97
2 . Lots 3 & 4, Block 9 100 ' 16 . 154
1689 . 97
3 . Lots 5 & 6 , Block 9 119 ' 19 . 224
2011 . 12
4 , Lot 2 , Block 8 * 50 ' 8 , 078
845 . 09
5 . Lot 3 , Block 8 50 ' 8 , 078
845 . 09
6 . Lot 6 , Block 8 50 ' 8 . 078
845 . 09
7 . Lot 7, Block 8 50 ' 8 . 078
845 . 09
8 . Lot 10, Block 8 50 ' 8 , 078
845 . 09
9 . Lot 11 , Block 8 50 ' 8 . 078
845 . 09
Total 619 ' 100 . 000 $ 10,461 . 60
Cost per front footage = $ 16 . 90 (rounded)
*Developer' s Share = $2535. 06