HomeMy WebLinkAbout2003-109 AGREEMENT 02
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
ATLANTIC COAST CONSTRUCTION & 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 ATLANTIC COAST CONSTRUCTION & DEVELOPMENT INC. the address of which is 8730
US HWY. 1 ; MICCO, FL 32976 , (hereinafter the DEVELOPER) is effective upon execution by the second
of the two parties .
WHEREAS , the DEVELOPER, in conjunction with the construction improvements at TROPICAL
ISLE/PARK LAKE ESTATES SUBDIVISIONS , is providing water and wastewater facilities to serve the
subject property located at SOUTHSIDE OF 65TH STREET, WEST OF 58TH AVENUE , 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 construction of the
off-site utilities as outlined below :
A. GRAVITY SEWER & PUBLIC LIFT STATION
The DEVELOPER shall furnish and install an 8 -inch gravity sewer main through the Park Lane
Estates development to a proposed lift station along 58 `h Avenue .
Reimbursement : The COUNTY shall reimburse the DEVELOPER based on an itemized invoice of
the installed materials on a percentage complete basis - less 10% retainage, monthly, with final
payment and release of retainage at the time the above reference facilities are dedicated to and
accepted by the COUNTY . Reimbursement shall be in the form of a check from the COUNTY, shall
not exceed 50% of the actual construction cost , and shall not exceed the total amount of $ 68,465 . 68
(see attached Exhibit B) .
The DEVELOPER ' S fee for this portion is $ 68 ,465 . 67 as shown on Exhibit B :
2 . Amendment :
This Agreement may be modified only by a written instrument executed by all parties to the Agreement.
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F-\UTILITIES`%UTILITY - ENGMEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS TROPICAL ISLE SUBDIVISION - UCP#2173'�.DEVELOPER AGREEMENT 12-23 -02 REV 2.DOC
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 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 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 ofthe 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
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\VESSICA\CDOCDMENIS AND SEITIlJGSIBYRNEJ0141fY DOCIIMENTS\MY DOCObfENTSVSPECSIDEVEI, AGREE\02-121B DEVEL SEWEA.DOC
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 ba 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)
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 busineEs 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
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WESSICA\COOCDA99M AND SF=GSWRNFJ01 MY DOCUT% NWMY DOCUNMTM\SPECS\DEVEL AGREE02-121B DEVEL SEWERDOC
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 parry 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 . Payments and Performance Bond :
The DEVLOPER agrees to furnish to INDIAN RIVER COUNTY a payment bond for 100 percent ofthe 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 :
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 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, 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
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1`JESSICAXODOCUNUNTS AND SEITINGSWRNEJ014MY DOCUNO N"MW DOCUNENTSISPECSIDEVEL AGREE\02-121B TE 4P.DOC
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 . Severabilitv / 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
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.
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l'JESSICAC\DOCUMENTS AND SE'CIPiGSIBYRNEl01\MY DOCUMUNPS1MY DOCUMENTSISPECSIDEVEL AGREE'02-121B DEVEL SEWER.DOC
IN SS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this
Agreeme as follows :
0
DEVELOPER:
Witness Signa re By:
Or
Printed name -` VO l /�1� d�,•.
Witness Printed Name
Title: (President or Vice President) tos ) Jfnt
Date : � y
Witn s Signature
Witness Printed Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing i strument was c owledged before me this _ 2�_day of , 200,x,
by --who is Dersonall, known to mle or who has
produced as identification ,
(�, Not y Public
Name: l �( r�
Commission # . j
JESSICA BYRNE
Expiration Date /0 "Td MY COMtvIiSSXNI # DD 160009
EXPIRES: octobw 22, 2006
e. nud
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C:\DOCUMENTS AND SE7liNGS\91'RNEI0I\MIY DOCUMENTS\MY DOCUMENTS`.SPECSIDEVEL AGREEl92-17. 19 DEVEL SEWER DOC
ATTEST : BOARD OF COUNTY COMMISSIONERS
J . K. Barton, Clerk of Circuit Court INDIAN RIVER COUNTY, FLORIDA
"ahtBy4wakd, ByDeputyClerk Kenneth R. Mc , Chairman
Date May 6 , 2003
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before gx persopoly/,apmared Mr!JKenneth R. Macht , as Chairman ofthe Board of County Commissioners,
and TY�wu.Ga� , as Deputy Clerk, for J . K. Barton, to me well known to be the
pers 14 who executed this in trument and they acknowledge before me they executed same on behalf of said
Board.
Witness my hand and official seal this 6th day of May , 200 .
• Notary Publi
Name : E• A . h
Commission # E. Massung
$SS 3 � 'g
Kimber w
;= MY COMMISSION # CC855436 EXPIRES
July 15, 2003
Expiration Date xft 3 BONDED THRU TROY FAIN INSURANCE, INC
Approved as to Form and Legal Sufficiency Approved by:
J
OCO Attorney )ames E. Chandler
County Administrator
BCC Approved : May 6 , 2003
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1VESSICA\CUD0CUMENTS AND SFPRNGSMYRN001MY DOCUMENISIMY DOCU AWMSPECSIDEVEL AGREE102-121B DEVEL SEWER.DOC
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LEGAL DESCRIPTION :
EAST 10 ACRES OF THE WEST 20 . 4 ACRES OF TRACT 9 , SECTION 8 ,
TOWNSHIP 32 SOUTH , RANGE 39 EAST , LESS THE NORTH 266 FEET OF THE
WEST 164 FEET, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN
RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA ; ALSO WITH A 30 FOOT
RIGHT OF WAY FOR ROADS , UTILITIES , OR EASEMENTS ON THE EAST 30
FEET OF THE NORTH 266 FEET OF THE WEST 164 FEET OF ADJACENT
PROPERTY,
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SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA ,
EXHIBIT ' B '
TROPICAL ISLE/PARK LANE ESTATES
11 m ITEM QUAD UNIT : � U�1IT Ct3ST �lee
TOTAL
OFF-SITE SANITARY SEWER WORK
a . 8" PVC Gravity Sewer 742 LF $ 31 . 75 $ 231558 . 50
b . Manholes 5 EA $ 2 , 450 . 00 $ 121250 . 00
c . Lift Station 1 EA $ 771450 . 00 $ 777450 . 00
d . 4" PVC Forcemain 60 LF $ 9 . 50 $ 570 . 00
d . Double Services 2 EA $ 350 . 00 $ 700 . 00
e . Maintenance of Traffic 1 LS $ 11000 . 00 $ 17000 . 00
SUBTOTAL $ 115 , 528 . 50
10% CONTINGENCY $ 11 , 552 . 85
SURVEYING $ 11200 . 00
DESIGN $ 41000 . 00
PERMITTING FEES $ 650 . 00
BIDDING & AWARD $ 500 . 00
SERVICES DURING CONSTRUCTION $ 11500 . 00
ADMINISTRATION $ 21000 . 00
TOTAL IMPROVEMENT COST $ 1361931 . 35
ESTIMATED COUNTY SHARE $ 68 , 465 . 68
DEVELOPER'S SHARE $ 68 , 465 . 67
PAGE 9
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Park Lane Estates , Inc .
39 Treasure Coast Circle
Sebastian , FL 32958
Indian River County
184025 th Street
Vero Beach , FL 32960-3365
Gentlemen ,
Park Lane Estates , Inc . agrees to pay Indian River County 50 % of the actual construction cost not
to
exceed $68 ,465 . 68 for our portion of the combined sanitary sewer system prior to connecting to this
gravity sewer that flows through Park Lane Estates property at the Southwest corner of 58th Avenue and
65th Street . This is in addition to any line extension fees that need to be paid .
This payment is for Park lane Estates ' share of the combined gravity, lift station , and a short length
of
force main from the lift station to the force main in 58th Avenue as outlined in Schulke , Bittle & Stoddard 's
letter dated December 18 , 2002 .
Please contact me at (772 ) 633-4430 if there are any questions .
Pierre Paquette
President
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
/ 9� w'
The fore,gAing instrum was ackngwledged before me this �`� day of
by el -tee �o� G � 7 � � '
who is pers naIIT nown to me or who
has produced as identification .
Name : � CE t; C ``��r,N111111111i11AANotary Public
rC: C e G� e rer ��� �taE; Ledere ���i,,
Commission # �
Expiration Date C \ ap�� h25 2010/v�°i: �
• " 9CP
o�: #CC921056 oma`
Zo 9 ••• noY .0*
F:\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\Park Lane Estates UCP #2240\Suggested wording for
agreement. doc
PAGE 02
a
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3
JOSEPH w. scNULle PE. SCH ULKE , BITTLE & STODDARD , L . L . C .
XK" B. BRTLI; P.E.
%MUJAM P SIMMao, an . D_ , PE. CML & STRUCTURAL ENGINEERING LAND PLANIWNG • ENVIRONMENTAL pERMrMNG
Steve Doyle, P .E . December 18, 2002
Utilities Department
Indian River County
1840 25th Street
Vero Beach, F) 32960
RE : Park Lane Estates / Tropical Isle
Developers Agreement
Dear Mr. Doyle,
In accordance with our meeting last week, we have prepared the following conditions we
feel need to be a part of the agreement:
Pierre Paquette / Park Lane Estates, Inc. will execute the Agreement, not as one of the
two parties in the agreement, but as a third party acknowledging certain requirements, listed as
follows :
1 • Plans prepared by the developer of the facilities that lie within Paquette,s
property must be approved by Paquette.
2 • The developer shall provide evidence of Insurance as outlined in section
13 ., and shall name Paquette / Park Lane Estates, Inc. as an additional
insured.
3 . The developer shall provide Insurance and Indemnification to Paquette /
Park Lane Estates, Inc. as it does the county, as outlined in section 13 .
4 . The lift station shall be designed to accommodate the additional sewer
generated from the Paquette site (44 lots, 11000 gpd)
Additional areas that need to be addressed within the context of the agreement:
1 • As we understand it, IRC will be requiring the future reimbursement of the
County's cost share of the facilities from Paquette. The agreement seems to
imply that �V2 of the costs will be paid by Atlantic Coast, and '/: by IRC .
However is not actually stated that it is a 50% /50% deal. If the actual costs
are more than the estimate, IRC (and eventually Paquette) will be obligated to
Pay more than one half of the cost. The language should be edited so it is clear
that the costs are shared 50% / 50•/0 .
If you have any questions please do not hesitate to give me a call.
J W. chulke, P.
Cc : Pierre Paquette
1140 7" COURT. SWE F VERO BEACH , FLORIDA 32960
TEL 772 / 770.9622 FAx 772 / 770 -9496 EmAx sbseng@gate. net