HomeMy WebLinkAbout2003-078 �� - I - 0 3
s
03078'
AGREEMENT
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 ofwhichis
8730 US HWY. l : 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 installation of the off-site
utilities as outlined below :
A . 6 -Inch Diameter Master Planned Force Main along Eastside of 58"' Avenue from midway between 61 '
Street and 65 " to the North side of 65 "' Street (King's Hi way)
The DEVELOPER shall furnish and install a total of approximately 1394 linear feet of PVC and
Polyethylene (PE) 6 inch diameter pipe and appurtenances, Master Planned sewer force main along the
east side of 58 "' Avenue, running north along 58"' Avenue, and ending on the Northeast corner of 58t"
Avenue and 65 "' Street. See Exhibit " C" for location sketch and Exhibit "B" for a detailed cost
tabulation.
Reimbursement: The COUNTY shall provide 100% reimbursement to the DEVELOPER for this Master
Plan force main 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, and shall not exceed the total amount of $44,656.07 (See attached Exhibit B).
B . 6 " Diameter Non Master Planned Force Main along South Side of 65 "' Street from the new force main in
\`JESSICA\C\DOCUMENTSAND SETENGS\BYRNEJOI \MYDOCUWNTS\MYDOCUMENTS\SPECS\DEVELAGREE\02-121BDEVEL FINALVERSION.DOC Page
y
w
s
the East side of 58 h Avenue to Western most Property Boundary of Tropical Isles Subdivision
The DEVELOPER shall furnish and install a total of approximately 919 linear feet of PVC and
Polyethylene 6 inch diameter pipes appurtenances beginning in the southeast corner of 58`h Avenue and
65`h Street, crossing under 58`1i Avenue, and along the south side of 65 "' Street to the western most
property boundary of Tropical Isles Subdivision. See Exhibit " C " for location sketch and Exhibit "D" for
a detailed cost tabulation.
Reimbursement : The COUNTY shall reimburse the DEVELOPER pursuant to the provisions of Section
201 . 11 , The Code of Indian River County, for funds advanced by DEVELOPER to construct facilities in
accordance with the COUNTY' S Master Plan, less the cost of the DEVELOPER'S front footage line
extension fees as set forth below. The funds to reimburse the DEVELOPER shall derive from the
connection charges of other properties that use the constructed lines and facilities based on their share of
the hydraulic capacity used. The COUNTY' S obligation to make reimbursement to DEVELOPER shall
expire five (5 ) years from the date of this Agreement. Compensation shall be in the form of a check from
the County - the total of all payment shall not exceed the total amount of
$31 ,504.91 (See attached Exhibit D) .
The DEVELOPER'S share for this portion is tabulated below :
Total Frontage Cost per Front Footage $/ ft. Developer Cost
65th
Street 164 .23 ft. $22 .236981 $3 ,651 . 98
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 .
\\JESSICA\C\DOCUMENTS AND SETTINGS\BYRNEJOI \MY DOCUMENCS\MY DOCUMENTS\SPECS\DEVEL AGREE\02-121B DEVEL FINAL VERSION.DOC Page 2
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 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)
11 . Entire Agreement
\VESSICA\C\DOCUMENTS AND SETTINGS\BYRNEJ01 \MY DOCUMENPSMY DOCUMENTS\SPECS\DEVEL AGREE\02-121 B DEVEL FINAL VERSIONDOC Page 3
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 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
\\JESSICA\C\DOCUMENPS AND SETTINGS\BYRNEJ01 \MY DOCOMENTS\MY DOCUMENTS\SPECS\DEVEL AGREE\02-121 B DEVEL FINAL VERSION.DOC Page 4
or against the COUNTY' s officers, employees or agents in connection therewith.
14 . Payment and Performance Bond :
The DEVLOPER 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 :
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
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.
\\JESSICA\C\DOCUMENTS AND SETTINGS\BYRNEJOI WY DOCUMENTS\MY DOCUMENTS\SPECS\DE VEL AGREE\02-121 B DEVEL FINAL VERSION.DOC Page 5
J
4
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.
Remainder of Page Intentionally Left Blank
\\JESSICA\C\DOCUMENPS AND SETTINGS\BYRNEJOI \MY DOCUMENTS\MY DOCUMENTS\SPECS\DEVEL AGREE\02-121 B DEVEL FINAL VERSION.DOC Page 6
bl/ l :i/ 'Lbb .i bl : 45 ! ! 'L ! / tf3b ! t IIt.�nY t-t5xn.
rHUC u �
d �
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 taws of the State of
Florida, then , in such event, the time of quell period shall be extended to the next day which is not a
Saturday. Sunday or Iega.1 holiday.
IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this
Agreement as follows :
DEVELOPER : �ffd n C v
fitness Signature By .
0E Printed namee
Aua
Witness Printed Name 60 v
Title : ( President or Vice President) &S
Date : Z -� C/
Witness Signature
` .\° `u�t11a11E1 i.11L1e3 id 1 Bt/
b . . �e��` t�
ii.
•�M\SSIOIyF••. iii
Witness Printed Name :'moo° ch 25, ?��Oq�
. g cn .
. kIMP
� IMP
. 4 • �
STATE OF FLORIDA " 2 ? #CC921o5s ;oma
.row, •,
COUNTY OF INDIAN ••�1F •'
RIVER �., sees 0
Il/111111111�,,R,
The foregoing rostrum nt was acknowledged before me this
by o. h �CE �Cr C��,� day of -e z)14 u4 c�.� , 20
produced who is personally s to me or who has
as identification.
Name : & L)rq , �L'C�E � r Notary Public
Commission # CC / avoo`r�D
Expiration Date �o �
ATTEST : BOARD OF COUNTY COMMISSIONERS
J. K. Barton, Clerk of Circuit Court INDIAN R COUNTY, FLORIDA
y3B
2Deputy Clerk K nneth R. c t, Chairman
BCC Approved Date April 1 2003
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appeared Mr. Kenneth R. Macht , as Chairman of the Board of County Commissioners,
andn ,- 121
, as Deputy Clerk, for J. K. Barton, to me well known to be the
persons who executed this instrument and they acknowledge before me they executed same on behalf of said
Board .
Witness my hand and official seal this / S day of L. Cru. 2003.
�,,7 /
J Not Public
Name :
Commission # ( 0 C` r/' � �J / 5 $1�*Y °4.� RETA M SMITH
n
MY COMMISSION # CC 969415
Expiration Date y p OF
EXPIRES: SeP 20, zoos
1-BOD&NOTARY FL Notary Service & Bonding, Inc.
Approved as to Form and Legal Sufficiency Approved by:
et�yney /Jes Chandler
nty Administrator
BCC Approval : Apri 1 1 , 2003
\\JESSICA\C\DOCUMENPS AND SETTINGS\BYRNEJOI MY DOCUMENTS\MY DOCUMENTS\SPECS\DEVEL AGREE\02-121 B DEVEL FINAL VERSION.DOC Page 8