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COST SHARE AGREEMENT C o o
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
OLD SAVANNAH PROPERTY OWNER'S ASSOCIATION, INC.
THIS COST SHARE AGREEMENT ("Agreement") dated this 2nd day of
May , 2006, is by and between INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, 1840 25th Street, Vero Beach, FL 32960 (the "County") and OLD
SAVANNAH PROPERTY OWNER'S ASSOCIATION, INC., a Florida non-profit
corporation, 3885 20th Street, # 202, Vero Beach, FL 32960 ( the "POA").
BACKGROUND RECITALS:
A. The POA, representing the homeowners within the 49 lot Old Savannah subdivision
located on 27.84 acres between 16th Street and 18th Street, west of 43rd Avenue in Indian
River County, and recorded in Plat Book 17, Page 35 of the public records of Indian River
County has requested that the County furnish, install and connect a complete back-up 30
KW generator power system to serve the wastewater lift station within the Old Savannah
subdivision (all of the foregoing hereinafter referenced as the "Generator System").
B. In furtherance of the request by the POA for the Generator, the POA has agreed to
pay seventy-five percent (75%) of the cost of the Generator System, on the on the terms
and conditions set forth below.
C. The County, by and through its Utility Department, has a program to retrofit key
wastewater lift stations throughout the County with emergency generators, funded as part
of the County's annual capital budget.
D. The County recognizes that the various subdivisions within Indian River County may
wish to have a generator for a subdivision in advance of the time that the County may
provide a back-up generator to any such subdivision.
E. The County has established a policy whereby a subdivision represented by a duly
formed homeowners' or property owners' association may enter into an agreement with
the County to cost share the cost of such back-up generator on a 75 percent (75%) basis
with the County funding the remaining 25 percent (25%) cost of such back-up generator.
F. The County agrees, on the terms and conditions set forth below, to pay 25 percent
(25%) of the cost of the Generator System.
NOW, THEREFORE, for and in consideration of the mutual promises set forth
herein and other good and valuable consideration, the COUNTY and the POA agree as
follows:
1. Stand -By Generator System.
The County
shall
competitively bid,
award, and
supervise the furnishing, installation,
and connection
of the
Generator System
upon receipt
of payment from the POA in the amount of $22,500. The County shall pay the remainder
of the cost of the Generator System.
2. Payment.
The POA shall pay
the
County, in advance, $22,500 for
the Generator
System. The
parties acknowledge
and
agree that the POA payment of 75
percent (75%)
of the cost of
the
Generator System
is a
not to exceed amount of $22,500.
of the party or
3. Maintenance. The County shall be responsible for maintenance of the Generator
System, as the County is the owner of the Generator System and the wastewater lift
station within the Old Savannah subdivision.
4. Permits. The County is responsible for obtaining all construction and operating permits
required for the construction, delivery, connection, and installation of the Generator
System.
5. Entire Agreement. This Agreement incorporates and includes all prior and
contemporaneous negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements, or understandings of any nature whatsoever concerning
the subject matter hereof that are not contained in this document. Accordingly, it is agreed
that no deviation from the terms hereof shall be predicated upon any prior or
contemporaneous representations or agreements, whether oral or written. No alteration,
change, or modification of the terms of this Agreement shall be valid unless made in
writing and signed by the POA and the County.
6. Governing Law and Jurisdiction: The validity, interpretation, construction, and effect of
this Agreement shall be in accordance with and governed by the laws of the State of
Florida, only. The location for settlement of any and all claims, controversies, or disputes,
arising out of or relating to any part of this Agreement, or any breach hereof, as well as any
litigation between the parties, shall be Indian River County, Florida for claims brought in
state court, and the Southern District of Florida for those claims justiciable in federal court.
7. Severability. In the event that any section, paragraph, sentence, clause, or provision of
this Agreement shall be held by a court of competent jurisdiction to be invalid, such holding
shall not affect the validity of the remaining portions of this Agreement, and the remaining
portions of this Agreement shall remain in full force and effect.
8. Construction.
The headings
of the sections of this Agreement
are for
the purpose of
convenience only, and shall not be deemed to expand, limit, or
modify
the provisions
contained in such sections. All
pronouns and any variations thereof 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. Availability of Funds. The obligations of the County under this Agreement are subject
to the availability of funds lawfully appropriated for its purpose by the Board of County
Commissioners of Indian River County.
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10. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed to be an original copy and all of which shall constitute but one and
the same instrument.
11. Background Recitals. The background recitals are true and correct and form a
material part of this Agreement.
IN WITNESS
WHEREOF, the
County and the
POA have caused this Agreement to be
executed
in their
respective
names
as of the date
first set forth
above.
Witness Signature
Name
OLD SAVANNAH PROPERTY
OWNER'S A55JO.CIATION, INC.
, President
Witness Signature
n-.rfi
1'>f -
Printed NamFnl��L!/. ,S7ipr1�f3R�j�y
ATTEST.' J kC ;BartonClerk BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER CO TY, FLORIDA
B B �
/%deputyg Clerk"'x,. Arthur R. NLuerger, C ai an
!AN
Date BCC Approved: May 21 2006
Approved:
tose
ph A. Baird
unty Administrator
Approv d as to form and legal sufficiency:
/ 7i7
n E. Fell,
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