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HomeMy WebLinkAbout2008-23315- awn � -a3.3 EMERGENCY WATER INTERCONNECT AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND MHC COUNTRYSIDE AT VERO BEACH, L.L.C. THIS EMERGENCY WATER INTERCONNECT AGREEMENT ("Agreement") dated as of this 2oj day of July, 2008, is by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 (the "County") and MHC COUNTRYSIDE AT VERO BEACH, L.L.C., a Delaware limited liability company, having an address at 8775 20th Street, Vero Beach, FL 32966 ("MHC"). BACKGROUND RECITALS: A. MHC operates a manufactured home community at 8775 20th Street in Vero Beach, Florida commonly known as "Countryside Mobile Home Park" (herein, the "Community"); and the Community does not have an emergency back-up water supply source during a Community water supply failure. B. The County has sufficient capacity to provide emergency water service to the Community, and a water transmission main is available for an emergency water interconnection to the Community, all on the terms and conditions set forth herein. C. MHC desires an emergency water interconnection with the County on the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the County and MHC agree as follows: 1. Emergency Interconnect System. At MHC's sole cost and expense, including, without limiting the generality of the foregoing, all permit application fees, MHC shall apply for a construction permit to construct an emergency water interconnection (herein, "Emergency Water Interconnect") to benefit the Community. The County and MHC acknowledge and agree that MHC shall own and be solely responsible for the construction, operation, and maintenance of all MHC -installed parts of the Emergency Water Interconnect as required by the Florida Department of Environmental Protection and accepted utility practices. 2. Payment. The County and MHC acknowledge and agree that: (a) there are no connection charges or impact fees due to the County for the Emergency Water Interconnect; (b) MHC shall pay, when due, the then -current and existing rates and fees for bulk water usage for water consumed by the Community during the emergency that causes the opening and use of the Emergency Water Interconnect; and (c) the 1 County has the legal ability to change the rates and fees for bulk water usage for water from time to time. 3. Use of Interconnect. The County and MHC acknowledge and agree that: (a) the Emergency Water Interconnect shall only be used in the event of an emergency that is beyond the control of MHC, such as complete disruption of the Community's water system due to hurricane or other natural disaster; (b) normal Community water system shut downs for maintenance are not and will not cause the activation of the Emergency Water Interconnect; and (c) the County is the sole entity that has the ability to activate the Emergency Water Interconnect. Notwithstanding the foregoing, the County and MHC acknowledge and agree that the scheduled Community water system maintenance, contemplated to result in a complete shut -down of the Community water distribution system, scheduled for August, 2008 (herein the "2008 Shutdown") shall be an allowable use of the Emergency Water Interconnect, but solely for the duration of the 2008 Shutdown. MHC shall provide written notice of the 2008 Shutdown to the County at least 48 hours in advance of the 2008 Shutdown, 4. Meter. MHC shall install, at its sole cost and expense, a metering facility approved by the County at the point of interconnection between the County's water supply and the Community's water supply. The metering facility is shown on the plans for the Emergency Water Interconnect, attached hereto as Exhibit "A" and incorporated herein by this reference in its entirety. The plans set forth in Exhibit "A" have been approved by the County on July 1, 2008, as evidenced by a permit approval letter from the County attached hereto as Exhibit "B" and incorporated herein by this reference in its entirety. 5. Term, This Agreement shall remain in effect for an indefinite term, subject to sooner termination as provided herein. This Agreement shall terminate in the event MHC actually connects the Community to the County's water system. 6. 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 MHC and the County. 7. Governinq 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. 2 8. 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. 9. 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. 10. Successors and Assigns. The County and MHC each binds itself and its respective officers, directors, partners, successors, assigns and legal representatives to the other party hereto and to the successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement. 11. 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. 12. Background Recitals. The background recitals are true and correct and form a material part of this Agreement. 13. Notices. Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County : Indian River County Utilities Department Attn: Mike Hotchkiss, Capital Projects Manager 1801 27th Street, Vero Beach, FL 32960-3365 Phone: (772) 226- 1821; Facsimile: (772)770-5143 MHC: Attn: Attn: Karen Doiron 5100 West Lemon St. #308 Tampa, FL 33609 Facsimile: 813-902-6381 With a required copy to: Kenneth Kroot, Esq. Two North Riverside Plaza 3800 Chicago, IL 60606 Facsimile: 312-279-1653 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or M holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 14. Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by MHC shall survive the termination or expiration of this Agreement. IN WITNESS WHEREOF, the County and MHC have caused this Agreement to be executed in their respective names as of the date first set forth above. ess Signature ATTEST: J. K. Barton, Clerk U ;eph Al Baird unty Administrator as to form and legal sufficiency: MHC COUNTRYSIDE AT VERO BEACH, L.L.C., a Delaware limited liability company By: Title: V P•, ��/sr. �i•� BOARD OF COUNTY COMMISSIONERS.r INDIAN RIVER GOA T , F ,I-ORIDA . Sandra L. Bowden; Chairman,, " .p -'0 w 4t. # •'f vof I 3 ae0 Date BCC Approved:'/,,�'Judy-45*11> rian E. Fell, Senior Rssis`tant County Attorney 0 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES 1801 27TH STREET V. VERO BEACH, FLORIDA Tel. (772) 567-8000 JORI��% Fax (772) 770-5143 Zev Cohen & Associates, Inc. 4475 US l South, Plaza S, Suite 601 St. Augustine, FL 32086 Phone: 904-797-1610 Date: July 01, 2008 UCP # 3083 Countryside North Water Main Re: Extension WE ARE SENDING YOU: ® Attached ❑ Specifications ❑ Under separate cover the following items via: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Utility Construction Permit ❑ Copy of letter ❑ Change Order ❑ Samples ❑ Other: COPIES DESCRIPTION 1 Approved "Revised" Construction Plans THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For approval ❑ Approved as submitted © For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review & comment ❑ For Bids Due ❑ Resubmit ❑ Submit ❑ Return Other: RE,EMARKS: a) Please schedule a "Pre -Construction" meeting with %e desi Signed: Cc: Mike Hotchkiss, P.E., Capital Projects Manager (via ental!) Joe Loudermilk, Utilities Inspector Utility Project File UCP # 3083 Copies for approval Copies for distribution Corrected prints Utilities Inspector. Jesse R. Roland, Plans Reviewer (If enclosures are not as noted, kindly notify us at once) I?1Util itics4U711-IT5' • CNGINHERING11'alic0s - Ulililr Cbnstmcliun NnnitslCamnrysiJe North. Winer Alain rAlensiun • I1CPN 3nNYUMILs111ilml Fenn-II1)3.ZCA.7-111-ItN jrr.Joc Page 1 of I ►n Romer County Utilities Department Approved Approved as Note Rcvise and Resubmit of Approved For_ 1?tUviety has been performed to confirm compliance .%thh Indian River County Design and Construciil►n Standards. Neither the reviewer nor the County is the design Engineer -of -Record and therefore neitirter entity accepts responsibility for the accuracy an+: the conlents of the design documents and/or other data sub►pitted by the applicant. Date: Signature: -T INDEX DESCRIPTION COVER SHEET GENERAL NOTES UTILITY PLAN CONSTRUCTION DETAILS MAINTAINENCE OF TRAFFIC & DETAILS EL )NTY UTILITY T., 32960-3388 0-5300 : ROWLAND kND LIGHT 34947 9-6207 HOLLY DEPT. COMCAST 1495 NW BRITT ROAD STUART, FL 34994 PHONE: 772-692--9010 CONTACT. STEPHANIE MUELLER TELEPHONE: AT&T 3300 OKEECHOBEE ROAD OKEECHOBEE, FL 34947 PHONE: 772-460-4443 CONTACT. MARK GUTIERREZ :I 60 cm F-�I P4 W W 101000041c PC 0 0 U W z Q n z aJ Z�F Zo t CJ W z N to z r o 0 Co OW Wiz � a a I^ D- C.). p W Ll z o Q Q "z w 05d ° ul 4 U OX Z WIL : . Q w z $ No W zzii,m y o O WPI WWM o > z a z to g lu ? Cry EL jr rn w CL 0 a FILE LOCATION NOT VALID WITHOUT EMBOSSED SEAL SCALE: AS SHOWN SHEET C-1 OF 5 Jim gN� o 00 l � x mn vu M y oz rn o _ � z _ I -_{ AM COOT 1 "Ill LA M O $ N fA % ., mn �$gP0 mou N T )I, o&b�_� c ico � a cm) NNnn = $ Z ti Qo m €�,aIil I I 'rf t fPtlS� YJ le Lid a ZEV COHEN • ^*COUNTRYSIDE NORTH } IATWS. 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