HomeMy WebLinkAbout2004-315C Ul
PERMIT AND INTERLOCAL AGREEMENT
0
THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of
,200)by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT , a drainage district organized and existing under the General Drainage Laws
of the State of Florida, whose address is 4400 201'' Street, Vero Beach, Florida, hereinafter
referred to as the "District" , and the INDIAN RIVER COUNTY, a political subdivision
of the State of Florida, hereinafter referred to as the "Permittee " .
NOW, THEREFORE , the District does hereby grant unto the Permittee a permit
for a period of sixty months (60) months from January 1 , 2005 , unless sooner terminated
as hereinafter provided, to construct, maintain, inspect, operate and repair a force main in
District right-of-way along Oslo Road from 27' Street easterly , with two crossing
extensions South across sub-lateral E- 8/J-2 canal , to Lateral "J" Canal ; the crossing of
Lateral "J" Canal (approximately 100 feet North of Oslo Road Bridge) ; and force main
North and 5 feet inside the East right-of-way of the Lateral "J" Canal for a distance of
2 ,250 lineal feet (0 . 4261 miles) at the locations and in accordance with the plans and
specifications attached hereto and marked "Exhibit A" and signed by the parties and , by
reference, made a part hereof, together with the right of ingress and egress on and over
the property at said locations ; provided, however, that as a condition precedent to the
rights herein granted, Permittee agrees to and with the District as follows :
1 . That the construction and installation of force main has been in exact
conformity with the plans prepared by Masteller & Moler Associates , Inc . marked
"Exhibit A" .
2 . The rights shall extend only for force main used exclusively by Indian River
County (unless otherwise agreed to by District) and belonging to the Permittee and the
Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a
third party .
3 . Permittee assumes full responsibility for the construction, operation and
maintenance of said force main and shall save and hold harmless District from any
expense , loss , damage or claim in regard thereto , and the District assumes and shall have
1
no liability in connection therewith . The parties having expressly negotiated to allocate
all risk and expense in connection therewith to Permittee .
4 . That this Permit is subject always to the paramount right of the District to keep
and maintain its drainage district functions and operations , and is subject to revocation
and cancellation upon thirty days ' notice from District to the Permittee .
5 . Solely to the extent permitted by Florida law, and in no event greater than the
limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the
District, its agents , officers, and employees against all claims , losses , and liabilities ,
(specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts
or omissions of the Permittee, its employees, and elected officials arising out of, under, or
in connection with, the Permittee ' s performance under this Agreement . Nothing
contained herein shall be deemed or construed to provide, directly or indirectly , an
indemnity from the Permittee for any negligent acts or omissions of the District , its
agents and employees arising out of, under, or in connection with this Agreement .
6 . Permittee is cautioned that electrical , water, sewer, gas or other installations or
utilities may be located within the permit area, and Permittee shall use diligent efforts to
first detect and locate all such installations and shall coordinate construction with all
other lawful users of said right-of-way . Permittee shall be liable for all damages
proximately resulting from its interference with or interruption of services provided by
other lawful right-of-way users .
7 . The District may , on thirty (30) days ' written notice to the Permittee , require
cessation of use into District ' s facilities , removal or alteration of any installation or
construction on District right-of-way .
8 . Any construction on District right-of-way or property and cleanup shall be
completed promptly by Permittee and in a workmanlike manner with minimum
disturbance to existing berm, channel slopes and grade with proper restoration and
planting of any disturbed areas to prevent erosion within ten days after completion of
construction or installation.
9 . The Permittee shall at all times maintain cable markers above ground at 100
foot intervals to show the location of any underground objects . The force main shall be
2
constructed and installed to permit the crossing of heavy equipment used by the District
for the maintenance of its laterals , sublaterals and canals and for any similar heavy
equipment used by land owners within the District . In any case where the force main
crosses a pipe or culvert used for drainage or irrigation purposes , or a pipe or culvert is
needed hereafter for drainage or irrigation of adjacent lands , and the same is deemed by
District or an adjacent landowner to be required to be installed, repaired or replaced , then
upon twerity-four (24) hours ' notice, Permittee shall , at Permittee ' s sole cost and expense ,
be available at the location of, and arrange for such installation, repair or replacement
with personnel and equipment to insure that the force main does not endanger or prevent
the installation, repair, replacement or use of pipes or culverts for drainage or irrigation
purposes . The District has the right to determine the exact location of the force main
within the said right-of-way in order that the location of name shall not interfere with the
District ' s functions and operations and of the District land owners .
10 . Permittee shall advise District ' s office prior to commencement or completion
of all construction .
11 . Permittee shall not discharge any pollutants , contaminants or deleterious
materials into waters or structures owned or maintained by , or subject to the jurisdiction
of District, nor permit anything to obstruct the flow of water, and shall save and hold
District harmless from any expense , loss or damage to District or others by any such
discharge or obstruction, remedying or removing the same immediately upon request by
District.
12 . This Permit shall exist only so long as Permittee may be in full compliance
with all requirements of the Department of Environmental Protection for the State of
Florida, as such requirements relate to this project, and if, at any time , the Permittee shall
fail to meet such requirements , then this Permit shall , ipso facto , immediately become
null and void .
13 . Permittee , as a condition to the continuance of this Permit, shall reimburse
District, immediately on demand , for any fees for testing or other professional services ,
costs or expenses to District associated with or arising from Permittee ' s use of District
right-of-way .
3
14 . The Permittee shall pay to the District an annual rental of Five Hundred
Eleven and 32/ 100 Dollars ($ 511 . 32) , payable in advance ; effective on each anniversary
date hereof, notwithstanding the term may exceed 12 months , the annual fee may be
subject to increase to reflect increases in costs to District of permitting the use of its
rights of way , by others . In addition to the permit fee payable hereunder, if the permit
applied for or the use for which the permit is granted requires engineering or legal work
for purposes of processing and approval by District, then Permittee shall pay promptly
when invoiced all engineering and legal fees incurred by District in connection herewith
and shall indemnify District for the same , saving and holding District harmless from any
liability in connection therewith.
15 . This Permit shall be effective January 1 , 2005 and continue for a period of
sixty (60) months unless sooner terminated as provided herein .
16 . In the event that this Permit is canceled or terminated, the Permittee shall , at
its expense , promptly remove the sewer force main from the right-of-way of the District .
17 . This Permit shall be considered to be a license only , for the limited purpose
of installation, placement and maintenance of the improvements specified on the face
hereof, and does not convey any other right, title or interest of the District in the subject
right-of-way property .
18 . Permittee assumes full responsibility for any construction , operation or
maintenance on District property or right- of-way subject to the Permit and understands
and agrees that Permittee ' s use of District property for Permittee ' s purposes and benefit is
at Permittee ' s sole risk ; any loss or damage to Permittee ' s property, installations ,
facilities or personnel while on District property or right-of-way , regardless of the cause
of the same , including, without limitation, negligence or want or care on the part of
District, its agents or employees , whether by reason of the provisions of Chapter 556 ,
Florida Statutes , or otherwise , is Permittee ' s and not District ' s and , as a condition of this
Permit, Permittee promises , covenants and agrees that neither Permittee , nor anyone
claiming by , through or under Permittee , shall have any claim or cause of action against
District by reason of such loss or damage . The parties hereto further acknowledge and
agree that District has no obligation to allow Permittee to enter upon or use District ' s
4
property or right- of-way, and does so only in consideration of Permittee ' s release of
District from any responsibility or liability whatsoever, now or in the future , and
Permittee agrees : that it is able , at its own expense , to insure against loss or damage ,
without granting any right of subrogation to claims against District or Permittee is a
self- insurer, warranting and representing to District that Permittee assumes all risk of loss
or damage , and shall save and hold harmless District from any expense , loss , damage or
claim in regard thereto , and the District assumes and shall have no liability in connection
therewith including , without limitation, attorneys ' fees , fines and penalties .
19 . This Permit may not be assigned or subletted to a third part and any transfer
of Permittee ' s property abutting District ' s property or right- of-way shall , ipsofacto and
without more , cancel , nullify and revoke this Permit .
20 . Should Permittee, during the term hereof, become a "member operator" , as
defined by Florida Statutes, Section 556 . 102 (7) , then such membership shall , ipso facto
and without more , cancel , nullify and revoke this Permit .
21 . In consideration of the grant of this Permit, :Permittee , if a public or private
body with the power of eminent domain, expressly waives and relinquishes any power of
eminent domain or condemnation of the property as to which this Permit applies for the
use for which the Permit is granted . His clause shall survive termination or expiration of
this Permit.
IN WITNESS WHEREOF , said District has caused these presents to be
executed in its name by its Secretary and its corporate seal hereto affixed , by due
authority of its Board of Supervisors , this Af day of /\JaV , 200
Signed, sealed and delivered
in the presence of: INDIAN RIVER FARMS WATER
CONTROL DISTRICT
By
David ,E . lr X11 8,96ietary
as to District I ' �
d-
b; ( SEAL )
, >
npo ,
X,4 if
^ ew
e ak
1
5 , , ,
Permittee hereby accepts the terms of this Permit, and covenants and agrees that it
will comply with the terms and conditions of this Permit .
Dated this 15th day of _Decemher , 2004 .
INDIANRIVER COUN
By
Chairman Ar hu r Re erg4r
Date Signed : pecember 15 , 2 (1 (14. '`1
ATTEST : J . K . Barton, Clerk
By : 3
Deputy Clerk
APPROVED :
By :
J s ph A . County Administrator
Ap oved s to Form and Legal Sufficie cy
Zell , Assis orney
6