HomeMy WebLinkAbout2004-315D ®� PERMIT AND INTERLOCAL AGREEMENT 04
THIS PERMIT AND INTERLOCAL AGREEMENT, dated this d y 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 20`x' 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 (60) months from January 1 , 2005 , unless sooner terminated as
hereinafter provided, to install , maintain, inspect, operate and repair a 24 fiber-optic
cable , at a depth of 30", under District right-of-way two feet inside the North right- of-
way line of the Main Canal for a distance of 9, 150 lineal feet ( 1 . 73 miles) , with detectable
marking tape and 12 " cover, at the locations and in accordance with the plans and
specifications provided to Carter Associates, Inc . prepared by Precision Construction
Services , Inc . , 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 fiber-optic cable shall be in exact
conformity with the plans prepared by Precision Construction Services , Inc . , provided to
Carter Associates , Inc .
2 . The rights shall extend only for fiber-optic cable 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 fiber optic cable and shall save and hold harmless District from any
expense , loss, damage or claim in regard thereto , and the District assumes and shall have
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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, 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 of 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 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 markers above ground at 100 foot
intervals to show the location of any underground objects . The fiber- optic cable shall be
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so 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 fiber
optic cable 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 twenty-four (24) hours ' notice , Permittee shall , at Permittee ' s sole
cost and expense , be available at the location of, and undertake such installation, repair or
replacement with personnel and equipment to insure that the fiber optic cable 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 fiber optic cable within the said right-of-way in order that the location of same
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 ,
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costs or expenses to District associated with or arising from Permittee ' s use of District
right-of-way .
14 . The Permittee shall pay to the District an annual rental of Two Thousand
Seventy Six and No/ 100 Dollars ($ 2 , 076 . 00) , 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 fiber optic cable from the right-of-way for 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
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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 of District ' s
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 as 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 to the extent
allowed by law.
19 . This Permit may not be assigned or subletted to a third party and any transfer
of Permittee ' s property abutting District ' s property or right-of-way shall , ipso facto 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 : Permittee ' s obligations under Paragraphs 3 , 5 and 18 may be affected by
Florida Statutes ' restrictions on hold harmless clauses .
22 . 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. This clause shall survive termination or expiration of
this Permit.
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IN WITNESS WHEREOF, said District has caused these presents to be
executed in its name by its Secretary and its corporate r/seal hereto affixed, by due
authority of its board of Supervisors, this day of I ) , 200
Signed, sealed and delivered
in the presence of: INDIAN RIVER FARMS WATER
f 1 CONTROL DISTRICT
✓fes `" �l � �- David. E . Gdritei , Secretary
as to District
4A )
lf. p
ry '
Permittee hereby accepts the terms of this Permit, and covenants ai cT agrees that it
will comply with the terms and conditions of this Permit .
Dated this 14th day of December , 2004
INDIAN RIVER COUNTY
s:
By , .
r* uborger Chairman Arthur R1
Date Signed : December 14 , 2004
ATTEST : J. K . Barton, Clerk {.
By :
Deputy Clerk
APPROVED :
By : (�
J ph A . Aaird, County Administrator
Appro d a o Form. and ienc
w
By . 'f
, Assist a ttorney
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