HomeMy WebLinkAbout2004-315E ® PERMIT AND INTERLOCAL AGREEMENT
THIS PERMIT and INTERLOCAL AGREEMENT , dated this day of
e 9 200 by and between INDIAN RIVER FARMS WATER CONTROL
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DISTRICT, a drainage district organized and existing under the General Drainage Laws
of the State of Florida, whose address is 4400 20"' 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
from January 1 , 2005 , until December 31 , 2009 , unless sooner terminated as hereinafter
provided, to construct, maintain, inspect, operate and repair a 20 " diameter tertiary treated
sanitary sewer effluent line on, over and across 3 . 83 linear miles of District right- of-way
described as follows :
The West 10 ' of the East 50 feet of the South 1 , 630 feet of Section 5 ,
Township 33 South, Range 38 East; and
The West 10 ' of the East 50 feet of Section 32 , Township 33 South,
Range 39 East ; and
The North 30 ' of the South 100 feet of Sections 33 , 34 and the West
'/2 of section 35 , Township 39 East
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 apart 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 effluent line shall be in exact
conformity with the plans prepared by Carter Associates , Inc . , entitled "Indian River
County Florida, South Regional Effluent Reuse Transmission Main, County Project No .
US -94 -02 -ED " .
2 . The rights shall extend only for reuse main used exclusively by Indian River
County (unless otherwise agreed to by District) and belonging to the Permittee and the
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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 effluent line 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 . 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 , agents , 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
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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 effluent line shall be
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 effluent line
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 arrange for such installation, repair or replacement
with personnel and equipment to insure that the effluent line 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 effluent line
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
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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 .
14 . The Permittee shall pay to the District an annual rental of Four Thousand
Five Hundred Ninety Six and No/ 100 Dollars ($ 4 , 596 . 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 until December
31 , 2009 , 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 this 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
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District, its agents or employees , whether by reason of the provisions of Chapter 5561,
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
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 , 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 . 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 seal hereto affixed , by due
authority of its Board of Supervisors , this ItL day of b ✓ , 2009
Signed, sealed and delivered
in the presence of-
INDIAN RIVER FARMS WATER
CONTROL DISTRICT
as to District _
David E . Gunter; ;$vcretar:y
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p..
( SEAQ
Permittee hereby accepts the terms of this Permit, and covenants and :agre'es jhat it
will comply with the terms and conditions of this Permit .
Dated this 14. th day of necember , 200 4
INDIAN RIVER COU TY
By : 0
Chairm A thur R . ubor' 'g;er
Date Signed : December 14 , 4
ATTEST : J . K . Barton, Clerk
\ / Y
By ? . <
iA .• f
Deputy Clerk '
APPROVED :
BytepJh
A . aird , County Administrator
Ard as to Form and Legal rci c
arian E . Fell , ssistant my ttorney
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