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HomeMy WebLinkAbout2005-159 VJ / -LU / LV VJ V .7 . -LU rnA 1 I L JUL I -LUV VL11� 11i1\ nUUvv . `C:I vvr. INTERLOCAL AGREEMENT / EASEMENT between INDIAN RIVER COUNTY, FLORIDA and SCHOOL DISTRICT OF INDIAN RIVER COUNTY This Interlocal Agreement , entered into this 10th day of May , 2005 by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its Board of County Commissioners , hereinafter referred to as COUNTY and the SCHOOL DISTRICT OF INDIAN RIVER COUNTY , FLORIDA hereinafter referred to as DISTRICT, for the purpose of providing drainage facilities . WITNESSETH : WHEREAS , the DISTRICT owns a 20 acre parcel of land along the north side of 81 " Street, west of 66th Avenue , known as Tax Parcel ID #31393100000100000001 . 7, which is the site of the "New Liberty Magnet School", as described in Exhibit "A" (The Property), and WHEREAS , both the COUNTY and the DISTRICT share mutual concerns with respect to drainage facilities for 81St Street and development of the DISTRICT property located adjacent to 81st Street, and WHEREAS , both the COUNTY and the DISTRICT can assist each other through a joint effort that will facilitate a solution to the drainage needs in the area, and WHEREAS , " Surface Water or Stormwater Management System " means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb , inhibit, treat , use or reuse water to prevent flooding, over drainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system , as permitted pursuant to Chapters 40C 4, 40C 40, or 40C42 , F . A .C . , and WHEREAS , maintenance of the surface water or stonmwater management system( s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St . Johns River Water Management District . The parties to this Interlocal Agreement shall be responsible for such maintenance and operation as specifically set forth in this Agreement . Any Page 1 of 3 UJ / 1b / ZUU0 UU : 16 NAA *112 DbZ 115U UAH1'hX AJ , UU* WJUUJ Ii► repair or reconstruction of the surface water or stormwater management system shall be as pennitted , or if modified as approved by the St . Johns River Water Management District , and WHEREAS , any amendment to this Interlocal Agreement which alters the surface water or stormwater management system , beyond maintenance in its original condition, including the water management portion of the common areas, must have the prior approval of the St. Johns River Water Management District, and WHEREAS , the St . Johns River Water Management District, COUNTY, and DISTRICT shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Interlocal Agreement which relate to the maintenance, operation and repair of the surface water or stormwater management system . NOW, THEREFORE, in consideration of the mutual terms, conditions , promises , covenants and premises hereinafter set forth, the COUNTY and DISTRICT agree as follows : 1 . The above "WHEREAS " clauses are adopted and incorporated herein. 2 . The DISTRICT shall design, permit, and construct inlets, structures and piping to direct runoff from the portion of 81St Street adjacent to The Property frontage to the stonnwater management pond on the DISTRICT ' S site, as part of the New Liberty Magnet School Project . 3 . The COUNTY shall be responsible for the perpetual maintenance of the improvements within the COUNTY ' S road rights-of-way, and shall be responsible for the clean-up of any toxic spills that occur within the road rights- of-way, including all necessary clean-up , decontamination, and restoration of the stormwater management system on The Property, 4 , The DISTRICT shall design, permit, and construct a stormwater management system and an outfall structure to the Indian River Farms Water Control District ' s Sublateral 13E Canal on the DISTRICT ' S site . The stormwater management system shall be designed to accommodate the runoff from the DISTRICT ' S site and from the adjacent 81 ` t Street area. 5 . The DISTRICT shall be responsible for the perpetual maintenance of the stormwater management system , as required by permit. 6 . The DISTRICT hereby grants the COUNTY a permanent drainage easement to drain runoff from the portion of 8I ' t Street adjacent to The Property ' s frontage into the stormwater management system on The Property, and through the outfall structure to the Indian River Farms Water Control District ' s Sublateral 13E. Canal . Page 2 of 3 IN WITNESS WHEREOF , the parties have caused this Interlocal Agreement to be executed by their duly authorized officials on the day and year first written above . SCHOOL DISTRICT OF INDIAN RIVER COUNTY INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By : ABy : S William D . Hughes , Chairman Thomas S . Lowther, Chairman r)tn CBy : A 60M) Jose Baird, County Administrator , Thomas B . Maher, Superintendent n Of Schools and Secretary to the r If School Board of Indian River County William G . Collins , Il , County Attorney (approved as to form and legal sufficiency) Approved by BCC : May 10 , 2005 Attest : effrey K . Barton , lerk of Circuit Court By : Page 3 of 3 N : \PS W\P\02 - 31 E\InterlocalAgreement. doe EXHIBIT " A " LEGAL DESCRIPTION : THE WEST 332 .65 FEET OF THE EAST ONE- HALF ( 1 /2) AND THE EAST 392 . 35 FEET OF THE WEST ONE HALF ( 1 /2) OF THE FOLLOWING DESCRIBED PARCEL : THE SOUTH ONE -HALF ( 1 /2) OF THE NORTHEAST ONE- QUARTER ( 1 /4) OF SECTION 31 , TOWNSHIP 31 SOUTH , RANGE 39 EAST; LESS AND EXCEPTING THE NORTH 50 FEET FOR SEBASTIAN RIVER WATER CONTROL DISTRICTS SUB - LATERAL R 13 E CANAL (A 100 FOOT WIDE RIGHT-OF-WAY) AND THE SOUTH 13 FEET FOR S 1 ST STREET (AN EXISTING COUNTY IMPROVED AND MAINTAINED ROADWAY) , ALL OF THE ABOVE DESCRIBED PARCEL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, CONTAINING 20. 00 ACRES , MORE OR LESS .