HomeMy WebLinkAbout2004-315A PERMIT AND INTERLOCAL AGREEMENT
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[�.LTHIS PERMIT and INTERLOCAL AGREEMENT, dated this r day of
'w6�, , 200 c by and between INDIAN RIVER FARMS WATER CONTROL
DISTRICT , a drainage district organized and existing under the General Drai age Laws
of the State of Florida, whose address is 4400 20`h Street, Vero Beach , Florida, riereinafter
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 construct, maintain, inspect, operate and repair a 24 ' diameter
sanitary sewer force main on, over and across District right- of-way crossing he Lateral
"D" Canal at the Southeast corner of the Indian River County West Regional Wastewater
Treatment Plant site , and then running East along South side of Lateral "D " right- of- way
for 1 , 365 lineal feet (0 . 2585 miles) to the East side of 82" d Avenue at the locations and in
accordance with the plans and specifications attached hereto and marked "Exhibit it 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 force main shall bc in exact
conformity with the plans prepared by Masteller & Moler Associates , In( . , marked
"Exhibit A" .
2 . The rights shall extend only for force main used exclusively by In lian 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 installation, operation and
maintenance of said force main and shall expressly assume all risk of los3 to or in
connection with the same , including without limitation, any expense , loss , damage or
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claim from any cause whatsoever, and the District assumes and shall have no iability or
responsibility in connection therewith. The parties having expressly ne otiated 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 Statues , Section 768 . 28 , the Permittee agrees to indemnify the
District, its agents, officers supervisors , 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
performance under this Agreement . Nothing contained herein shall be C eemed or
construed to provide , directly or indirectly, an indemnity from the Permitt e 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 instcc Mations 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 Permitt e , require
cessation of use into District ' s facilities , removal or alteration of any instillation or
construction on District right-of-way .
8 . Any construction on District right-of-way or property and cleanu 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 .
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9 . The Permittee shall at all times maintain markers above ground t 100 foot
intervals to show the location of any underground objects . The force main all be so
constructed and installed to permit the crossing of heavy equipment used by t e District
for the maintenance of its laterals , sublaterals and canals and for any si ilar 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 oi culvert is
needed hereafter for drainage or irrigation of adjacent lands , and the same is eemed 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 force main does not endanger of 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 lbrce 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 j irisdiction
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 -equest by
District .
12 . This Permit shall exist only so long as Permittee may be in full c mpliance
with all requirements of the Department of Environmental Protection for th 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 , ipsofacto , 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 Three Hundred Ten
and No/ 100 Dollars ($ 310 . 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 sewer force main from the right-of-way of the District .
17 . This Permit shall be considered to be a license only, for the limitc d purpose
of installation, placement and maintenance of the improvements specified o i 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, op ration or
maintenance on District property or right-of-way subject to this Permit and a derstands
and agrees that Permittee ' s use of District property for Permittee ' s purposes an 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, from any cause
whatsoever, 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
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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 agr es : 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 t iereto , 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 a ly transfer
of Permittee ' s property abutting District ' s property or right- of-way shall , ipsc 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.
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 6A day of a V , 200Y
Signed, sealed and delivered
In the presence of: INDIAN RIVER FAl,ZMS WAT R
CONT OL DISTIOWT
r --' 4 Dav-W E. Gunter, Secretar y
as to District
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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 14th day of December 2004•
INDIAN RIVER C UNTY
Chairf anArthur Neube ger ,,,'
.
Date Signed : Decpmb_er 14T
ATTEST : J. K. Barton, Clerk " '
r =
By :
Deputy Clerk
APPROVED :
G � a
By :
J ph A . aird, County Administrat r
Appr ed in and Legal fficien y
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a ' n . Fe sistanIt oun Attorney
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