HomeMy WebLinkAbout2003-321 ECE1
OCT
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AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
HOBART ROAD INDUSTRIAL PARK / LES PROPERTIES, LLC
FOR THE CONSTRUCTION OF OFF-SITE UTILITIES
THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY") and
LES PROPERTIES, LLC, the address of which is 1460 W. 56th Square, Vero Beach, F132966, (hereinafter the
DEVELOPER) is effective upon execution by the second of the two parties .
WHEREAS, the DEVELOPER, in conjunction with the construction improvements at the south side of
Hobart Road; west of Old Dixie Hwy in Indian River County, is providing water facilities to serve the subject
property located at 4415 77a' Street, Vero Beach and more specifically described in Exhibit "A" ; and
WHEREAS, pursuant to Section 918 .05 , The Code of Indian River County (Ordinance 90- 16 , as amended),
the COUNTY, requires the DEVELOPER to provide the utility improvements to serve the regional area, and
agrees to reimburse the DEVELOPER, as provided herein, for the cost of providing these off-site utilities,
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and
valuable consideration, the COUNTY and DEVELOPER agree as follows :
1 . OFF-SITE UTILITIES :
The DEVELOPER shall construct the necessary off-site utilities described herein as directed by the Indian River
County Utilities Department. The COUNTY shall reimburse the DEVELOPER for over-sizing of the off-site
utilities as outlined below:
A. 16-inch Diameter Water Main along Hobart Road from US Highway # 1 to the western edge of the
developers property:
The DEVELOPER is relying upon the construction of approximately ) 500 LF of 16" water line along
Hobart Road from US Highway 1 to the western edge of his property,4415 77`h Street; west of Old Dixie
Highway.
Reimbursement : The COUNTY shall reimburse the DEVELOPER based on itemized invoice of
installed materials at the time the above-referenced facilities are dedicated to and accepted by the
COUNTY. The COUNTY' S reimbursement shall be in the form of check from the COUNTY, and shall
not exceed the amount of $ 170 , 968 . 84 less the line extension fee (see attached Exhibit-B). The
DEVELOPER shall pay line extension fees in the amount of $ 11 .25 per foot of property frontage ofthe
proposed water line and line extension fees in the amount of $ 15 . 77 per foot of property frontage of the
existing force main. . The DEVELOPER ' S fee for this portion is tabulated below:
Frontage Total Frontage Cost er Front Footage ($/ ft. ) Developer Cost
398 398 $ 11 .25 $4 ,477 . 50
Page 1 of 9
•
Frontage Total Frontage Cost per Front Foota e $/ ft . Developer Cost
398 398 $ 15 . 77 $6,276 .46
2 . Amendment :
This Agreement may be modified only by a written instrument executed by all parties to the Agreement .
3 . Assignability:
Either party may assign this Agreement. However, the rights granted herein shall run with the land and are
not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this
Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have
the right to transfer these rights to another property unless this Agreement is amended in writing by the
assignee and the COUNTY.
4 . Authority:
Each party hereto represents and warrants to the other that the execution of this Agreement and any other
documents required or necessary to be executed pursuant to the provisions hereof are valid, binding
obligations and are enforceable in accordance with their terms .
5 . Bidding and Award :
Bid proposals and engineering costs related to the work described herein shall be subject to approval by the
Indian River County Department of Utility Services . The DEVELOPER agrees to use DemandStar to bid the
construction of off-site utilities described herein. The DEVELOPER shall submit to the Department of Utility
Services for review at least three (3 ) bids from licensed and qualified utility contractors. The term "qualified"
shall be as determined by the COUNTY. The COUNTY ' s reimbursement of construction costs to the
DEVELOPER shall be conditioned upon the Utility Services Department ' s approval of project costs . The
DEVELOPER shall not commence work unless the Utility Services Department provides written approval of
the final construction cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY Is sole
discretion, project costs significantly exceed those contained in Exhibit `B . "
6 . Captions :
Captions, if included, in this Agreement are included for convenience only and are not to be considered in any
construction or interpretation of this Agreement or any of its provisions .
7 . Construction Plans, Technical Specifications and Contract Documents :
The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities
Construction Permit to the Indian River County Utilities Department and Florida Department of
Environmental Protection (FDEP) . The DEVELOPER shall not commence construction until all permits are
approved and obtained.
8 . Definition
All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity
of the party or parties may require .
9 . DEVELOPER ' s Obli atg ions :
The DEVELOPER shall prepare at its own expense, plans, specifications, Agreement, advertisement, general
conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary to deliver
the water and wastewater utilities from the COUNTY' S facilities . All plans and specifications shall be subject
to the COUNTY ' s approval prior to the DEVELOPER' s application. The DEVELOPER shall be responsible
for all costs associated with the design, permitting and construction of the offsite facilities (which includes but
is not limited to transmission lines, valves, fittings, hydrants, meters, and associated appurtenances) whether
designed, permitted or constructed by the DEVELOPER or the COUNTY.
Page 2 of 9
The design, permitting, construction, operation and maintenance of all on-site water and wastewater utilities
which is on or solely dedicated to the DEVELOPER' s property (including but not limited to water meter,
transmission lines, pumps, valves , storage facilities, etc.) shall be the DEVELOPER' s responsibility and
expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review and
approval .
The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER' s side of the
water meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of
water by the DEVELOPER is prohibited.
The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use off-site of the
property.
10 . Easements :
The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater utilities for
the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the private
right-of-way including, but not limited to, water lines , services , laterals, manholes, meters, lift station, sewer,
remote monitoring and related utility structures .
After the COUNTY ' S final inspection of the off-site water and wastewater facilities for conformance with
the approved plans and specifications, the DEVELOPER shall convey all the off-site facilities together with
an interest in land, as may be required by the COUNTY, to the COUNTY. The conveyance shall include any
of the following documents as may be required by the COUNTY, in a form acceptable to the COUNTY :
a) Bill of Sale
b) Grants of Easements
c) Maintenance Bond
d) Record Drawings (hard copy and electronic format — AutoCAD rel. 14 .0)
11 , Entire Agreement
This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and
there is no oral or written agreements between the parties, nor any representations made by either party
relative to the subject matter hereof, which are not expressly set forth herein.
12 . Governing Law & Jurisdiction:
This Agreement shall be governed by the laws of the State of Florida and the laws of the United States
pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in
Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the
Southern District of Florida. All of the parties to this Agreement have participated freely in the negotiation
and preparation hereof. Accordingly, this Agreement shall not be more strictly construed against any one of
the parties hereto.
13 . Insurance and Indemnification:
The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work, the
selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general
liability insurance with a reputable insurance company subject to approval by the COUNTY ' s risk manager
in an amount not less than $3 ,000,000 combined single limit for bodily injury and property damage in
accordance with the COUNTY ' s Administrative Policy Manual . The DEVELOPER shall ensure that, at
least ten ( 10) days prior to the commencement of any work the selected contractor and any subcontractor
provides to the COUNTY a certificate of business auto liability insurance with a reputable insurance
company subject to approval by the COUNTY' s risk manager in an amount not less than $ 3 ,000,000 per
occurrence combined single limit for bodily injury and property damage in accordance with the COUNTY' s
Page 3 of 9
Administrative Policy Manual . The commercial general liability and auto liability insurance policies shall
name Indian River County, a political subdivision of the State of Florida, as an additional insured. In
addition, the DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work
the selected contractor and any subcontractor provides to the COUNTY a certificate of worker ' s
compensation insurance with a limit of $ 100,000 for each accident, $ 500,000 disease (policy limit) and
$ 100,000 disease (each employee) in accordance with the COUNTY' s Administrative Policy Manual. The
DEVELOPER shall provide to the COUNTY at least thirty (30) days ' written notice by registered mail,
return receipt requested, addressed to the COUNTY' s risk manager, prior to cancellation or modification of
any required insurance.
The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY' s officers ,
employees and agents , from and against any and all claims for damages, costs, third party claims, judgments,
and expense to persons or property that may arise out of, or be occasioned by, any work contemplated by this
agreement, or from any act or omission of any representative, agent, client, and/or employee
of
DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims and any judgments
that may be entered in connection therewith, including attorney fees . DEVELOPER shall indemnify the
COUNTY against any claim for damage that any utility, whether publicly or privately owned, may sustain or
receive in connection with any work contemplated by this agreement. DEVELOPER shall not make any
claim of any kind or character whatsoever against the COUNTY for damages that it may suffer by reason of
the installation, construction, reconstruction, operation, and/or maintenance of any public improvement, or
utility, whether presently in place or which may in the future be constructed or installed, including but not
limited to, any water and/or sanitary sewer mains and/or storm sewer facilities, and whether such damage is
due to flooding, infiltration, backflow, and/or seepage caused from the failure of any installation, natural
causes, or from any other cause of whatsoever kind or nature. It is the intention of this indemnification
agreement on the part of DEVELOPER, and a condition of this agreement, that it shall be full and total
indemnity against any kind or character of claim whatsoever that may be asserted against the COUNTY.
DEVELOPER hereby agrees to defend any and all suits , claims, and causes of action brought against the
COUNTY arising out of or in connection with any work contemplated by this agreement, and DEVELOPER
agrees to pay any judgment or judgments, including attorney fees, that may be rendered against the COUNTY
or against the COUNTY' s officers, employees or agents in connection therewith.
14 . Maintenance Bond:
The DEVELOPER agrees to convey all right, title, and interest in the aforementioned utility improvements to
INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY's approval, issued by
a reputable surety company authorized to do business in the State of Florida, for a period of one year after the
COUNTY's acceptance of the improvements . The value of the Maintenance Bond shall be 25 percent ofthe
total construction value of the utility improvements . At the COUNTY's sole discretion, the COUNTY may
accept a Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero Beach,
Florida, in lieu of a surety bond.
15 . Multiple Counterparts :
This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute
collectively one ( 1 ) Agreement; but in making proof of this Agreement, it shall not be necessary to produce or
account for more than one such counterpart executed by the party to be charged.
16 . Permits :
The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the
construction, delivery, use and monitoring of the water distributed to and wastewater collected from the
subject property. If, through no fault of the parties involved, any federal, state or local government or agency
(excluding the COUNTY) fails to issue necessary permits , or fails to grant necessary approvals, or requires a
material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an
amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is
Page 4 of 9
impossible or impracticable to perform under the terms of this Agreement because of the above, then this
Agreement shall terminate and the parties shall have no further obligations to each other.
The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations and
maintenance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic
testing, cross connection control, monitoring, color-coding of water and wastewater equipment.
17 . Recording of Agreement :
This Agreement may be recorded in the official records of Indian River County by the COUNTY. If
recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent owners
of the property for the term of this Agreement. The DEVELOPER shall pay for all recording cost.
18 . Severability / Invalid Provision:
If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws,
such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal,
invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining
provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal,
invalid, or unenforceable provision or by its severance from this Agreement.
19 . Term:
The term of this Agreement is five (5 ) years . Unless otherwise agreed to by the parties in writing, this
Agreement shall not be renewed automatically for successive terms . Notwithstanding the foregoing, this
Agreement shall be coterminous with FDEP Permit for construction and with the County' s Utility
Construction Permit, whichever provides a shorter time period, but shall be not more than five (5 ) years from
the date of issuance. The County may terminate this Agreement early in its sole discretion if it determines
that the development project intended to be served by the improvements is suspended or discontinued.
20 . Time of Essence:
Time is of the essence of this Agreement; however, if the final date of any period which is set out in any
provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of
Florida, then, in such event, the time of such period shall be extended to the next day which is not a Saturday,
Sunday or legal holiday.
IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this
Agreement as follows :
DEVE PE : 3?" 61tze LLG
Witness §igiiature B
A I.EC1 A -cow ER, printed name -,) & 444MI ^-r a
Witness Print Name �1e
Titl (PresidenJ)or Vice President)
Date: rolzlo
Witness Signat,4e /
Gr111W10r01 //l
Witness Printed Name
Page 5 of 9
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
T foregoing instrument was acknowledged before me this 449 day of �oro , 2003 , by
ho is personally known to me or who has produced as identif1 ation.
Name: M161A Ftq'dD �� Notary Public
Commission # a®
Expiration Date CSC . FAGERBERG
NOTARY COMMISSION DD0" 3
mTEO EXPIRES JUL 25 2005 BOARD OF COUNTY COMMISSIONERS
aOR/DA BONDED "OUGH
Approved by : ADVANTAGE NOURY TB
R COUNTY, FLORIDA
c8a ".000� 441
a s E. Ch ndler, County Administrator . Macht, Chairman
BCC Approved : 11 - 18 - 2003
App ved as to Form and Legal Sufficiency
Attest :
J . K. Barton, Clerk of the Circuit Court
e •
By:
Deputy Clerk
Page 6 of 9
EXHIBIT=A
LEGAL DESCRIPTION AND PLAT
32 -39 -04 -00000 = 1000 -00002 . 0
EXHIBIT-B
ESTIMATED COST OF WATER MAIN IMPROVEMENTS
Item Description Estimated Unit of Measure Unit Price Total Price
Quantity
1 16" PVC W.M. * 1244 LF 42 .00 52,248 .00
2 J&B F . E.C . 140 LF 190 .00 269600 .00
3 Directional Bore Old Dixie 120 LF 120 .00 149400 .00
4 FHAs 3 EA 21700 . 00 89100 . 00
5 Fittings 2 Ton 51000 .00 105000 .00
6 Sample Points 3 EA 1 ,250 . 00 39750 . 00
7 Jumper Assembly 1 EA 29500 . 00 2 , 500 .00
8 Restoration * 1244 LF 2 . 75 3 ,421 .00
9 Mobilization 1 EA 155000 15 ,000
Subtotal 1369019 . 00
20% Contingency 275203 . 80
Total 1631222 . 80
Survey 2, 500 .00
Design 69500 .00
Permitting 35000 .00
Bidding & Award 1 ,200 . 00
Services During Construction 35800 .00
Administration 1 , 500 .00
Total Improvement Cost 181 , 722 . 80
Estimated County Share 1709968 . 84
Developer' s Share(Water) 49477 . 50
Developer' s Share Sewer 6,276 .46
* does not include US 1 / R-O-W, if necessary
ti •
EXHIBIT-C
PROJECT SKETCH OF IMPROVEMENTS
EXHIBIT C
Vero Beach area , Florida , United States
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