Okaloosa County BOCC — January 8, 2013 — Hwy 20 Force Main Agreement with VRC — reading text

AGREEMENT THIS AGREEMENT is entered into as of , 2013 by and between VALPARAISO REALTY COMPANY, a Florida corporation, 128 John Sims Parkway, Valparaiso, Florida 32580 (“VRC”) and OKALOOSA COUNTY, FLORIDA, , Florida (“County”). RECITALS A. There exists a sanitary sewer force main pipe (“Force Main’’) that runs along the north side of State Road 20 from Palm Boulevard to Rocky Bayou Road located on property owned by VRC and for which the County has no written easement granting the right to maintain the Force Main. B. The County desires to maintain the Force Main in its present location, and VRC is amendable to allowing for maintenance of the Force Main at its present location and not requiring relocation and removing the Force Main. C. VRC will be developing the property next to and over the current Force Main. D. The parties desire to set out the parameters by which VRC will be permitted to develop the property next to and over the Force Main, including, without limitation, paving over the Force Main as further set out herein. NOW, THEREFORE, in consideration of mutual covenants contained herein and for other good and valuable consideration, the parties agree as follow: 1. The above recitals are true and correct and incorporated herein. 2. VRC agrees to allow the Force Main to remain in its present location and will not require the Force Main to be relocated or removed from its present location. 3. The County anticipates that the County may cease operation of the Force Main as early as the next several years. At such time that the County abandons and terminates use of the Force Main, it shall promptly notify VRC. VRC shall then have the right, but not the obligation, to remove the Force Main from VRC’s property. The County will not be required to pay for any costs of removal of the Force Main. Upon notification to VRC of the County’s abandonment and termination of the Force Main, the County shall have no further obligation to VRC relating to the Force Main. 4. During the County’s operation of the Force Main, VRC agrees to release the County from any claims by VRC and agrees not to sue the County for and will hold the County harmless from any claims made, or that could be made, by VRC, relating to the County’s normal operation and maintenance of the Force Main. VRC is not responsible or liable for any damages or claims against the County by third parties, including, without limitations, any claims by VRC’s contractors or invitees or claims by VRC’s tenants or their guests, invitees, employees or contractors. 5. In the event that the County performs maintenance and repairs on the Force Main, it will use reasonable efforts, at its own expense, to restore the property over and about the Force Main in substantially the same condition that existed prior to the said maintenance and repair, including, without limitation, repaving, reasonable restoration of landscaping and similar actions. 6. For any work, construction and improvements performed by VRC over or in close proximity to the Force Main, the following provisions shall apply: a. 7. VRC and the County and/or their respective representatives will hold a pre-construction meeting approximately two (2) weeks before the start of construction by VRC with all the key personnel involved; More than forty-eight (48) hours before construction occurs, the contractor performing the work will call in a dig ticket so the County’s line locating contractor can spot the line; VRC and its contractor will be responsible for the protection of the Force Main during construction. The County inspector will not be responsible, by action or omission, for any failure to protect the Force Main; Whenever work occurs over or in close proximity to the Force Main, the contractor will notify the County’s inspector. The County’s inspector on the project will have the authority to shut down construction at his discretion, reasonably applied, should the need arise due to an unsafe condition or violation of this Agreement or its contractor. VRC will pay the County for the inspector’s time involved, subject to review and approval by VRC, said approval not to be unreasonably denied or delayed; No heavy equipment will be allowed over the Force Main until the base is installed and compacted and the first course of asphalt is applied; Excavation done in the vicinity of the Force Main will be from the side, and not on top of or straddling the Force Main; Only hand operated machines or water may be used to compact the subgrade; No vibratory compaction shall be performed within 10 ft. of the Force Main. Only water and a static roller may be used to compact the base; and Should a Force Main break occur due to this construction, the cost of materials for the repairs will be paid by VRC. The County will provide the necessary materials for the repairs and send the invoice to VRC for reimbursement. The County will provide, at its expense, the labor and equipment to make the repairs to the pipe. In connection with any dispute arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, including fees and costs for pre-suit, in litigation, appeal, post-judgment collection and in bankruptcy. VALPARAISO REALTY COMPANY, OKALOOSA COUNTY, FLORIDA a Florida corporation a L~ooo—m—n Patrick E. Byrne II Print Name: Don R. Amunds Its: President Its: Chairman, Board of County Commissioners