HomeMy WebLinkAbout1990 12 12 - Assignment�R��'F=Ar. BOARD OF COUNTY COMMISSIONERS
z 1840 251h Slreel, Vero Beach, Florida 32960
Telephone: (407) 567-8000
"A�oRLo�''a Suncor: 224-1424
January 24, 1991
Mrs. Kathryn M. O'Halloran, CMC/AAE
City of Sebastian Clerk
Post Office Box 127
Sebastian, FL 32978-0127
Dear Mrs. O'Halloran:
CHARLES P. VITUNAC
County Attorney
WILLIAM G. COLLINS II
Asst County Anorney
SHARON PHILLIPS BRENNAN
Asst County Attorney
The Board of County Commissioners of Indian River County,
Florida, at its meeting Tuesday, January 22, 1991, approved
and executed the Assignment by the City of Sebastian to the
County of its right, title, and interest in those franchises
granted to the City by General Development Utilities, Inc.,
i.e., Sebastian Ordinances Nos. 0-81-8 and 0-81-9.
I am now returning to you a fully executed original of this
Assignment for you to have for the City's permanent,
official records.
Thank you for your assistance in this matter.
Enclosure
Sincerely,
COUNTY ATTORNEY'S OFFICE
Lea R. Keller, CLA
Paralegal
i
ASSIGNMENT
This Assignment, dated this -� day of December, 1990,
by and between INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, whose address is 1840 25th Street, Vero Beach,
Florida 32960, (hereinafter referred to as the "County"), and THE
CITY OF SEBASTIAN, a municipal corporation of the State of Florida,
whose address is City Hall, Sebastian, Florida 32958, (hereinafter
referred to as the "City").
W I T N E S S E T H
WHEREAS, the City granted the County an exclusive
franchise to furnish water and sewer service to the entire area
within the incorporated limits of the City, excluding those areas
in which the City had previously granted franchises; and
WHEREAS, the County's franchise territory will include
those areas in which the City had previously granted franchises
should any such prior franchise expire, revert, be forfeited,
cancelled or otherwise come under the control of the City; and
WHEREAS, water and sewer franchises presently exist
between the City and General Development Utilities, Inc.,
(hereinafter referred to as "GDU"), granted by City Ordinance No.
0-81-8 and City Ordinance No. 0-81-9 respectively; and
WHEREAS, the franchises granted by the City to GDU
contain provisions giving the City the right to purchase all of the
facilities, together with easements, owned and used by GDU to
provide services under its franchises with the City; and
WHEREAS, the City desires to assign to the County, and
the County desires to acquire, all of the City's right, title and
interest in those franchises granted by the city to GDU, with the
exception of the City's right to receive franchise revenues and to
regulate rates, fees, and charges under the franchises.
NOW, THEREFORE, in consideration of the mutual promises,
covenants and agreements set forth herein and other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
1. Assignment. The City hereby transfers to the County
all of the City's right, title and interest in the water franchise
granted to GDU by the City in Ordinance No. 0-81-8, and in the
sewer franchise granted to GDU by the City in Ordinance No. 0-81-
9; provided, however, that the City hereby retains the right to
receive any and all franchise revenues and fees owed under the
aforementioned franchises, and to regulate rates and charges being
charged and collected pursuant to said franchises.
2. Acceptance. The County hereby accepts the assignment
by the City of all of the City's right, title and interest in the
water franchise granted to GDU by the City in Ordinance No. 0-81-
8, and in the sewer franchise granted to GDU by the City in
Ordinance No. 0-81-9, with the exception of the City's right to
receive revenues and to regulate rates, fees, and charges under
said franchises.
3. Indemnification. The County hereby agrees to
indemnify, defend and hold the City harmless from and against any
and all expenses, costs, damages, judgments, liabilities and
reasonable attorney's fees incurred by the City resulting from any
claims, causes of action, demands, lawsuits, proceedings or actions
of any party arising from or in any way connected to the execution
and delivery of this Agreement, or as the result of the exercise
by the County of any right transferred by the City hereunder.
4. Attorney's Fees. In any litigation or arbitration
between the parties arising from this writing, the prevailing party
shall recover its attorney's fees and costs incurred, including
attorney's fees and costs incurred in appellate proceedings.
5. Binding Effect. This Agreement shall be binding upon
the parties and their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Attest: CITY OF SEBASTIAN
Kathry M. O" a loran,
CMC/AAt
City Clerk
(SEAL)
Approved as to form and
content:
harles Ian Nas ,
City Attorney
Attest:.
t
Jeffrey K. Bar on,
County Clerk lg�,,,ca Q, •� �-'
(SEAL)
By i:F
W. E. ConyMayor
Intim Biva COI Appr Oved Oale
Admin,
Legal —� 9
1 -
Budget
Dept.
Risk Mgr. ( ✓9
Indian River County/
By
Richard N BirJ, c ami irman
APPROVED: 1-22-91