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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