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HomeMy WebLinkAboutSJRWMD Plug Artesian Well behind Post OfficeContract #98H222 WELL PLUGGING AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTR~CT AND CITY OF SEBASTIAN THIS AGREEMENT is made and entered this // day of ~'}/~g~ 'ge/~-/, 199~, by .a.r~d~t~et,~..en CITY OF SEBASTIAN (here in after referred to as the "OWNER ), Attn: Mr. ~7~ity Manager, 1225 Main street, Sebastian, Florida 32958 and the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (here in after referred to as the "DISTRICT"). WITNESSETH: WHEREAS, pursuant to Section 373.207, Florida Statutes, the Florida Legislature has directed the DISTRICT to locate all known abandoned artesian wells and insure that each is plugged in order to protect the public health, safety and welfare, and to extend the life of the state's ground water supply; and WHEREAS, one or more abandoned artesian wells are located on the OWNER's property; and WHEREAS, the OWNER and the DISTRICT desire to bring into compliance the abandoned artesian well(s) by using the DISTRICT's staff and equipment or the services of a qualified independent licensed water well contractor to plug the well(s). NOW, THEREFORE, for and in consideration of the premises which are made a part of this Agreement and the mutual covenants, terms and conditions contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the OWNER and the DISTRICT, each intending to be legally bound, do hereby agree as follows: 1. The DISTRICT shall: Plug or, at the DISTRICT's discretion, reconstruct the OWNER's well(s) located on the OWNER's property identified on Exhibit "A", attached hereto and by reference made a part hereof. As necessary, contract with a licensed water well contractor to plug or reconstruct the well(s) located on the OWNER's property and administer the contract. Obligate monies to cover the difference between the OWNER's contribution and the total cost of plugging or reconstruction of the well(s). The DISTRICT's obligation per well shall be a minimum of 50 percent of the costs of all materials, site work and independent 1 Contract #98H222 contractual services, or a maximum of the total cost less OWNER's cost share as stated in Paragraph 2C below. D. Pay the licensed water well contractor for work performed. E. Invoice the OWNER for the OWNER's share of plugging cost. 2. THE OWNER shall: Grant to the DISTRICT permission and authorization to plug the well(s) located on the OWNER's property, identified in Exhibit A, Welt No. IR0934. Grant to the DISTRICT ingress and egress to the well site(s) and the right to transport, place and remove construction equipment and vehicles to plug or reconstruct the well(s). Provide monies to the DISTRICT to cover 50 percent of costs for all materials, site work and independent contractual services, in an amount not to exceed three thousand dollars ($3,000). If OWNER fails to pay the DISTRICT the full cost share amount within the time frame specified in paragraph 2D below, the OWNER shall be responsible for the payment of the total cost of the work or contractual services. Pay to the DISTRICT, within 60 days of receipt of invoice, the OWNERS's cost-share as described in Paragraph 2C above. 3. TERM: This Agreement shall commence upon the date of full execution and shall terminate upon satisfactory completion of the well plugging or reconstruction and subsequent cost reimbursement by the OWNER. If well plugging or reconstruction have not been undertaken and no costs have accrued, this Agreement shall expire one year from the date of full execution, 4. OWNER DEFAULT: If the OWNER fails to reimburse the DISTRICT for its cost-share within sixty (60) days of receipt of the DISTRICT's invoice, the DISTRICT may commence a cause of action in a court of competent jurisdiction to seek total cost reimbursement for the well plugging or reconstruction, or may seek a lien against the property of the OWNER as authorized pursuant to Sections 373.209(3)(a) and 373.436(2), Florida Statutes. In either case, the OWNER shall pay all costs and attorneys' fees. 5. RELEASE AND INDEMNIFICATION: The OWNER shall not claim any damages from the DISTRICT in connection with or on account of any injuries or damages arising in or on the property while being used by the DISTRICT and its agents, 2 Contrac~ #98H222 representatives and employees. The OWNER shall maintain a program of insurance covering its liabilities as prescribed by Section 768.28, Florida Statutes, and shall be responsible for the acts and omissions of its officers employees, representatives, and agents in the event that such acts or omissions result in injury to persons or damage to property. 6. CANCELLATION: The DISTRICT may, with or without cause, terminate or cancel this Agreement within seven (7) calendar days after the OWNER's receipt of written notice of cancellation. IN WITNESS WHEREOF, the OWNER and the DISTRICT have caused this Agreement to be executed by their respective representatives. OWNER ST. JOHNS RIVER WATER MANAGEMENT DISTRICT APP~ERAL COUNSEL ~ Will~ams, Sr. ,&sst. G~neral Counsel 3 Contract #98H222 °