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2003-320
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2003-320
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Last modified
12/20/2016 11:56:02 AM
Creation date
9/30/2015 7:08:42 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/18/2003
Control Number
2003-320
Agenda Item Number
11.J.3
Entity Name
Mazarella's Automotive Service
Subject
Construction of Off-Site Utilities
Sewer System Master Lift Station
Area
445 9thn St. SW
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3536
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17 . Permits : <br /> The DEVELOPER shall be responsible for obtaining all construction and operating permits required for <br /> the construction, delivery, use and monitoring of the water distributed to and wastewater collected from the <br /> subject property. If, through no fault of the parties involved, any federal, state or local government or <br /> agency (excluding the COUNTY) fails to issue necessary permits , or fails to grant necessary approvals , or <br /> requires a material change in the system, then to the extent necessary and if possible , the parties agree to <br /> negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines <br /> that it is impossible or impracticable to perform under the terms of this Agreement because of the above , <br /> then this Agreement shall terminate and the parties shall have no further obligations to each other. <br /> The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations <br /> and maintenance including but not limited to all FDEP regulations relating to bacteriological and <br /> hydrostatic testing, cross connection control, monitoring, color-coding of water and wastewater equipment. <br /> 18 . Recording of Agreement : <br /> This Agreement may be recorded in the official records of Indian River County by the COUNTY . If <br /> recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent <br /> owners of the property for the term of this Agreement. The DEVELOPER shall pay for all recording cost. <br /> 19 . Severability / Invalid Provision : <br /> If any provision of the Agreement is held to be illegal , invalid or unenforceable under present or future <br /> laws , such provision shall be fully severable ; this Agreement shall be construed and enforced as if such <br /> illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the <br /> remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by <br /> such illegal, invalid, or unenforceable provision or by its severance from this Agreement . <br /> 20 . Term : <br /> The term of this Agreement is five (5 ) years . Unless otherwise agreed to by the parties in writing, this <br /> Agreement shall not be renewed automatically for successive terms . Notwithstanding the foregoing, this <br /> Agreement shall be coterminous with FDEP Permit for construction and with the County' s Utility <br /> Construction Permit, whichever provides a shorter time period, but shall be not more than five (5 ) years <br /> from the date of issuance . The County may terminate this Agreement early in its sole discretion if it <br /> determines that the development project intended to be served by the improvements is suspended or <br /> discontinued. <br /> 21 . Time of Essence : <br /> Time is of the essence of this Agreement; however, if the final date of any period which is set out in any <br /> provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of <br /> Florida, then, in such event, the time of such period shall be extended to the next day which is not a <br /> Saturday, Sunday or legal holiday. <br /> Remainder of Page Intentionally Left Blank <br /> Page 6 <br /> Fr,UTILITIES\UTWTY - ENGINEERING'%PROJECTS - UTILITY CONSTRUCTION PERMITS`.MAZZARELLA SUBDIVISION UCP k 2250�AGREEMENT - DEVELOPERS AGREEMENT - DEVELOPMENT OF OFF-SITE <br /> UTILITIES, COUNTY STANDARD WITH PAYMENT BOND. DOC <br />
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