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2004-133
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2004-133
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Last modified
5/1/2020 8:41:50 AM
Creation date
9/30/2015 7:36:58 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/08/2004
Control Number
2004-133
Agenda Item Number
11.I.2
Entity Name
Newport North Holdings LLC
Subject
Developer's Agreement Site Access and Stormwater Improvements
Area
North Lakes Subdivision 58th Ave.
Archived Roll/Disk#
3210
Supplemental fields
SmeadsoftID
3823
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This document prepared by and return to: <br />Indian River County <br />Public Works Department <br />1840 25th Street <br />Vero Beach, Florida 32960 <br />BDB/bm <br />J. Whenever the singular number is used in this Agreement and when <br />required by the context, the same shall include the plural, and the masculine, feminine, <br />and neuter genders shall each include the others. <br />K. County and Developer shall grant such further assurances and provide <br />such additional documents as may be reasonably required by one another from time to <br />time, and cooperate fully with one another in order to cavy out the terms and conditions <br />hereof and comply with the express intention of this Agreement. <br />L. Failure to insist upon stnct compliance with any of the terms, covenants, or <br />conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, <br />nor shall any waiver or relinquishment of any right or power hereunder at any one time or <br />times be deemed a waiver or relinquishment of such right or power at any other time or <br />times. <br />M. All words, terms, and conditions contained herein are to be read in concert, <br />each with the other, and a provision contained under one paragraph may be considered <br />to be equally applicable under another in the interpretation of this Agreement. <br />N. The words herein and hereof and words of similar import, without reference <br />to any particular section or subdivision of this Agreement, refer to this Agreement as a <br />whole rather than to any particular section or subdivision hereof. <br />0. In the event any term, condition, or clause of this Agreement is declared to <br />be illegal or unenforceable by a court of competent jurisdiction, such declaration of <br />illegality or unenforceability shall not affect or alter the legality or enforceability of any <br />remaining term, condition, or clause hereof, provided of the parties, as set forth in this <br />Agreement. <br />P. Insurance And Indemnification: Dunng Developer's performance of any <br />construction in County right-of-way covered by this Agreement, Developer shall provide <br />the County with evidence that Developer or the Developer's Contractor has obtained and <br />maintains the insurance listed below. <br />1. Developer or Developer's Contractor shall procure and maintain for the <br />duration of all construction contracts, insurance against claims for injuries to persons <br />or damages to property, which may arise from or in connection with the performance <br />of the work hereunder by the Developer, his agents, representatives, employees or <br />sub -contractors. <br />2. Minimum Scope of Insurance <br />{M20752622}5 <br />C:\Documents and Settings\TRamm\My Documents\wordfiles\Florida\Bayer\North Lake SD -Developer's Agr-final.doc <br />
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