2009-202 - Laserfiche WebLink

Home Browse Search

testing ) . The total cost is $ 116 , 111 . 18 . 3 . Pursuant to the terms of this Agreement , the DEVELOPER shall : a . Pay $ 93 , 616 . 72 to the County , which is 80 . 6 % of the project cost . This payment shall be made within thirty ( 30) days of the effective date of this Agreement . b . The DEVELOPER shall be responsible for the WORK . The DEVELOPER shall complete the WORK by December 31 , 2009 . 4 . Pursuant to the terms of this Agreement , the COUNTY shall : a . Pay $ 22 , 494 . 46 ( 19 . 4 % of the project cost) , which is based on the proportionate share of linear feet of paving ( 80 . 6 % developer/ 19 . 4 % County) . b . The COUNTY PURCHASING DIVISION shall bid the project , publicly following standard COUNTY Purchasing policies . 5 . In the event that the bid comes in over the estimated amount , the Developer shall have the option to cancel this Agreement without penalty . In the event that the bid comes in under the estimated amount and after all work has been completed and approved by the County , The Developer shall be refunded 80 . 6 % of the difference between the actual cost of the work and the estimated cost of the work . 6 . All decisions regarding design , engineering , construction and inspection of the WORK shall be made by the COUNTY . 7 . In the event of any litigation arising out of this Agreement , each party shall bear its own attorney fees and costs . 8 . No Amendment , modification , change or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . 9 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns . 10 . This Agreement contains the entire agreement and understanding between the parties . No representation , statement , recital , undertaking or promise not specifically set forth herein shall be binding on any party hereto . 11 . This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida . Venue hereunder shall lie in Indian River County , Florida . 12 . This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties . There shall be no canon of construction for or against CADocuments and Settings\Kimberly\Local Settings\Temporary Internet Files\OLK6\47th St Pav -Triple CT Dev Agr 07 - 13- 09 . doc