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2010-038
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Last modified
4/4/2017 1:59:10 PM
Creation date
10/5/2015 8:59:31 AM
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Resolutions
Resolution Number
2010-038
Approved Date
05/11/2010
Agenda Item Number
10.A.1.2.
Resolution Type
Lawsuit Settlement Approval
Entity Name
Waterway Village
DiVosta Homes
Subject
Settlement Documents
Bert J. Harris, Jr. Private Property Rights Protection Act
Note: There is no Page 16, Exhibit R - See Resolution 2010-038
Supplemental fields
SmeadsoftID
8435
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8. Invoices: Any invoices submitted by the Developer to the County for the <br />County's payment shall be reimbursed by the County according to the Prompt Payment <br />Act. (Sections 218.70-218.80, Fla. Stat. 2004). <br />')-&' dleper an -County :,h-cfl ;wcpare.----m+-ivally dg1-024l13-}+e <br />Bid Package—ad a mutually agree -able Frequa iiication Packa<t +�r I,lfis— 1�e m r� <br />described herein. D --eloper '.'Ill ael ert;se and seek Ci;'r,`1 r }eFi bi ._. ;te-}:-:" <br />£'Y tacton qua1ifie£4e con*etc the work de` .riled herein. <br />1 bid o}l Dernandcjliarveh ite as-- e—q-uireC by tiie Cet-nty Pr-rchi;l.inf.. ivisio}r. <br />n9us-t a.gre an the Contractor ;e1- -[Ed <br />r • <br />yr <br />9. Project Bids: The Developer shall not be required to publicly bid the <br />work described herein, but all work performed by the Developer shall be subject to the <br />reasonable determination by the County that the costs incurred for such work were <br />normal and customary. <br />7,10. Stormwater Management: The Developer agrees to incorporate, at no <br />cost to the County, sufficient capacity in Waterway Village to p accommodate <br />stormwater storage and other St. Johns River Water Management District mandated <br />permit conditions, effective on the date of permit issuance. for the impervious area f;ffor <br />the following roadway sections and associated intersections: 53rd Street from King's <br />Highway (58th Avenue) to the eastern boundary of Waterway , i1Ia' eVillage; 43rd Avenue <br />from 49th Street to 53rd Street; 49th Street improvementsproject related turn lanes; and <br />King's Highway (58th Avenue four -lane widening along the project frontage. The <br />County agrees that the minim activities associated with extracting and transporting of <br />this fill will not be charged against the limited duration of the incidental to construction <br />mining permits issued to the Developer for the development. The capacity shall be such <br />as to accommodate the drainage for the described section of 53rd Street if and when it is <br />widened to six lanes. As part of its design and construction of 53rd Street described <br />herein, the Developer shall design, permit, and install drainage improvements to direct <br />the drainage from the future widening of 53rd Street to six (6) lanes. The County shall <br />reimburse the Developer for all incremental costs incurred to accommodate the increased <br />drainage from a four -lane road to a six -lane road, such as, but not limited to, any increase <br />on price for larger pipes. Further, the Developer's obligation shall be deemed satisfied <br />when the County issues a Certificate of Completion for 53rd Street as a four -lane road. <br />-8-11. Insurance and Indemnification: During the Developer's performance of <br />any construction in County right-of-way covered by this Amended Agreement, the <br />Developer shall provide the County with evidence that the Developer or the Developer's <br />Contractor has obtained and maintains the insurance listed below. <br />A. The Developer or the Developer's Contractor shall procure and <br />maintain for the duration of all construction contracts, insurance against claims <br />for injuries to persons or damages to property which may arise from or in <br />connection with the performance of the work hereunder by the Developer, his <br />agents, representatives, employees or sub -contractors. <br />RM: 7375391: 1 <br />--9 <br />Page 8 of -a-616 <br />
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