2017-121 - Laserfiche WebLink

Home Browse Search

responsible for the balance 33%. The 6" force main on 69th Street will be extended to the western imits of LostTree Preserve PIan Deveiopment. The COUNTY and DEVELOPER agree that the DEVELOPER will pay 67% of the construction costs of the force main that abuts its property with the COUNTY responsible for the balance. The 8 -inch water main on 66th Street will be extended from Old Dixie Highway to the western limits of Lost Tree Preserve PIan Devetopment. The COUNTY and DEVELOPER agree that the DEVELOPER wili pay 67% of the construction costs of the water main that abuts DEVELOPER property (Lost Tree Preserve Plan Development) with the COUNTY responsible for the balance. The dollar value of these future required improvements will be determined at the time the corresponding phase of Lost Tree Preserve Plan Development is proposed for construction. The payments and payment schedule under Item C will be consistent with items A and above. 2. Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3. Assignability: Either party may assign this Agreement. However, the rightsQrantedhereinshaUrunxvith1he land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY. 4. Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. S. Captions: Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. 6. Construction Plans, Technical Specifications and Contract Documents: The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities Construction Permit (UCP) to the Indian River County UtiIities Department, Florida Department of Environmental Protection (FDEP) and all other necessary permits. The DEVELOPER shall not commence construction until all permits are approved and obtained. 7. Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. -Page 3 ^"'mon*,m.,IMP( on,mLDERxAR^IN^°owm" °ma°SEWER m"JE,o,LomTRH mmm.m^,^GR^FMENr°.m,mr